HOME INSPECTION AGREEMENT
by and between Bob Builder Home Inspections NYS Lic.#16000016805(Division of Bob Builder Enterprises, Inc.) (hereinafter
“INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.” The
Parties Understand and Voluntarily Agree as follows:
INSPECTOR agrees to perform a visual inspection of the home/building identified at the above address 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. The client hereby represents and
warrants that all approvals necessary have been secured for the INSPECTOR'S entrance to the property.
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 International Association of Certified Home Inspectors.
Although INSPECTOR agrees to follow InterNACHI's Standards of Practice, CLIENT understands that these
standards contain certain limitations, exceptions, and exclusions. CLIENT also understands that InterNACHI is not
a party to this Agreement and that InterNACHI has no control over INSPECTOR or representations made by
INSPECTOR and does not supervise INSPECTOR. Unless otherwise indicated below, CLIENT understands that
INSPECTOR will NOT be testing for the presence of Radon - a colorless, odorless, radioactive gas that may be
harmful to humans. The U.S Environmental Protection Agency (EPA) and Surgeon General recommend ALL
homebuyers have an INDOOR RADON test conducted. Radon is a Class-A carcinogen and the 2nd leading cause
of lung cancer estimated to cause 21,000 deaths in the U.S. annually. All counties in New York State rank as
either "Highest Radon Potential" or "Moderate Radon Potential" according to the EPA Map of Radon Zones. Unless
otherwise indicated below, CLIENT understands that INSPECTOR will NOT be testing for mold. Unless otherwise
indicated below, CLIENT understands that INSPECTOR will not test for compliance with applicable building codes
or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil
contamination, and other environmental hazards or violations.
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 to the fullest extent allowed by law. If any structure or portion of any structure that
is to be inspected pursuant to this Agreement, is a log home, log structure or similar log construction, CLIENT
understands that such structures have unique characteristics that make it impossible for an inspector to inspect
and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed
pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or
similar defects that are not visible by an exterior visual inspection.
The Written Report to be prepared by the INSPECTOR shall be considered the final exclusive findings of the
INSPECTOR for the structure. Client understands and agrees they will NOT rely on any oral statements made by
the INSPECTOR prior to the issuance of the Written Report. Client further understands and agrees the
INSPECTOR reserves the right to modify the INSPECTION REPORT for a period of time that shall NOT exceed forty
eight (48) hours after the Written Report has first been delivered to the client.
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.
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:
This Inspection Company performs Water Quality Analysis when requested by the client. The client is to
understand that the Inspection Company obtains the Water Samples, but the Quality Water Analysis Testing is
performed by a NYS NELAP Certified Lab (Sub-Contractor). The Inspection Company DOES NOT take part in ANY
of the Lab Testing responsibilities.
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. The INSPECTOR is NOT liable for ANY claim presented more than 6 months AFTER the DATE of the
Inspection.
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. CLIENT further understands that any legal action
against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR's relationship with InterNACHI
must be brought only in the District Court of Boulder County, Colorado.
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.
The INSPECTOR requires an INSPECTION AGREEMENT to be signed by the client PRIOR to he/she performing the
inspection. The client understands and agrees that if they are NOT PRESENT at the time of inspection and/or DO
NOT SIGN this agreement that this agreement will form a part of the INSPECTION REPORT and shall act as
acceptance of the INSPECTION REPORT by the client and payment therefore will constitute acceptance of the
terms and conditions of this agreement. ( CLARIFICATION: "If you, the client, is not present at the inspection
and/or did NOT sign this agreement, you, by accepting, paying for and/or using the WRITTEN REPORT, you
acknowledge and agree to be bound by the terms and conditions of this Inspection agreement and further agree
that the agreement will form part of the WRITTEN REPORT.")
Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site
inspection if not paid prior using an online payment option. 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.
Paragraph SP1 -THE FOLLOWING IS ONLY FOR SPECIAL CIRCUMSTANCES AND THE INSPECTION FEE MAY
INCLUDE ADDITIONAL CHARGES. THIS PARAGRAPH ONLY APPLIES IF ALLOWED BY Bob Builder Home
Inspections NYS Lic.#16000016805 (This WILL BE NOTED: ) : (The parties agree that all sums owed to
INSPECTOR will be paid to INSPECTOR at the closing on the subject property. CLIENT specifically and irrevocably
authorizes and instructs the title company or closing agent to pay INSPECTOR all sums owed to INSPECTOR at
the closing on the property, and CLIENT further agrees to indemnify, release, and hold harmless the title
company or closing agent, their employees and agents, from any liability or claims allegedly arising out of any
such distribution to INSPECTOR at closing. An invoice submitted by INSPECTOR to the title company or closing
agent shall be sufficient to establish the amount to be paid to INSPECTOR at closing.)
ADDITIONAL TERMS:
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.
If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in
this agreement.
This Agreement is not transferable or assignable.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A
COPY OF THIS AGREEMENT.
THIS AGREEMENT made this: