Visual Inspection Agreement                                        Printer Friendly Form:

 

FULL DISCLOSURE HOME INSPECTION

P O BOX 23551  -  CHATTANOOGA, TN 37422

OFFICE 423-451-7567

Date/Time of initial contact: _________________ By: _________________ To:___________
 

Property: _________________________________________________________________

                                   

                                                     

          ____________________________________________________________________

 

Client:_____________________________________________ Phone:_________________

 

Client's Interest in Property: ___________________________________________________

 

Clent’s Address: ___________________________________________________________

 

Email address:_____________________________________________________________

 

Real Estate Company: __________________________  Agent: _______________________

 

Office Address: _____________________________________________________________

 

Office Phone Number: __________________ Agent Phone Nember: ____________________

 

Inspection Fee: ___________ Paid By: ___________________________________________

 

Date Paid: _________________ Payment Method: _________________________________

  

CONTRACT / INSPECTION AGREEMENT

 


 

1.                   THIS AGREEMENT, made and entered into on this day, _____________________________ by and between the above named client and Full Disclosure Home Inspection, hereinafter referred to as “Inspector”.  Inspector will conduct a visual inspection of the property in accordance with the State of Tennessee Home Inspectors Standards of Practice Chapter 0780-5-12.10, promulgated by the commissioner, adhering to the same bodies Code of Ethics Chapter 0780-5-12.11. (Both documents are attached and hereinafter will be referred to as the “Governing Standards”).  This is not a Building Code Inspection, title examination, nor a By-law Compliance Inspection.  The inspector does not offer an opinion pertaining to the advisability or inadvisability of the purchase of the property, its value or its potential use.  The Inspection fee is based on a single visit to the property. Additional fees will be charged for any subsequent visits required/requested by the client.  If the inspector is called upon to prepare for litigation or give testimony as a result of the inspection, additional fees shall be charge at the Inspector’s then current hourly rate for any time spent, including, but not limited to, research, consultation, additional inspection time, preparation of reports, travel, time waiting to testify, and court appearances.

2.                     The client will receive a written report of Inspector’s observations of the accessible/operable features of the 
                  Property.  Subject to the terms
                  and conditions stated herein, the inspection includes the visual examination of the home’s exterior, structure,  
                  foundation, roof, attached
                 patios/porches/decks, electrical service, plumbing, permanently installed heating and cooling
                 systems, insulation,  ventilation, interior including 
                 walls,  ceilings, floors, steps, stairways, balconies and railings. A representative number of windows, interior
                 doors built-in cabinets, plugs, and 
                 switches will be tested.  The Inspector does not examine every one of these identical items, therefore, some
                 detectable deficiencies may go 
                 unreported. Installed kitchen appliances (excluding clocks, timers, self-cleaning oven functions, or thermostats for
                 automatic calibration or operation) 
                 will be normally operated verifying that they work.  There is no guarantee that they will operate    
                  properly/satisfactorily  for the client under regular use. It 
                  is a reasonable effort to disclose the condition of the house based on visual inspection.  No engineering services
                  are offered.
 3.                     This Inspection Report is based on the condition of the Property existing and apparent as of the time and date
                  of the inspection.  Not all conditions may be apparent on the inspection day due but not limited to weather
                  conditions, inoperable systems, inaccessible areas, etc.  A defect that was apparent on any date prior to the
                  inspection date may not be apparent on the inspection date. Without dismantling the house or its systems, 
                  there are limitations to the inspection.  Throughout any inspection, inferences are drawn which cannot be
                  confirmed by direct observation.  Clues or symptoms often do not reveal the extent of the severity of the problems. 
                  Therefore, the inspection and subsequent Inspection Report may help reduce the risk of purchasing the property,
                  however, an inspection does not eliminate such risk nor does the Inspector assume such risk.  While some of the
                  less important deficiencies are addressed, an all inclusive list of minor building flaws is not provided.  Inspector
                  is neither responsible nor liable for the non-discovery of any patent or latent defects in materials,
                  workmanship, or other conditions of the Property, or any other problems which may occur or may become
                  evident after the inspection time and date.   Inspector is neither an insurer nor guarantor against defects in the    
                  building and improvements, systems or components inspected.  Inspector assumes no warranty, expressed or
                  implied, as to the fitness for the use or condition of the systems or components inspected.  Inspector assumes
                  no responsibility for the cost of repairing or replacing any reported/unreported defect or condition, nor is Inspector
                  responsible or liable for any future failures or repairs.
 4.                      Unless prohibited by law, Inspector and its employees are limited in liability to the fee paid for the inspection
                  services and report in the event that 
                  client or any third party claims that Inspector is in any way liable for negligently performing the inspection or in
                  preparing the Inspection Report, for any 
                  breach or claim for breach of the Visual Inspection Agreement or for any other reason or claim.  The Inspection
                  Report is provided solely for the  benefit of the Client and may not be relied upon by any other person.  The
                  Inspector will not review any other inspection report prior to the beginning of the inspection.  The Client shall not
                  rely on any other inspection report prepared at any time by the inspector that is not prepared for or addressed to 
                  the Client.
 5.                      Inspections are done in Accordance with the Tennessee Governing Standards aforementioned, are visual,
                  and are not technically exhaustive.  
                  The following items are specifically excluded from the inspection: water softening systems, telephone and TV 
                  cables, electronic wiring systems, timing systems, central vacuum systems, intercom systems, electronic air
                   filters, central air conditioning when outside ambient temperature is below 65* F, heating system when outside
                   temperature is above 60* F, and any other condition, item, system or component which by the nature of
                   their location are concealed or otherwise difficult to inspect or which the Inspector cannot visually examine in
                   accordance with the aforementioned Governing Standards.  Excluded is the assurance of a dry basement or
                   crawl space; also excluded is the assurance that multi-layer paned windows’ 
                  glazing seals are intact.  The Inspector will not dismantle any component or system; full evaluation of the integrity
                  of the heat exchanger requires dismantling of the furnace and is beyond the scope of the visual inspection.
6.                   Inspector will not inspect inaccessible or concealed areas of the property; will not
                  conduct geological tests; will not enter dangerous areas of the Property; will not inspect for environmental
                  concerns such as hazardous substances or gasses, including but not limited to 
                 lead-based paint; Radon; Asbestos; Insects; Radon; Pesticides; Treated Lumber; Fungus; Mold: Mercury; 
                 Carbon Monoxide; Other similar 
                 environmental hazards, etc., nor will underground services (i.e.: sewage disposal; water supply; fuel storage or
                 delivery; etc.) be inspected.          

7.                  The inspection excludes defects such as cracking, leaking, surface discolorations, or landslides resulting in hidden defects, including but not limited to, water leaks, land subsidence, or other geological problems.  The inspection also excludes cosmetic features, including but not limited to paint, wall coverings, etc. The Inspector is not required to determine property boundary lines or encroachments.

8.                  Any controversy or claim between the parties hereto, arising directly or indirectly out of, connected with, or relating to the interpretation of this Agreement, the scope of the services rendered by the Inspector, the Inspection Report provided to the client by the Inspector, or as to any other matter involving any act or omission performed under this Agreement, or promises, representations or negotiations concerning duties of the Inspector hereunder, shall be submitted to arbitration in accordance with the applicable laws of the State of Tennessee. Any legal recourse shall be executed within Hamilton County, TN. Should the client be unsuccessful in maintaining the claim, then the client shall be liable to the Inspector for all charges, expenses, costs and legal fees (on a lawyer and client basis) incurred by the Inspector on a complete indemnity basis, including a reasonable fee for the time spent by the Inspector or Inspector’s personnel in investigating, research, preparation for, and attendance at court hearings and examinations.  Unless prohibited by applicable law, any claims must be presented within six (6) months (180 days) from the date of the inspection. Inspector shall have no liability for any claims presented more than six (6) months (180 days) after the date of the inspection.

9.                   The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against the Inspector arising herefrom and the right to offer a resolution prior to client’s performance of remedial measures (except in the event of an emergency, or to protect for personal safety, or to reduce or avoid damage to property).  The right of examination herein is a condition precedent to the commencement of any claim by the client against the Inspector in any jurisdiction until client has notified the Inspector of said complaint and made reasonable efforts to afford the Inspector an opportunity to complete such examination.

10.                This Agreement and the documents referred to herein constitute the entire Agreement between the parties hereto, and supersede any and all prior representations, discussions, or agreements, whether written or oral.  No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to, in writing, and signed by the parties hereto.  If any provisions of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties.

11.                THIS INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, GUARANTEE OR INSURANCE POLICY OF ANY KIND. There are no warranties made against roof leaks, wet basements, or mechanical breakdowns.  The Report is a professional opinion based on a visual inspection of the accessible area and features of the property as of the date and time of the inspection and not a listing of repairs to be made.  The report is not an assessment nor is it an Appraisal. The Inspector is not related to or in business with the Seller, Buyer, Contractor, Lawyer or Realtor.

12.               This report is not-transferable. The associated Report is prepared by the Inspector at the Client’s request, on Client’s behalf, and for Client’s use and benefit only. Client hereby agrees to indemnify, defend and hold harmless Inspector if, through the unauthorized distribution of this report, any third party brings claim against Inspector relating to the Inspection or Inspection report.

13.          Hold Harmless Agreement: Client agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home.

 

By Initialing here (______), you acknowledge that you were made aware that Full Disclosure Home Inspection, it’s Inspector(s) and all persons associated/employed by Full Disclosure Home Inspection are limited in liability to the fee paid for the Inspection and Report as designated at the top of this Agreement.

  

By initialing here (_______), you authorize us to distribute copies of the report to the real estate agent(s) directly involved in this transaction, names of whom must be shown where designated at the top of this Agreement, who are not designated beneficiaries of the Report, intended or otherwise.

     

___________________________________________      ________/________/_________

Signature of Client or Client’s Legal Representative                              Date Signed 

   

____________________________________ / 00000841

Signature of Authorized Inspector                           TN License #

  

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