ALL-HOME INSPECTIONS
113 S. Almon St
Moscow, ID 83843
(208) 791-6015
PRE-INSPECTION AGREEMENT
Customer: Address to be inspected
Name ________________________________________ _______________________________:
Address ________________________________________ _______________________________
City ___________________ State ______ Zip ________ _______________________________
For a fee of $_____________ All-Home Inspections and Customer agree to have All-Home Inspections conduct a home inspection on _______________________, for the purpose of informing the customer of any major deficiencies in the condition of the home identified above. The inspection and report are to be performed and prepared for the sole, confidential and exclusive use and possession of the customer. The written report will include comments based on observations of the visible and accessible parts of the following only:
* Structural components and Basement
floors, windows, doors and stairs *General interior, including ceilings, walls,
*Electrical, plumbing, domestic water heating, * Attic, ventilation, and insulation (if Central heating and air conditioning safely accessible)
* Condition and general age of major systems * General exterior, including roof, gutter,
chimney, major drive and walkways,
* Kitchen and major appliances drainage and grading
AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF THE OVERALL CONDITION OF THE BUILDING. This will be a limited visual inspection of the visible, exposed elements of major components of the home, and substantial deficiencies may exit and may not be detected because of the limited nature of such an inspection. THE INSPECTION IS BASED ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION, at the time of the inspection. The inspector is not required to climb on the roof if conditions do not appear safe. The inspector does not perform invasive procedures; equipment, items and systems will not be dismantled. The inspector only uses normal operating devices. Inspection will be made to see if a component is doing its major function, not minor functions. Maintenance, cosmetics and other things may be discussed, but they are not a part of the inspection and report. The written report will be the total report and no reliance should be made on anything discussed during the inspection.
TOTALLY EXCLUDED: This is not a compliance inspection or certification for past or present governmental codes, rules or regulations of any kind. No search or check of municipal records is included. Latent, hidden and concealed defects and deficiencies are excluded from the inspection and report. No warranty or guarantee of the structure or components is made or implied by All-Home Inspections. The inspection and report do not address and are not intended to address the presence, or danger from any potentially harmful substances and environmental hazards.
Also excluded from this inspection report are swimming pools, wells, onsite and offsite sewage disposal systems, security systems, water conditioning equipment, sprinkler systems, fire sprinklers and other safety equipment. This is not an inspection for the presence or absence of rodents, termites, other wood destroying insects or organisms, animal urine or feces, but if observed may be reported… Property boundaries and land surveys are not included. Reinspections are not included and will be subject to another agreement and an added charge.
DISPUTES: No lawsuit or other type of claim of any kind arising out of or in any way relating to this agreement, the inspection or the report shall be made unless each of the following conditions is satisfied first, in order:
1. Date by which notice must be given. Written Notice of the claim must be given to All-Home Inspections on or before the 180th day after the date of the Agreement. The notice shall: (a) describe the claim including what customer believes All-Home Inspections did or failed to do, (b) why customer believes All-Home Inspections is responsible, (c) what customer believes All-Home Inspections should do about it and (d) offer to allow All-Home Inspections to inspect as required in the following paragraph. Notice shall be sent by first class mail to All-Home Inspections address as set forth in this agreement.
2. Right to Reinsert. If customer believes All-Home Inspections made a mistake, before making any repairs or alterations relating to the alleged mistake, customer shall notify All-Home Inspections and provide All-Home Inspections a reasonable opportunity to inspect the portion of the property relating to the alleged mistake.
3. Negotiation: If the dispute has not resolved as a result of the reinspection:
a. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this agreement, the inspections or the report promptly by negotiation. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include a statement of each party’s position and a summary of arguments supporting that position Within 30 days after delivery of the disputing party’s notice, both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored.
b. If the matter has not been resolved within 30 days of the disputing party’s notice, or if the parties fail to meet within 30 days, either party may initiate mediation of the controversy or claim as provided hereinafter.
c. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposed of the rules of evidence.
4. Mediation. If the dispute has not been resolved by negotiation as provided herein, the parties shall endeavor to settle the dispute by mediation under the then current commercial mediation rules of the American Arbitration Association (“AAA”) or under such other non-binding alternate dispute resolution rules to which the parties agree in writing. A single, neutral third party will be selected from the AAA panel of neutrals, with the assistance of AAA, unless the parties agree otherwise.
5. Lawsuit. If the dispute has not been resolved by mediation after one session with a neutral, and if each of the other conditions set forth in this Paragraph have been properly and fully satisfied, then either party may file a lawsuit or other type of claim provided it is filed within the time period set forth below.
6. Limitation on Damages. The purpose of this provision is to limit the amount of money damages that Customer may claim and recover from All-Home Inspections. The maximum amount of money that Customer may claim and recover is hereby limited to the greater of two times the fee paid by Customer to All-Home Inspections under this agreement or $2,000.00. This limitation applies to every type of claim or cause of action arising out of or in any way relating to this agreement, the inspection or report, including but not limited to breach of contract, negligence, negligent misrepresentation and violations of any Unfair Trade Practices Act. This limitation does not apply to any claim for vexatious litigation or similar type of claim by All-Home Inspections against Customer or Customer’s lawyer.
Acceptance and understanding of this agreement are hereby acknowledged.
_________________________________________ __________________________
Customer Date
_________________________________________ __________________________
Representing All-Home Inspections Date
