Washington State Standard Home Inspection Pre-Inspection Agreement
FOR A STANDARD HOME INSPECTION OF A RESIDENCE WITH FOUR OR FEWER DWELLING UNITS
This Pre-Inspection Agreement (the "Agreement") is made this _______ between _______ (the "Client") and _______ (the "Inspector") for a Standard Home Inspection of the residence located at _______ (the "Residence"). The Standard Home Inspection shall be performed on _______. Start time is _______ and inspection fee is $_______, due by the completion of the inspection.
1. The purpose of a home inspection is to assess the condition of the Residence at the time of the inspection using visual observations, simple tools, and normal homeowner operational control, and to report deficiencies of specific systems and components. Unless specifically excluded below, a Washington State Licensed Home Inspector is responsible for performing a visual and noninvasive inspection of the readily accessible systems and components of a home as identified and described in Washington Administrative Code ("WAC") sections 308-408C-070 through -180 (EXHIBIT A to this Agreement), to the extent such systems and components exist at the Residence. Such components and systems include the roof, foundation, exterior, heating system, air-conditioning system, structure, plumbing and electrical systems, and other aspects of the home as may be identified in WAC 308-408C-070 through -180 (EXHIBIT A to this Agreement), to the extent such systems and components exist at the Residence.
2. The Inspector shall prepare a written report of the general condition of those systems and components as they appear at the time of the inspection. The inspection report is a written opinion of what was visible and evident at the time of the inspection. The report is not a listing of repairs to be made and is not intended for use as a guide in re-negotiating or making a determination about a real estate transaction. Items that are not listed in the inspection report were not inspected and are not included under the scope of the inspection service provided. A home inspection is not technically exhaustive and does not identify concealed conditions or latent defects. The Inspector is acting as a licensed home inspector and is not acting as a licensed engineer or expert in any specific craft or trade. If the Inspector recommends consulting other specialized experts, the Client should do so and such consultation will be at the Client's expense. Not all conditions are apparent at the time of inspection, and the written report is not a substitute for any seller disclosure statement as may be required by law. Inclusion of additional items to be inspected or items to be deleted from the inspection may be negotiated and/or mutually agreed upon by the Client and the Inspection Firm as indicated in an addendum to this Agreement. An additional fee may be assessed.
3. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. 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. If any structure you want us to inspect is a log structure or includes log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
4. We will NOT identify wood destroying organisms. Pursuant to RCW 18.280.190, a licensed home inspector who is not also licensed as a pest inspector under chapter 15.58 RCW shall only refer in his or her report to rot or conducive conditions for wood destroying organisms and shall refer the identification of or damage by wood destroying insects to a structural pest inspector licensed under chapter 15.58 RCW.
5. 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 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.
6. 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.
7. 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; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
8. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney's fees incurred in defending that claim. In any action against us, you waive trial by jury.
9. 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.
10. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorney's fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
11. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement along with additional fees.
12. You may not assign this Agreement.
13. 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 prior to signing this.
14. 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.
15. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.