All home inspections will require an Agreement to our Terms & Conditions as set forth below:
Home Inspection Agreement
Revised November 2020
This is an Agreement between you, the undersigned Client, and us, the Inspector of Homeworks Design, Build, Inspect, Inc., pertaining to our inspection of the Property at: YOUR SITE ADDRESS. The terms below govern this Agreement.
1. The fee for our inspection is $______, payable in full prior to release of the report.
2. We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.
3. Typically your realtor will receive a copy of the inspection report. If you do not want your realtor to receive a copy of your inspection report you will need to email us prior to the home inspection with this request.
4. We do NOT recommend sending the home inspection report to your insurance agent or other third parties. If you have ordered a wind mitigation and or 4 point and your insurance agent is requesting them, then those are the only documents from us that should be sent to your insurance agent. ONLY the wind mitigation and or 4 point PDF documents should be sent to your insurance agent.
5. Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (“InterNACHI”). You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You understand that InterNACHI is not party to this Agreement, has no control over us, and does not employ or supervise us.
6. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees, contractors, and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
7. Communications: Reports will be sent digitally through email. Printed copies of your inspection report are not included under this fee. Text messages and emails may be sent to you or your realtor as a means to update you on your inspection. More information can be found in our Privacy Policy at homeworksdbi.com/privacy-policy.
8. Unless otherwise indicated in writing, we will not test for the presence of radon. Unless otherwise indicated in writing, we will not test for mold. Unless otherwise indicated in writing, we will not test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations.
9. There are exclusions within this visual home inspection. Some areas not inspected including but not limited to Docks & seawalls, generators, elevators, home automation systems, home audio visual equipment / systems, alarms, low voltage systems, exterior lighting, wells, septic systems, water quality, air quality, presence of toxic “Chinese” drywall, presence of rodents insects and or signs of rodent and or insect activity, shower pans, gas features fire pits etc, lanterns, gas logs, central vacuums, trash compactors, ice makers, hurricane shutters, window coverings, etc.
10. During this inspection there will be no “Destructive testing”. We do not remove any flooring, soffits, facia, roof covering materials, cut or bore holes, drill into any wall, ceiling, flooring, ductwork etc. We do not dismantle any equipment including but not limited to HVAC equipment, appliances, electrical equipment, etc. We do not break seals on any panel or access hatch.
11. There are systems that are not readily accessible or visually observable for inspection. Including but not limited to any systems concealed inside walls, floors, ceilings, slabs, insulation, etc. Any system in areas of attics and crawlspaces deemed “not readily accessible” by the inspector. Insulation will not be disturbed,and or moved during this inspection. Furniture and or personal belongings present during the inspection can limit accessibility. Furniture and personal belongs will not be moved during this home inspection.
12. This inspection does not include any type of engineering or structural analysis, including but not limited to soil subsidence, sinkhole activity, geological issues, soil composition, soil compaction, under foundation tree root issues, etc. Most foundations are under ground and not readily accessible or visually observable for inspection.
13. Limitation on liability and damages. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
14. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability. In any action against us you waive trial by jury.
15. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
16. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
17. You may not assign this Agreement.
18. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
19. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.
__ (Check box & Submit button will appear next to Customer name.)