Authorization for Home Inspection Services

CONFIDENTIAL PROPERTY INSPECTION CONTRACT
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 State of Washington. The Standards of Practice are available on line through www.dol.wa.gov/business/homeinspectors/
This “inspection report” is confidential and the sole possession of the client.
All warranties or representations are made and limited to “client” only and cannot be used, relied upon or considered by anyone
else without the expressed written permission of the inspector and client.

SCOPE OF THE GENERAL INSPECTION:
Client understands that this home inspection is a “non-invasive inspection/physical examination”of the home as it appeared on the
day of this inspection. 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 material defects in the systems,
structures, and components of the above-referenced home and its associated primary structure . A material defect is a condition that
significantly affects the value, desirability, habitability or safety of the building. Style or aesthetics shall not be considered in
determining whether a specific system, structure, or component is defective.

LIMITATIONS, EXCEPTIONS AND EXCLUSIONS:
There are limitations, exceptions and exclusions contained within the Standards of Practice for the inspection of this home. These limitations, exceptions and exclusions may include any system, structure, or component of the building which is inaccessible, concealed from view, or cannot be inspected due to circumstances beyond the control of inspector, or which client has agreed is not to be inspected. The following are excluded from the scope of this real estate inspection unless specifically agreed in writing and otherwise between inspector and client for an additional fee which shall also be set forth in writing:

A. Formulating an opinion as to compliance with manufacturer’s specifications and/or installation guidelines, manufacturers’ specifications, building codes, ordinances, regulations, covenants or any and all restrictions running with the land;
B. Obtaining, reviewing or formulating an opinion as to permits, governmental limitations, Building & Safety (documents, conditions, or “controlled area), districts specially designated for its geological properties (examples include but are not limited to flood control, gas-methane district, etc.), contractors plans/drawings, legal or real estate documents/limitations, etc.;
C. Geotechnical, engineering, structural, architectural, geological, hydrological, land surveying geological or regionally specified zones or soils-related examinations;
D. Examination of conditions related to animals, rodents, insects, wood-destroying insects, organisms, mold, fungus, and mildew, water intrusion (or its origin), toxic substances (lead, asbestos, etc.), environmental hazards/conditions, floods or damage resulting therefrom;
E. Adequacy, efficiency, durability, or remaining useful life, costs to repair, replace or operate, fair market value, marketability, quality, or advisability of purchase of the property or any component therein;
F. Dismantling of any system, structure, or component, or perform any intrusive or destructive examination, test or analysis;
G. Examining or evaluating fire-resistive qualities of any system, structure, component of the building or security systems/protection;
H. Systems, structures, or components, of the building which may or may not be permanently installed, including security bars, locks, security devices, alarms, or related security devices, etc.;
I. Systems, structures, or components not specifically identified in the written inspection report;
J. Common areas, or systems, structures, or components thereof, including, but not limited to, those of a common interest development as defined under the laws of the State of Washington;
K. Examining or evaluating the acoustical or other nuisance characteristics of any system, structure, or component of a building, complex, adjoining properties, or neighborhood;
L. Operating or evaluating low voltage electrical, antennas, security systems, cable or satellite television, telephone, remote controls, radio controls, timers, intercoms, computers, photo-electric, motion sensing, garden/outdoor lighting, or other such similar non-primary electrical power devices, components, or systems;
M Fountains and water systems of all designs and structure are not included in this inspection;
N. Your home inspector has not been retained to and will not determine property lines, boundaries, fences, hedges, walls, and other natural or constructed barriers for their “accuracy or correctness. If the client should have any concerns as to “property boundaries” a licensed surveyor should be retained by the client to investigate this issue.

WOOD DESTROYING ORGANISMS INSPECTION: This inspection DOES include a WSDA Wood Destroying Organisms Inspection Report. I have read and agree to the Limitations, Exceptions & Exclusions Inspections set forth herein. I/we, the client, do voluntarily elect to accept the general inspection.

RECITALS
Unless otherwise stated it is understood that this home inspector is to perform a general home inspection as a generalist and is not acting as an expert in any craft or trade. The inspection report may contain recommendations for further evaluation by a specialist in a particular trade. If a recommendation is made by the inspector to a specialist the client understands that it is the responsibility of the client to contact, retain at their own expense and understand the findings of said experts before the close of escrow. Upon the tendering of the home inspection report the home inspector is no longer following the progress or closure of this property. This applies to a general inspection only.

REAL ESTATE DISCLOSURE: This report is not a substitute for the disclosures (seller and agents) as required by the State of Washington, nor is it a substitute for the real estate disclosure statement. Please consult with your professional Realtor as to any questions you may have on any real estate document. The understanding or implications of what may or may not be contained in a real estate document is outside the scope of this inspection agreement.

CONFIDENTIALITY: This real estate inspection report is confidential. By initialing herein you are authorizing this inspector to release this confidential report to your realtor. The client hereby agrees in authorizing the tender of this report to the realtor said client will indemnify, defend and hold harmless the inspector from any action or cause of action that may be brought against said inspector due to the tender of this report to persons other then the client.

SEVERABILITY: 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 holding.

MEDIATION: The parties to this agreement agree that this mediation clause is a material part of this home inspection contract. The client is under an affirmative duty to advise the home inspector immediately upon discovering any defect that was not disclosed during the escrow. Notice of same must be sent return receipt request. The home inspector has the right to inspect said “alleged” defect before any notice of mediation is given. If resolution of same is not possible and the client believes the home inspector is culpable the client must prepare and send return receipt request a notice and demand for mediation allowing the home inspector 30 days to respond before instituting litigation whether in the form of a law suit or demand for binding arbitration. If the client fails to perform said required acts the client forfeits any right to prevailing party contractual attorney fees.

BINDING ARBITRATION: Any dispute concerning the interpretation of this agreement or arising from this inspection and report shall be resolved between the parties by voluntarily submitting this matter to binding arbitration conducted in accordance with the rules of Superior Court Arbitration program of each county. The arbitrator must be knowledgeable of the Standards of Practice of the home inspection industry at the time of the appointment. By agreement herein, no settlement in favor of the client shall exceed $500.00 or the inspection fee, whichever is greater.

APPLICATION OF WASHINGTON STATE LAW: The parties hereto shall be entitled to all discovery rights and legal motions as provided in the Rules of Civil Procedure for the State of Washington. The arbitrator shall follow the law of the State of Washington for all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final, and a judgment may be entered on it by any court having jurisdiction.

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

PRESUMPTION: 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 presumed that no act of negligence or in breach of contract has arisen. Time is expressly of the essence herein. This time period is shorter than otherwise provided by law.
This agreement shall be binding upon and insure to the benefit of the parties hereto and their heirs, successors and assigns.

COMPANY RELATIONSHIPS/THIRD PARTY PROVIDERS: Certified Home & Commercial Inspections, LLC
may have an affiliation with third-party service providers ("TPSP") in order to offer value-added services to it's clients. The company may also arrange for these TPSP's to send literature or make post-inspection contact with the company's clients.

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 $
Payment is DUE at the time of the inspection.

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.

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Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

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.

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

Your computers IP Address.

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The signee's signature.

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