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Inspected Once, Inspected Right!
   

James Banning
Higgins Lake, MI 48653
989-205-6948




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      •   Home Inspection Agreement
      • Copyright © 2003-2005 National Association of Certified Home Inspectors
      • The address of the property is: ______________________________________________________________________________________________.
      • Fee for the home inspection is $____________________. INSPECTOR acknowledges receiving a deposit of $_________________ from CLIENT.
      • THIS AGREEMENT made this _____________ day of _______________________________________________________, 200__, by and between
      • __________________________________________________________ (Hereinafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”),
      • collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows:
      • 1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the
      • defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not
      • comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.
      • 2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current
      • Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands that
      • these standards contain certain limitations, exceptions, and exclusions.
      • 3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with
      • real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third
      • parties. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or
      • implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or
      • implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.
      • 4. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future.
      • CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and
      • expenses and payments arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors
      • and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this
      • liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the
      • home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not
      • intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk
      • among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
      • 5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction
      • where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she
      • is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those
      • within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing or noted here:
      • ______________________________________________________________________________________________________________________.
      • 6. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse
      • conditions within 14 days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR and
      • its agents from any and all obligations or liability of any kind.
      • 7. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the
      • INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law,
      • CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
      • 8. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement
      • represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions
      • other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by
      • INSPECTOR. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the
      • parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.
      • CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
      • 9. Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all
      • legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the
      • person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
      • CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS
      • AGREEMENT.
      • _______________________________________________ _______________________________________________________________
      • FOR INSPECTOR CLIENT OR REPRESENTATIVE
       
       

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