Home Inspection Agreement
EXCLUSIONS AND LIMITATIONS: The inspection is limited to visual observation of apparent conditions existing at the time of the inspection and is not technically exhaustive. The inspection does not include areas which are inaccessible including but not limited to: behind wall coverings, insulation, wall hangings, pictures; under furniture and rugs; below soil level; locked rooms; and areas where vegetation, snow, debris or personal items obstruct access or visibility. The inspection is not intended to provide the Client with information regarding the advisability or inadvisability of purchase of property; the market value of the property or its marketability; the compliance or non-compliance with codes, ordinances and statutes; regulatory requirements or restrictions; the suitability of the property for specialized use; the life expectancy of any component or system at the property; the causes of the need of repair; methods, materials and costs of corrections; the presence or absence of pests such as wood damaging organisms, rodents or insects, cosmetic damage, underground items, or items not permanently installed. The inspection does not include calculations of the strength, adequacy, or efficiency of any system or component; determination of the effectiveness of any system installed to control or remove suspected hazardous substances; prediction of future conditions such as failure of components; projection of operating costs of components; or evaluation of special equipment or accessories that are not listed as components to be inspected in the Standards of Practice of the New Hampshire Home Inspectors Licensure Board.
Note: The inspector will not operate any system or component that is shut down or otherwise inoperable, or one that does not respond to normal operating controls. The inspector will not operate any heating or cooling systems when weather conditions or other circumstances may cause equipment damage. The inspection does not test for lead paint, mold, asbestos or other hazardous materials / products. The inspection does not include moving of personal items or any destructive testing or dismantling.
The following items are not a part of the inspection, including but not limited to:
Pools, spas, hot tubs or equipment related to them; elevators; refrigeration units; washers and dryers; water
filtration units; security alarms; intercoms; service or equipment related to phone, cable or satellites; window treatments; oven clocks, timers or self-cleaning functions; central vacuum systems; solar systems; lightening arrestors; synthetic stucco; fencing; septic fields, septic or sewer systems, fuel tanks, well systems, spring systems or any other underground or concealed systems; detached buildings or outbuildings; or heat exchangers.
DISPUTES: Client agrees that any claim for failure to accurately report the visible discernable conditions (on the day of inspection per the State of NH Standards of Practice) at the subject property shall be in writing and reported to the inspector within 10 days of discovery including documentation detailing the inspector’s failure to comply with conditions in this agreement. Client agrees that the exclusive venue for any legal action out of this agreement shall be via mutual agreed binding arbitration in the County where I have my principal place of business. Client also agrees that the inspector will have full access to re-inspect the property before any alterations, modification or repairs are conducted. Client understands and agrees that failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
LIMIT OF LIABILITY: It is understood and agreed that should Twin Oaks Home Inspection LLC and/or its agents be found liable for any loss or damage resulting from a failure to perform any of its obligations, including but not limited to; errors or omissions, negligence, breach of agreement or otherwise, then the liability of Twin Oaks Home Inspection LLC and/or its agents shall be limited to a sum equal to three times the amount of the fee paid by the Client for the home inspection and report.
Client(s) Initials; ___________
The inspection and report are not intended to be used as a guarantee or warranty, expressed or implied and any visual problems reported or areas / items not inspected today should be further evaluated and verified with the appropriate contractor, electrician, plumber, or skilled professional for condition, cost estimates and code compliance.
Client(s) Initials; ___________
COST: The cost of the home inspection is based upon the square footage and age of the property to be inspected. Payment must be made at the time of inspection. This agreement does not include the cost for re-inspection of the property.
Street: ______________________________________________________ Unit #___________
Town: ___________________________________________________, New Hampshire
Limited Visual Home Inspection Cost $____________
Other requested services: # Basic Water / Radon / Arsenic $______________ # Radon Air Sampling $_____________
Total Costs $ _________________ (FHA/VA): Y N Report Number ____________
AGREEMENT: This document represents the entire agreement between Twin Oaks Home Inspection LLC and the Client. Twin Oaks Home Inspection LLC is not responsible for the repair, replacement, or alteration of any item within or upon the inspected property. Absolutely no warranties or guarantees are given or implied for any latent or concealed defects. Additionally, the client understands that any repairs after the inspection may reveal defects that are not accessible or reportable at the time of the inspection. Twin Oaks Home Inspection LLC is not liable for any defects or deficiencies which cannot be discovered during the limited visual inspection. Further, Twin Oaks Home Inspection LLC is not responsible for any misleading information provided by the seller or for any matter concealed or hidden from the inspector. Twin Oaks Home Inspection LLC reserves the right to make corrections for clerical or other errors in the report and report summary.
The Client acknowledges that they have read and understand the extent and limitations of the inspection and agree to all of the limitations, terms and exclusions contained within this agreement for the inspection of the property listed above.
The Client is encouraged to be present at the time of the inspection to ask questions or clarifications
Client Name _________________________________________________________________________________
Client Signature ___________________________________________________ Date____________________
Gerry Carrier ACI
Twin Oaks Home Inspection LLC