Home Inspection Agreement

Antelope Valley Home Inspectors, LLC

THIS AGREEMENT LIMITS OUR LIABILITY -PLEASE READ IT CAREFULLY

           Clients Name: ______________________________________

           The address of the property is: ____________________________________________________________________________.

           The Fee for the home inspection is _________________.

           THIS AGREEMENT made this _____________ day of _________________________________, 200_____, by and between

           ________________________________________________________________________(Hereinafter "INSPECTOR") and the undersigned (hereinafter "CLIENT"),

              collectively referred to herein as "the parties." The Parties Understand and Voluntarily Agree as follows:

  1. INSPECTOR agrees to perform a visual inspection of the home/building 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.

  2. 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 National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm. CLIENT understands that these standards contain
    certain limitations, exceptions, and exclusions.

  3. 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.

  4. 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 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. Payment of the fee to INSPECTOR is due upon completion of the on-site inspection. 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.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.