HOME INSPECTION AGREEMENT
Please feel free to copy and paste this agreement in full into a doc or email, fill in, then print or email to [email protected].
Robert C. Hornbrook Home Inspections
40 years of building industry experience in Michigan
710 S. Front St. Belding MI 48809
616-299-6555 [email protected]
www.RCHinspections.weebly.com
Home Inspection Agreement / Invoice
The terms below govern this Agreement.
This is an Agreement between you, the undersigned Client, and us, the Inspector, Michigan Structure Services LLC (MSSLLC),
pertaining to our inspection of the Property at:
1. The fee for our inspection is $_300.00_________, payable at the time of the appointment or before.
2. We will perform a visual inspection of the home/building to the absolute best of our trained and certified abilities and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.
3. Unless otherwise noted in this Agreement or not possible, MSSLLC will perform the inspection in accordance with my current Standards of Practice (SOP) posted at www.rchinspections.weebly.com. If your jurisdiction has adopted mandatory standards that differ from ours, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that our SOP contains limitations, exceptions, and exclusions. You understand that no other regulating company or jurisdiction is not a party to this Agreement, has no control over MSSLLC, and does not employ or supervise MSSLLC. The State of Michigan does not regulate or require licensing or insurance for home inspectors.
4. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will only inspect and 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.
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. LIMITATION ON LIABILITY AND DAMAGES. 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. All transactions and liabilities are final and released when the inspection report is used for purchase of the property. No refunds shall be granted after this point and time. Returns or follow ups are negotiable for fees.
7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing. This inspection is an overall visual evaluation by trained and certified inspectors.
8. 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 it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
9. 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. You agree that the exclusive venue for any legal action against Michigan Structure Services LLC itself, allegedly arising out of this Agreement or will be in Ionia County MI. Before bringing any such action, you must provide Michigan Structure Services LLC with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that MSSLLC can evaluate it. In any action against us or MSSLLC, you waive trial by jury.
10. 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.
11. 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.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14. 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 before signing this.
15. 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.
16. All aspects, items and conditions of the inspection not written up in the “ITEM REPORT NARRATIVES” sections are deemed in good or usable working condition under normal operating conditions. Any aspects, items or conditions that are deemed in less than good, poor or non working condition under normal operating conditions are written up in the report in the “ITEM REPORT NARRATIVES” sections. Items are not graded or given a performance level or life expectancy under their current, at the time of inspection condition.
17. All items inspected, noted or marked for attention are marked with an X in the report.
18. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.
The Client has carefully read all aspects of this full agreement online, at the website www.rchinspections.weebly.com, printed or other means. Client agrees to all aspects of the agreement and acknowledges receipt of a copy of this agreement by e-mail, mail or personally delivered within 5 business days of the completion of the inspection.
Robert Hornbrook
INSPECTOR PRINT CLIENT PRINT
INSPECTOR SIGN CLIENT OR REPRESENTATIVE SIGN
[email protected]
INSPECTOR E-MAIL CLIENT E-MAIL
616-299-6555
INSPECTOR PHONE NUMBER CLIENT PHONE NUMBER
© 2022 Michigan Structure Services LLC, Robert C. Hornbrook Inspections dba
Please feel free to copy and paste this agreement in full into a doc or email, fill in, then print or email to [email protected].
Robert C. Hornbrook Home Inspections
40 years of building industry experience in Michigan
710 S. Front St. Belding MI 48809
616-299-6555 [email protected]
www.RCHinspections.weebly.com
Home Inspection Agreement / Invoice
The terms below govern this Agreement.
This is an Agreement between you, the undersigned Client, and us, the Inspector, Michigan Structure Services LLC (MSSLLC),
pertaining to our inspection of the Property at:
1. The fee for our inspection is $_300.00_________, payable at the time of the appointment or before.
2. We will perform a visual inspection of the home/building to the absolute best of our trained and certified abilities and provide you with a written report identifying the defects that we (1) observed and (2) deemed material. The report is only supplementary to the seller’s disclosure.
3. Unless otherwise noted in this Agreement or not possible, MSSLLC will perform the inspection in accordance with my current Standards of Practice (SOP) posted at www.rchinspections.weebly.com. If your jurisdiction has adopted mandatory standards that differ from ours, we will perform the inspection in accordance with your jurisdiction’s standards. You understand that our SOP contains limitations, exceptions, and exclusions. You understand that no other regulating company or jurisdiction is not a party to this Agreement, has no control over MSSLLC, and does not employ or supervise MSSLLC. The State of Michigan does not regulate or require licensing or insurance for home inspectors.
4. Unless otherwise indicated in writing, we will NOT test for the presence of radon, a harmful gas. Unless otherwise indicated in writing, we will only inspect and 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.
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. LIMITATION ON LIABILITY AND DAMAGES. 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. All transactions and liabilities are final and released when the inspection report is used for purchase of the property. No refunds shall be granted after this point and time. Returns or follow ups are negotiable for fees.
7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the property is located. If we hold a valid occupational license, we may inform you of this and you may hire us to perform additional functions. Any agreement for such additional services shall be in a separate writing. This inspection is an overall visual evaluation by trained and certified inspectors.
8. 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 it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
9. 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. You agree that the exclusive venue for any legal action against Michigan Structure Services LLC itself, allegedly arising out of this Agreement or will be in Ionia County MI. Before bringing any such action, you must provide Michigan Structure Services LLC with 30 days’ written notice of the nature of the claim, in sufficient detail and with sufficient supporting documents that MSSLLC can evaluate it. In any action against us or MSSLLC, you waive trial by jury.
10. 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.
11. 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.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14. 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 before signing this.
15. 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.
16. All aspects, items and conditions of the inspection not written up in the “ITEM REPORT NARRATIVES” sections are deemed in good or usable working condition under normal operating conditions. Any aspects, items or conditions that are deemed in less than good, poor or non working condition under normal operating conditions are written up in the report in the “ITEM REPORT NARRATIVES” sections. Items are not graded or given a performance level or life expectancy under their current, at the time of inspection condition.
17. All items inspected, noted or marked for attention are marked with an X in the report.
18. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.
The Client has carefully read all aspects of this full agreement online, at the website www.rchinspections.weebly.com, printed or other means. Client agrees to all aspects of the agreement and acknowledges receipt of a copy of this agreement by e-mail, mail or personally delivered within 5 business days of the completion of the inspection.
Robert Hornbrook
INSPECTOR PRINT CLIENT PRINT
INSPECTOR SIGN CLIENT OR REPRESENTATIVE SIGN
[email protected]
INSPECTOR E-MAIL CLIENT E-MAIL
616-299-6555
INSPECTOR PHONE NUMBER CLIENT PHONE NUMBER
© 2022 Michigan Structure Services LLC, Robert C. Hornbrook Inspections dba
Thank you very much for your understanding, patience and for visiting this web site!
Mold Inspection: The mold inspection is a visual and smell limited inspection not using equipment, not taking of samplings, not accessing non accessible areas and not visually inspecting non visual or inaccessible areas.
Carbon Monoxide / Gas Detection: Using a portable electronic detector only during the time of inspection and only in accessible areas of the interior of the property focused on gas ignited mechanical equipment or appliances and natural and propane unignited gases or gas leaks.