Inspection Contract | Double Check Inspections, Inc.

INSPECTION CONTRACT -- PLEASE READ CAREFULLY

THIS IS A BINDING CONTRACT. It is understood that the client is retaining this inspector to perform a home inspection pursuant to the Standards of Practice of the American Institute of Inspectors. The guidelines of the American Institute of Inspectors are available on line at http://www.inspection.org/home_inspector.html

This is a legal contract that should be read before signing. Please ask any questions(s) as to the inspection before signing this agreement. Should you sign this inspection contract without requesting any clarification the home inspector can only assume you understood and agreed to the terms and conditions of the inspection contract. Initials ___________________

SCOPE

OF THE GENERAL INSPECTION: Client understands that this home inspection is a “non-invasive limited visibility physical inspection/examination” designed to identify material defects to the systems, structure, and components of the home or building as it appeared on the day of the inspection. A material defect is a condition that significantly affects the value, desirability, habitability or safety of the building. Style, aesthetics or deficiencies that may be remedied with routine or regular maintenance and miscellaneous minor repairs shall not be considered in determining whether a specific system, structure or component is defective. The report emphasis is no the material defects and while some minor defects will be mentioned it is not intended to b an all-inclusive list of the building’s flaws and is not the focus of the inspection. It is understood that the inspector is a generalist and is not acting as an expert in any craft or trade. No representation is made as to any condition that may change from the date of the inspection to the close of escrow. It is acknowledged and understood that the inspector is not to open, move, lift or change any condition within the home on the day of the inspection. It is further understood that the inspection is performed to identify visible material defects in the systems, structures, and components of the above referenced home/building and its associated primary structure, only. The inspection performed in accordance with the standards listed above is not intended to be technically exhaustive. General testing, water testing roofs, windows or decks, measuring, using meters or devices of any kind, dismantling equipment or dong calculations for any system or component to determine adequacy, capacity or compliance with any standard is outside the scope of the inspection. Any areas not accessible using a short extension ladder; crawl areas of less than 12 inches or other areas the inspector deems inaccessible or unsafe are not included. Any area, which is not exposed to view, is concealed, or is inaccessible because of soil, paint, walls, floors, ceilings, or any other thing is not included in this inspection. Attached fences, trellises and garden walls will be included only to the extent that they constitute a hazard to the main building.
The inspection report or the inspector may recommend further evaluation by a specialist (specialist). If a recommendation is made by the inspector to contact a specialist it is the client’s responsibility to contact, retain at their own expense advice as to said condition before the close of escrow. Upon tendering of this home inspection report the home inspector is no longer following the progress or closure of this property. Initials _______________

GENERAL PROVISIONS: The inspection contract and report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. The home inspection and inspection report are not a substitute disclosure for real estate transactions which may be required by law.

CONFIDENTIALTY: This “inspection report” is confidential and the sole possession of the client. By initialing herein you are authorizing this inspector to release this confidential report to the parties to this transaction and his/her/their Realtor(s). The client hereby agrees in authorizing this release of the home inspection report to indemnify, defend and hold harmless the inspector from any action or cause of action that may be brought against said inspector by any 3rd person no a party to this purchase and sale agreement.

SEVERABILTITY: Should any provision of this contract be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this contract shall remain in full force and effect, unimpaired by the court’s ruling.

BINDING ARBITRATION: Any dispute concerning the interpretation of this contract or arising from this inspection report shall be resolved between the parties by binding arbitration conducted in accordance with the laws of the State of Oregon. The parties to this home inspection contract understand that they are giving all rights to a trial by judge or jury for their own reasons after having the opportunity to seek advice of counsel should he/she desire to do so. The arbitrator shall be a retired Judge or attorney who specializes in the home inspection industry and is familiar with the Standards of Practice of the American Institute of Inspectors or any nationally recognized Home Inspection society. The fees for the binding arbitration are to be split equally between the parties to the binding arbitration and are an item of cost to the prevailing party subject to the mandatory mediation contract set forth above. All parties waive their right to appeal the finding of the arbitrator. The court retains jurisdiction to enter the binding arbitration award as a judgment for the prevailing party. This is a material term and condition to the contract for which the fee for the home inspection was based. The decision of the arbitrator must be based on current case law with in the jurisdiction where this case arose and subject to the Standards of Practices of the American Institute of Inspectors.
Initial(s) ___________

LIQUIDATED DAMAGES: The parties to this contract agree that should any defect be alleged against the home inspector by the client, all parties agree that the maximum amount of those damages are limited to twice the cost of the inspection but not to exceed $1,000.00 The cost of the home inspection is based on this liquidated damage provision. This is a material term and condition to this contract.
GENERAL PROVISIONS: This inspection contract and report do not constitute a home warranty, guarantee, or insurance policy of any kid whatsoever. The home inspection and report are not a substitute disclosure for any other real estate disclosure that may be required by law.
WAVER of CAUSES of ACTION: It is understood by the parties to this contract that should any defect be alleged against the home inspector by the client, the client will notify the home inspector within ten (10) days of the notice of this alleged defect allowing the inspector the opportunity to see the “alleged defects” before any modification or spoliation of the condition. Any repairs or changes to the “alleged defects” before the home inspector has the opportunity to inspect the “alleged defect” is, by agreement of the parties, a waiver of any and all claims by the client against the home inspector for that/those changed defects. The cost of the home inspection is based on this provision of the contract and is a material term and condition to this contract.

STIPULATION: If no legal action or proceeding of any kind, including those sounding in tort or contract, are commenced against inspector/inspection company within one (1) year after the date of the subject inspection it is stipulated that no act of negligence or in breach of contract has occurred. Time is expressly of the essence herein. This time period is shorter than other wise provided by law. This provision is a material term of this contract. The price of the inspection is calculated on this shortened statute of limitation.
Initial(s _________________

This agreement shall be binding upon and insure to the benefit of the parties hereto and their heirs, successors and assigns.

NOTIFICATION OF DEFECT: If following the close of escrow a defect not reported is found no change in the condition of his alleged defect shall be made without first giving notification to the inspector of this condition. This notice of defect must be made orally and confirmed in writing return receipt request to allow the inspector to see the condition before it is changed. Failure to comply with this/these terms violates the terms and conditions of this contract with a full waiver of any claim as to those changed conditions now and forever. Initial(s ________________

WHETHER OR NOT THEY ARE CONCEALED, THE FOLLOWING CONDITIONS, VIOLATIONS AND TESTS ARE NOT INCLUDED IN THIS REPORT.
MINOR CONDITIONS: Minor fungi growths not substantially effecting structural soundness, nor common weathering on non-supporting wooden members. Examples of minor fungal growth are spots on roof sheathing rafters & fascia, decks
ENVIRONMENTAL HAZARDS, Including but not limited to: electro-magnetic fields, underground storage tanks, PCB’s, radon, asbestos, urea-formaldehyde, lead paint or solder, toxic or flammable chemicals, water and airborne hazards, or other environmental hazards.
TESTS OF: Heat exchangers, heat pumps, water pumps, air conditioners, wells, sprinkler system, dishwasher, washer & dryer, microwaves, smoke/fire alarms, low voltage electrical systems, including but not limited to TV antenna or signal cables, telephones, saunas, intercoms, security systems, speaker wires, automated equipment, landscape lighting, septic systems, swimming pools, hot tubs, Jacuzzis.
EVALUATION OF: Home, system, and components warranties. Structural, geological, and hydrological stability or soils conditions, wave action reporting: any form of engineering analysis. Only licensed engineers can conduct such evaluations.
VIOLATIONS OF: Easements, rights of way, boundaries, condition of title, zoning, previous use or occupancy determination, verification that existing structures and/or repairs were completed in accordance with local code requirements or that they were completed with a building permit, requirements of Americans with Disabilities Act (A.D.A.).

FULL AND COMPLETE AGREEMENT: This agreement constitutes the entire integrated agreement and must be modified in writing signed by the parties to modify the above. Client has read and understands all of the terms, conditions and limitations of this contract and voluntarily agrees to be bound thereby and agrees to pay the fee listed below.
Total Inspection Fee $___________________

I, the client, acknowledge and I have read, understand, and agree to all of the terms, conditions and limitations of this agreement and agree to pay the fee listed above.

Client: _______________________________________________________________________ Date: _________________________

Client: _________________________________________________________________________ Date: ________________________

Inspector: ____________________________________________________________________ Date: ________________________
Herman Venable
Double Check Inspections, Inc

Inspection Authorization and Terms, dated: *

The day this document is considered complete.

between this inspector and: *

The full name of the person making this agreement.

to inspect the following address:

The address of the planned inspection.

The Parties Understand and Voluntarily Agree as follows:

NOTE: THIS IS A SAMPLE CONTRACT. DO NOT USE THIS CONTRACT WITHOUT HAVING AN ATTORNEY LOOK IT OVER. WE ARE NOT LIABLE IF YOU HAVE ANY PROBLEMS WITH IT.

TERMS AND CONDITIONS 
THIS CONTRACT LIMITS LIABILITY

It is agreed by all that this inspection is to be performed according to the following terms and conditions:

1. COMPANY NAME will provide the Client a limited-time visual inspection of the following readily accessible and visible pertinent, major elements existing in the structure on the date of inspection: central air conditioning, central heating, interior electric, interior plumbing, foundation, basement, roofing, siding, walls, floors, ceilings, and built-in kitchen appliances. COMPANY NAME shall have no obligation to repair or replace any items found to be defective, whether or not discussed in the
COMPANY NAME written report. Conditions that may exist relating to any legal and/or public records are outside the scope of this inspection. COMPANY NAME cannot determine during the inspection that the roof leaks or is watertight; the rating is on material condition only. Further, this inspection does not cover code compliance, soil or groundwater contamination, geological, design, adequacy evaluation, or any low voltage wiring. COMPANY NAME reserves a 5% margin or tolerance. This inspection will include the above elements unless otherwise restricted by the client. At times, conditions may exist and may not have any visible signs to indicate its existence. Such items must be disclosed by the seller of the property. COMPANY NAME recommends that Client seek the advice of his legal counsel and/or real estate agent to identify items subject to disclosure in additions to those set forth in COMPANY NAME written inspection report. COMPANY NAME inspections are performed with consideration given to the age of the structure, items marked good must in all cases be considered good for the age of the item. Also, items in less than good condition must be marked as such, even though the condition may be normal for the age. Opinions vary from person to person and the report is the opinion of the inspector and must be considered as such. This report is not a mold or hazardous materials inspection.

2. Payment of the fee entitles client to one original of the written inspection report including photographs. Payment, in check, cash, or credit card, is due prior to the start of the visual inspection. The liability of COMPANY NAME is limited to the terms and conditions as set forth in this contract between COMPANY NAME and the Client. Client expressly releases COMPANY NAME from any and all claims arising out of the contract.

3. Client represents and assures COMPANY NAME that Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless COMPANY NAME from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection. COMPANY NAME recommends checking for permits on all additional construction performed on the property after the original construction.

4. This Order Form, with its terms, conditions and disclosures, constitutes the entire agreement between COMPANY NAME and Client. Both parties agree that there is no representation, statement or agreement not set forth herein or incorporated by reference. No waiver, alteration of modification of this contract shall be valid unless it is in writing and signed by an authorized representative of both parties. This contract shall be construed and governed by the laws of the State of California. For all areas marked outside of good condition, COMPANY NAME recommends proper attention by the appropriate licensed contractor.

5. COMPANY NAME has no liability for occupied/unoccupied homes and structures, and the inspection is only good until the inspector leaves the property. Disgruntled sellers/squatters often change the condition of the property and no guarantees will be made by COMPANY NAME

6. I have read the Terms and Conditions of this inspection and accept them, and also accept the Waiver Conditions.

7. I have full authority to execute this contract. I fully understand the fact that only the original buyer on this contract shall be entitled to the information contained in the inspection report/contract.

8. Client shall be liable for COMPANY NAME attorney's fees in the event of litigation. Any negative comments/actions reflected on/towards COMPANY NAME shall be grounds for a slander-suit for defamation of character in Superior Court. The defamation of character suit shall be filed against the instigator of said comments/actions.

9. I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.

Client Has Carefully Read The Above, Agrees To It, And Acknowledges Receipt Of A Copy Of This Agreement: *

Click To Endorse

Check the box to signify that you have read the contract terms.

Inspection fee is payable PRIOR to report delivery:

Inspection fee is payable PRIOR to report delivery. If you will not be present at the inspection, mail checks to:

Double Check Inspections, Inc.
P.O. Box 1826
Gresham, OR 97030

to make other payment arrangements /&gt;
email us at  double.check@comcast.net

or call us at 503-667-6767

IP Address: *

Your computers IP Address.

E-mail Address: *

Enter the e-mail address we can contact you at.

Client Signature - Typing your name here is a legal signature: *

The signee's signature.

CAPTCHA

This question is for testing whether you are a human visitor and to prevent automated spam submissions.

     _      __  __   ____   __        __  ____   __     __
    / \    |  \/  | |  _ \  \ \      / / |  _ \  \ \   / /
   / _ \   | |\/| | | | | |  \ \ /\ / /  | |_) |  \ \ / / 
  / ___ \  | |  | | | |_| |   \ V  V /   |  __/    \ V /  
 /_/   \_\ |_|  |_| |____/     \_/\_/    |_|        \_/

Enter the code above: *

Enter the code depicted in ASCII art style.

Double Check Inspections, Inc.

Home Inspections in Portland, Beaverton, Gresham and NW Oregon

Contact Information

Navigation

Authorization for Home Inspection Services