Dwellinspect Arizona - Agreement Terms

Example of Inspection Agreement:

RESIDENTIAL INSPECTION AGREEMENT

NOTE – THIS IS A LEGAL CONTRACT THAT DETAILS THE RIGHTS AND OBLIGATIONS OF THE PARTIES. PLEASE READ ALL PAGES CAREFULLY

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES

This Agreement dated: DATE

is between: 

Client: CLIENT NAME

and

Inspector: Dwellinspect Arizona, LLC

For an inspection of the following Property: 

Common Street Address: ADDRESS

Fee: INSPECTION FEE

SCOPE OF SERVICES PROVIDED

SCOPE OF THE INSPECTION: A home inspection is a noninvasive, visual observation and operation of the accessible systems and components of real property, including buildings and other improvements. Its purpose is a) to identify conditions that, in the professional opinion of the Inspector, are significantly deficient or b) to identify systems and components that are at the end of their service lives.

The Inspection is strictly limited to the examination of readily accessible, installed systems and components of homes by using normal operating controls and opening readily operable access panels, where applicable, of the following components of the Property: structure, foundation, exterior, roof, attic, major mechanical systems (heating, air conditioning, electrical, and plumbing), built-in appliances, and interior (floors, ceilings, walls, windows, and doors). All components will be inspected pursuant to the Standards of Practice set forth for Home Inspectors as contained in the Standards of Professional Practice for Home Inspectors set by the Arizona State Board of Technical Registration, available at https://btr.az.gov/standards. This inspection is limited to only those systems or components, as set forth in these Standards of Practice, as agreed upon by the client and the inspector, or as expressly excluded in writing. Where multiple instances of the same component exist, a representative number shall be inspected. The observations of conditions are limited to those areas of the home which can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action which may result in damage to the Property or personal injury to the Inspector. Any additional services outside the list of components in this contract or in those rules must be specifically agreed to in writing between the Inspector and the Client.

The Inspector will prepare and provide the Client with a written report for the sole use and benefit of the Client. The written report shall document any deficiencies discovered in the Property’s systems and components. A deficiency is a condition that, in the reasonable judgment of the Inspector, is not functioning properly. However, the fact that a system or component is near, at, or beyond the end of its normal service life is not, in itself, a deficiency in the system or component. Company reserves the right to modify or amend the report within 48 hours of the inspection.

Nothing in the report and no opinion of the Inspector should be construed as advice to the Client to purchase, or not to purchase, the Property, or serve as a prediction of future conditions or the value of the Property. Further, any descriptions of deficiencies of the Property should not be interpreted as estimates for the costs of repairs to any system or component of the Property.

CLIENT'S DUTY: The Client understands and accepts that the Inspection and report, in accordance with this Agreement, are intended to reduce, but cannot eliminate, uncertainty regarding the condition of the Property. The Client is responsible for reviewing the permit history and for researching any legal actions or insurance claims involving the Property.

The Client agrees to read the entire written report when it is received and to promptly contact the Inspector with any questions or concerns regarding the Inspection or written report. The written report shall be the exclusive findings of the Inspector. Verbal representations not recorded within the Inspection report are not part of the Inspection.

The Client acknowledges that the Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information on the condition of the Property. Should the Inspector's report reveal any additional conditions that require further investigation or repair, the Client agrees that any further evaluation, inspection, and repair work needs to be provided by competent and qualified professionals who are licensed and/or certified to perform the work.

In the event the Client becomes aware of a reportable condition not contained in the written inspection report, the Client agrees to promptly notify the Inspector and allow the Inspector and/or the Inspector's designated representative(s) to inspect said condition(s) prior to making any repair, alteration, or replacement. If the Client fails to so notify the Inspector and fails to allow an additional inspection, then any costs of such repairs, alterations or replacements will be entirely at the Client’s cost without recourse against the Inspector.

LATENT DEFECTS: The Client agrees that the Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Property. The Client acknowledges and agrees that the Inspection and the written report will not reveal every existing deficiency and future condition affecting the Property. The Inspector is not responsible for the non-discovery of any latent defects of the Property or any problems that may occur or become evident after the date of the Inspection. Latent defects of the Property include, but are not limited to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation to, water leaks, land subsidence, or other geological problems. The Inspector is not responsible for any defects that may manifest themselves in the future, any structural failures that may occur in the future, or damages that result from future repairs.

COMPLIANCE WITH BUILDING CODES: Consistent with the scope of the Inspection, as provided in this Agreement, the Inspector will identify items that may present a health or safety issue. However, the Inspector will not provide an opinion on compliance with any particular building code.

INSURABILITY: The Client understands that the Inspection will not determine the insurability of the Property. Insurance companies have different underwriting criteria, and the Inspector cannot be expected to determine how a particular system or component may affect insurability.

ENVIRONMENTAL AND HEALTH CONDITIONS: The Client agrees that the Inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding the Property, including, but not limited to the presence of: asbestos, radon, lead, or urea-formaldehyde; wood destroying organisms, fungi, molds, mildew, feces, urine, vermin, pests, or any animal or insect; drywall that may have been manufactured with contaminated materials (including carbon disulfide, carbonyl sulfide and hydrogen sulfide), polychlorinated biphenyls (PCBs), or other toxic, reactive, combustible, or corrosive contaminants, materials; or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.

If the Client wishes to have an inspection for any specific health or environmental condition, that must be covered by a separate addendum to this Agreement.

In addition to the above limitations on the scope of services, the Inspection will not include any engineering or architectural analysis. The report will not offer any opinion about the adequacy of the structural systems and components of the Property.

RE-INSPECTION OF COMPONENTS: In the event that the Inspector is asked by the Client to re-inspect a component or condition that has been repaired, the Inspector’s scope of re-inspection will be limited to the components or conditions identified. The Inspector will not be responsible for any changed conditions in other components or conditions since the date of the original Inspection. Any re-inspection of repaired components or conditions will not determine if the repair is adequate, proper, or compliant with current building codes. Any re-inspection will only determine if visually identifiable deficiencies still exist. 

LIMITATION OF LIABILITY

THE FOLLOWING CLAUSE LIMITS THE LIABILITY OF THE INSPECTOR – PLEASE READ CAREFULLY

THE CLIENT AGREES AND UNDERSTANDS THAT THE INSPECTOR IS NOT AN INSURER AND IS NOT WARRANTING OR GUARANTEEING THE ADEQUACY, PERFORMANCE, OR LIFE EXPECTANCY OF ANY STRUCTURE, ITEM, COMPONENT, OR SYSTEM OF THE PROPERTY. THE CLIENT FURTHER AGREES THAT, IF THE INSPECTOR OR ANY OF THE INSPECTOR’S AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS, OR SHAREHOLDERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO NEGLIGENCE OR THE FAILURE TO PERFORM THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT, INCLUDING THE IMPROPER OR NEGLIGENT PERFORMANCE OF THE INSPECTION OR THE IMPROPER OR NEGLIGENT REPORTING OF CONDITIONS OF THE PROPERTY, THE INSPECTOR’S MAXIMUM LIABILITY SHALL BE LIMITED TO TWICE THE AMOUNT OF THE PAID INSPECTION FEE. THIS LIMITATION SHALL NOT APPLY TO ANY DAMAGES SPECIFICALLY ALLOWED BY STATUTE.

THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: DAMAGED PROPERTY, LOSS OF USE OF THE PROPERTY, LOST PROFITS, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, GOVERNMENTAL FINES AND CHARGES, PUNITIVE DAMAGES, ATTORNEY’S FEES, AND COURT COSTS.

AT THE CLIENT’S OPTION, A COMPREHENSIVE INSPECTION WITHOUT LIMITATION OF LIABILITY IS AVAILABLE. A COMPREHENSIVE INSPECTION INCLUDES A CONTRACTOR, ENGINEER, AND ARCHITECT REVIEWING THE PROPERTY FOR A MINIMUM FEE OF $3,500 (REQUIRES QUOTE AND ADDITIONAL SCHEDULING). A COMPREHENSIVE INSPECTION REQUIRES A SEPARATE CONTRACT.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF THE INSPECTOR IN THE PERFORMANCE OF THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT.

RESOLUTION OF DISPUTES

Any controversy or claim arising out of or relating to this Agreement shall be resolved through Small Claims Court (or similar court of limited monetary jurisdiction) in the jurisdiction applicable to this Agreement. In the event that the amount in dispute exceeds the jurisdiction of the applicable Small Claims Court, the dispute shall be settled by binding arbitration administered by Construction Dispute Resolution Services, or if unavailable, Resolute Systems, before a single arbitrator using its Commercial Arbitration Rules. The arbitrator shall have at least three years of knowledge and experience in the home inspection industry or similar knowledge and experience in construction. Each party agrees to pay its own costs of arbitration.

Any legal action or proceeding shall be brought in the County in which the Property is located.

ENFORCEMENT FEES AND COSTS

Any party failing to follow the RESOLUTION OF DISPUTES process identified above, shall be liable for all fees and costs associated with compelling or enforcing compliance with the RESOLUTION OF DISPUTES process.

 TIME TO INITIATE ACTION

Any action regarding or arising from the condition of the Property and the Inspection and/or the written report must be filed and initiated by the Client or Inspector no later than one (1) year following the date of the Inspection. Otherwise, the claim will be barred. If the matter is in arbitration, the arbitrator will be bound by the terms of this paragraph as a limitation on the arbitrator's ability to render an award in favor of the Client.

NO WARRANTIES OR GUARANTEES

The Inspection and the written report are not intended, nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance, or condition of any aspect of the Property. The Client acknowledges and agrees that the Inspector is not an insurer of any inspected or non-inspected conditions of the Property. Client agrees to assume the risk for all conditions that are concealed from view at the time of the inspection or are outside the inspection scope.

RELIANCE BY THIRD PARTIES

The Client agrees and understands that the Inspection report provided to the Client under this Agreement is solely for the Client’s exclusive use in evaluating the physical condition of the property. No representation is made by the Inspector as to the value of the Property.

If anyone other than the Client relies upon the inspection report, that person agrees to be bound by all of the terms and conditions in this Agreement.

THIRD PARTY SERVICE PROVIDER

Company may have an affiliation with a third party service provider ("TPSP") in order to offer you one value-added service with no obligation to buy. By entering into this agreement you (a) authorize the inspector to provide your contact information (including telephone number) to the TPSP, (b) waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone), and (c) authorize the TPSP to contact you (including by telephone) regarding a special home alarm system offer.

ENTIRE AGREEMENT AND SEVERABILITY OF PROVISIONS

This Agreement contains the entire Agreement between the Client and the Inspector. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered, or amended only in writing and having been signed by both the parties. Any provision of this Agreement which proves to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision of this Agreement, and all such other provisions shall remain in full force and effect.

You may not assign this Agreement. 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 for all Clients and/or intended beneficiaries. The provisions of this Agreement will be binding upon any party that takes title to the Property with the Client or claims title to the Property through the Client.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES

Inspector: Dwellinspect Arizona, LLC
Dated: DATE
State License No.: #00000-0

Example of Agreement addendums:

WDO Inspection Agreement - Addendum

WOOD-DESTROYING ORGANISM INSPECTION ADDENDUM

This Addendum is an attachment to the Residential Inspection Agreement dated DATE. All of the provisions of the Residential Inspection Agreement apply to the additional services listed in this Addendum.

SCOPE OF THE ADDITIONAL INSPECTION:

The Inspector, or its sub-contractor, will perform a visual inspection of the readily accessible areas of the Property, including attics and crawlspaces, to which they are permitted entry during the inspection. The inspection may include probing or sounding of unobstructed and accessible areas to determine the presence or absence of visual evidence of wood-destroying organisms. No inspection will be performed in areas that require the breaking apart or into, dismantling, or removal of any object, including but not limited to: moldings, floor coverings, wall coverings, siding, fixed ceilings, insulation, furniture, appliances, or personal possessions; nor will areas be inspected which are obstructed or inaccessible for physical access on the date of inspection. Crawlspaces, attics, or other areas may be deemed inaccessible if the opening to the area is not large enough to provide physical access to the Inspector or if a ladder is required for access. Crawlspaces (or portions thereof) may also be deemed inaccessible if less than 24 inches of clearance from the bottom of the floor joists to the surface below exists. Company performs termite inspections: WDIIR Inspections are provided through an agreement with ACTION Termite & Pest Control LIC #8285 actiontermitecontrol.com.

For purposes of this inspection, wood-destroying organisms include: termites, carpenter ants, carpenter bees, and re-infesting wood-boring beetles. This inspection does not include mold, mildew, or non-insect wood-destroying organisms.

The Inspector is not responsible for repairing any damage or treating any infestation at the Property. In addition, wood-destroying organisms may exist in concealed or inaccessible areas. The wood-destroying organism infestation disclosed by this inspection may not represent all of the wood-destroying organisms that may exist as of the inspection date.

In the event that the written report states that there is no visible evidence of wood-destroying organisms, the Inspector does not assume any responsibility for the presence of any wood-destroying organisms that may exist or damage that may be starting and was not visible or found at the time of the inspection. Due to the insidious habits of all wood-destroying organisms, this possible infestation or damage could spread or become visible at any time subsequent to the inspection.

FEE: The fee for the services under this Addendum is $0.00. This is in addition to our fee for the home inspection.

Pool/Spa Inspection Agreement - Addendum

POOL AND SPA INSPECTION ADDENDUM

This Addendum is an attachment to the Residential Inspection Agreement dated DATE. All of the provisions of the Residential Inspection Agreement apply to the additional services listed in this Addendum.

SCOPE OF THE ADDITIONAL INSPECTION: The Client understands and accepts that an inspection and report in accordance with this Addendum is intended to reduce, but cannot eliminate, the uncertainty regarding the condition of the pool/spa systems and components or their safe usage.

The following categories of items will be inspected according to the State of Arizona Board of Technical Registration. The Standards of Practice for inspecting Pools & Spas can be found here https://btr.az.gov/sites/default/files/2023-06/HI Pool & Spa Standards B-W.pdf

GENERAL LIMITATIONS, EXCEPTIONS, AND EXCLUSIONS TO INSPECTORS’ OBLIGATIONS:

The following are excluded from the scope of the pool/spa inspection:

Chemical analysis of water or water testing; pool houses or equipment sheds; diving or jump boards, ladders, slides, or any other recreational components; fountains, waterfalls, or any other non-essential pool/spa components or accessories; valves, air switches, jets, or pool cleaning equipment, aerators; deficiencies which fall within the scope of routine maintenance; and the inspection or review of any system displays or printouts.

The Inspector is not required to and cannot determine if pool/spa system, vessel, or components are free of leakage.

The Client understands and accepts that an inspection and report in accordance with this Addendum is intended to reduce, but cannot eliminate, the uncertainty regarding the condition of the pool/spa systems and components and their safe usage.

THE CLIENT UNDERSTANDS AND AGREES THAT there are safety risks, including the risk of death, inherent with a pool or spa. SAFETY ISSUES ARE NOT INCLUDED IN THE SCOPE OF THIS POOL/SPA INSPECTION. THE Inspector is not liable for injury or death related to the pool or spa. Furthermore, the Inspector is not liable for property damage to this property, or that of any neighboring property, due to the failure of any component of the pool or spa.

FEE: The fee for the services under this Addendum is - Pool/Spa Inspection Fee: $0.00, Free Standing Hot Tub Fee: $0.00. This is in addition to our fee for the home inspection.

Client:

Date:  

Mold Agreement - Addendum

MOLD INSPECTION ADDENDUM

This Addendum is an attachment to the Residential Inspection Agreement dated DATE. All of the provisions of the Residential Inspection Agreement apply to the additional services listed in this Addendum.

SCOPE OF THE ADDITIONAL INSPECTION: The scope of the additional inspection services in this addendum is limited to the readily accessible areas of the property and is based on the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected. Mold can exist in inaccessible areas, such as behind walls and under carpeting. Furthermore, mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold. As a courtesy, the Inspector may point out conditions that contribute to mold growth, but such comments are not part of the report.

The Inspector will prepare and provide the Client with a written report of the Inspectors’ visual observations and copies of the results of the laboratory analysis of the samples collected. The Inspector is not able to determine the extent or type of microbial contamination from visual observations alone. The written report will be issued only after the laboratory analysis is completed. The report is not intended to comply with any legal obligations to disclosure.

FEE: The fee for the services under this Addendum is - Mold Air Quality Test: $0.00, Mold Tape Lift/Surface Swab: $0.00, Additional Samples: $0.00. This is in addition to our fee for the home inspection.

Client:

Date:  

Sewer Inspection Agreement - Addendum

SEWER SCOPE INSPECTION ADDENDUM

This Addendum is an attachment to the Residential Inspection Agreement dated DATE. All of the provisions of the Residential Inspection Agreement apply to the additional services listed in this Addendum.

SCOPE OF THE ADDITIONAL INSPECTION:

The Inspector will perform an inspection of the sewer line in order to evaluate its condition and to identify areas of concern that may need further evaluation, immediate repair, or clearing of debris.

This inspection will include accessing the sewer line and inserting a camera device or scope into it to evaluate it. The inspection process will be recorded, and the Inspector will provide the Client with an electronic copy of the recording and of the inspection report.

The Inspector will prepare a written sewer scope inspection report based on the visual observations and the data collected from the inspection camera equipment. The inspection and evaluation are not intended to be technically exhaustive. This inspection does not consist of determining the design of the sewer lateral line or the plumbing system, which could pose a potential sewer backup. The sewer scope inspection is not a warranty or guarantee that the system will perform adequately in the future as conditions can change. The sewer scope inspection report will contain a summary of observations and unbiased opinions based on the experience of the Inspector. The inspection is not considered completed until the written sewer scope inspection report is delivered.

The sewer scope inspection report will outline and define the portions of the sewer line that were inspected but may not include any areas that were not inspected and the reason(s) they were not inspected. The report will also have general statements of what is commonly included and excluded during such an inspection. The client understands that access into the sewer system is not guaranteed and traversing the entire system and reaching the city sewer connection may not be possible. Not reaching the city sewer connection does not constitute an incomplete inspection. The location (use of a locator and transmitter) of the line, clean out, or identified issues are not included as part of the sewer scope unless specifically requested. If specifically requested, the client understands that there will be an additional fee for the use of the location equipment. The standards of practice for location can be found here (https://www.arizonasewerscope.com/sewer-line-location).

FEE: The fee for the services under this Addendum is - Sewer Scope Fee: $0.00, Sewer Line Location Fee: $0.00, Sewer Scope Hourly Fee: $0.00. This is in addition to our fee for the home inspection.

Client:

Date: