Authorization for Home Inspection Services

MAKE SURE TO ADD YOUR OWN CONTRACT HERE!!!

Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

For the inspection to be complete, all utilities must be on in the home and all appliances turned on and functioning. The inspection is that of a generalist, and has clearly defined limitations. It is performed on-site within a few hours, and does not include any warranty or guaranty. By contrast, specialist inspections take considerably longer, typically include the use of specialized instruments, could involve sampling or destructive testing, and commonly include some form of guaranty.

Specialized inspections are essential to evaluate soil conditions, determine structural movement, establish the quality of air and water, or reveal the presence of harmful environmental contaminants such as contaminated or toxic drywall, radon, methane, asbestos, lead, formaldehyde, electro-magnetic radiation, molds and fungi, and other wood-destroying organisms, insects, rodents, animal or pest infestations, all of which are beyond the scope and not included in a generalist inspection. Therefore, please be aware of the limitations of a generalist inspection: It is not a termite inspection, which may be mandated as a condition of sale and performed by state-licensed specialists.

Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current State of Tennessee Standards of Practice. Although INSPECTOR agrees to follow Tennessee’s Standards of Practice, CLIENT understands that these standards contain certain limitations, exceptions, and exclusions. CLIENT understands that many items are not included in the inspection, and the Client assumes all responsibility and risk for those items. Any comments (either oral or in writing) provided as a courtesy by the inspector relating to items not included in the inspection are to be considered partial and incomplete, and not an opinion of the inspector. The Client agrees to consult with independent experts or contractors for more detailed information where needed in determining cost of cure or estimates for repairs.

If thermal imaging is used with your inspection signing the agreement acknowledges you understand the thermal cameral is only another tool to help the inspector diagnose problems. It relies on temperature differences and it’s not an x-ray camera and will not find all hidden defects. Time of day, temperature, and environment all play a factor in the ability to use the camera to aid in diagnosis. All findings are generally combined with other tools to come to a conclusion of any defect found. Not all defects will be found with this equipment.

Any other services provided are not part of the home inspection. They will be a separate entity or inspection and will come with their own agreement or information regarding what was performed. In many cases all services will be issues in one receipt but does not mean the service was part of the home inspection, only that it has been documented for your purposes.

The following items are not included in the inspection:
• Components not normally visible, obstructed from view, or not readily accessible at the time of the inspection. This also includes any areas of the home that were concealed to hide defects or issues. If the defect or damage could not be fully and visibly seen during the inspection period then the inspector cannot be held liable for damages.
• Systems and components will not be disassembled and will only be operated with normal user controls.
• Systems that are shut off or de-energized. This includes electrical breakers and gas components.
• The suitability, efficiency or recall of any component. Components will only be inspected for functional operation.
• Any appliance that is not permanently attached to the cabinets or kitchen hardware.
• No engineering or structural evaluations will be performed.
• Compliance or non-compliance with any governing codes, laws or restrictive covenants, past or present. We do not search public records.
• Cosmetic items such as paint, other finish treatments, floor coverings, minor cracks and window treatments.
• The inspection does not evaluate or endorse the following specific components: computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable or intercom systems, private sewage systems, private water supply systems, water softeners, water circulating devices, water filtration or purification devices, under-sink instant water heaters, automatic sprinklers, the hermetic seal of dual-glazed windows or skylights, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use, elevators, funiculars or similar mechanical means of transport, saunas, steam showers, humidifiers, electronic air cleaners, in-line duct-motors or dampers, washers and dryers, their wall mounted valves and drain pipes, condensate pumps, thermostats, timers, clocks, rotisseries, refrigerators, portable or free-standing appliances, retaining walls, landscaping or landscape items, including decorative and low-voltage lighting, portable spas, fountains and ponds, barbecues, fire-pits, pool-sweep assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, countertops, fixtures, appliances, decks and walkways.
• Although a reasonable effort will be made to examine the inside of the furnace, most of the heat exchanger is not accessible without disassembly. This is not a complete evaluation of the heat exchanger.
• No report is made on property value, insurability, survey, geologic stability, soil or groundwater conditions, suitability for any use, or the advisability or inadvisability of purchase of the property.
• Moisture staining and structural cracks are indications of prior conditions. We cannot determine whether the conditions causing stains and cracks have been corrected or are still present.
• Neither the inspection nor the reports are substitutes for any real estate transfer disclosures by the seller that may be required by law.
• The inspection is only to identify the condition of the property, and does not provide methods to repair or cost estimates. Any further inspections or estimates should be done within the inspection contingency period.
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 to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected pursuant to this Agreement is a log home, log structure or similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them by an exterior visual inspection. Therefore, the scope of the inspection to be performed pursuant to this Agreement does not include decay of the interior of logs in log walls, log foundations or roofs or similar defects that are not visible by an exterior visual inspection.
INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. 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 (i) 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. No Warranty & Limitation of Liability The inspection is intended to reduce risk, but cannot eliminate risk. The Client acknowledges that Fogarty Inspection Services will not observe every square inch of the structure, and that Fogarty Inspection Services could fail to see or note a defect, and that defects may exist that cannot be detected by visual inspection only. The inspection and report DO NOT CONSTITUTE A WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED. Fogarty Inspection Services and its employees or agents shall not be held liable for the cost of repairing any defects or deficiencies, whether present at the time of the inspection or arising in the future, or for any consequential property damage or bodily injury of any nature. The inspection does not determine whether the property is insurable. If the Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family. 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. This amount shall be deemed liquidated damages, and the Client agrees to immediately accept a refund of the Fee as a full settlement of any and all claims which may ever arise from the inspection. In the event the Client would like the limitation of liability removed, the Client may elect to enter into a separate agreement with Fogarty Home Inspection Services providing for a more exhaustive inspection of the home by a team of experts contracted by Fogarty Home Inspection Services. The cost for said inspection shall be determined by Fogarty Home Inspection Services in the separate agreement, based on factors such as the age and size of the home, and the risks and costs associated with such inspection.
The inspection and report are confidential, and are made for the sole use and benefit of the Client. No other party has the right to rely on the inspection and report for any reason, including, but not limited to, any seller or real estate agent. Client will not disclose any part of the report to any other party, including insurance company, home warranty company or Title Company. In the event Client does distribute the report to third parties, the Client accepts full and complete responsibility for the consequences of distributing the report to such third parties.
The Client agrees to indemnify, defend, and hold harmless Fogarty Home Inspection Services and its inspectors, employees and agents for all costs, expenses and legal fees incurred from any claims by other parties in connection with this inspection. The undersigned acknowledges that they have read this agreement, fully understand the agreement, agree to be bound by the agreement, including the terms, conditions and limitations described above, and have received a copy of the agreement if they requested one.
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. A one year limitation is agreed upon after the inspection and the CLIENT acknowledges that the INSPECTOR cannot be held accountable or liable for any damages of the dated agreement after one year.
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.
Payment of the fee to INSPECTOR (less any deposit noted above) 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.
The parties agree that all sums owed to INSPECTOR will be paid at time of the inspection. No exceptions are made. If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.
Any and all future inspections or services performed are also bound by this agreement.
This Agreement is not transferable or assignable.

I have read and understand the terms and conditions of this contract as set forth on the front of this form. I fully understand that if there is no signature on the line below, this inspection report shall be null and void.

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