Pre-Inspection Agreement

BuildingMaster Inspections
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Pre- Inspection Agreement

This AGREEMENT made this _______ day of___________Month______________, 2014, by and between BuildingMaster Inspections (hereinafter “INSPECTOR”) and the undersigned (“CLIENT”), collectively referred to herein as the PARTIES. Inspection Fee: Single family, $XXX.xx .   Fee is payable at time of inspection.
The address of the property is: 12345 Denny Way, Seattle, WA 98201

The PARTIES understand and voluntarily agree as follows:
• INSPECTOR agrees to perform a standard visual and non-invasive inspection of the readily accessible systems and components of the home/building as outlined in and accordance with the Washington State Standards of Practice (SOP) per WAC 308-408C, and to provide CLIENT with a written report on the general condition of those systems and components at the time of the inspection, that identify the defects that INSPECTOR both observed and deemed material. CLIENT understands the inspection and report is an unbiased opinion of the systems in the property. INSPECTOR may offer comments outside of the scope of the SOP as a courtesy, but these comments will not comprise the bargained-for report. The report is supplementary to the seller’s disclosure form in Washington. It is recommended the CLIENT read the SOP.
• The report includes the general conditions of the systems and components of the property at the time of inspection and include: the roof, foundation, exterior, heating system, air-conditioning system, structure, plumbing, and electrical systems. The report will also include inspections for certain fire and safety hazards as defined by law. CLIENT understands that if significant fire or immediate safety hazards are found, INSPECTOR has an obligation to inform the seller for corrective action, or take other action as deemed appropriate.
• An inspection is not technically exhaustive and does not identify concealed conditions or latent defects. Although INSPECTOR agrees to follow the SOPs, CLIENT understands these standards contain limitations, exceptions, and exclusions per WAC 308-408C. Unless otherwise indicated in a separate writing, CLIENT understands that INSPECTOR will NOT be testing for: compliance with applicable building codes or the Americans with Disabilities Act, dangers arising from radon gas, asbestos, lead paint, formaldehyde, molds, electromagnetic fields, soil or water contamination, sewer performance, underground storage tanks, PCBs, wood destroying organisms, air quality or other environmental hazards unless agreed to in writing in the pre-inspection agreement.
• INSPECTOR does not perform engineering, architectural, plumbing, electrical, 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 the INSPECTOR may inform the CLIENT that he/she is so licensed, and for additional fee, can perform additional inspections beyond those within the scope of the standard home inspection. Any agreement for such additional inspections shall be in a separate writing.
• The inspection and report are for the private use of the CLIENT. CLIENT is offered additional copies of the report for distribution to their agent. CLIENT gives the INSPECTOR permission to discuss observations from the inspection and report with real estate agents, owners, repairpersons, and other interested parties in this transaction. This report is confidential and is not to be copied or disseminated to any other party without the expressed written consent of the INSPECTOR.
• INSPECTOR’S inspection and the 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. INSPECTOR accepts no responsibility 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 INSPECTOR, its agents, employees, and/or associates from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this AGREEMENT.
• 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 collection 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.
• 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. This AGREEMENT shall be binding upon and enforceable by the PARTIES and their heirs, successors, executors, and representatives. This AGREEMENT is not transferable or assignable. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
• If CLIENT requests a re-inspection, the re-inspection is subject to an additional fee and to all the terms and conditions set forth in this agreement.

Limitations of Liability
• Per Washington State WAC 308-408C, CLIENT understands this inspection is not technically exhaustive and does not identify concealed conditions or latent defects. 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, and/or associates, for claims or damages, costs of defense or suit, attorney’s fees and expenses 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 for this report. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building as CLIENT has been advised of the possibility of such damages.

Dispute Resolution
• 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 within 14 days after the notification. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.
• The PARTIES agree that unresolved disputes, except for non-payment of fees, shall proceed to binding arbitration conducted in accordance with the rules of the American Arbitration Association. Both PARTIES shall select an arbitrator who is familiar with the real estate inspection profession. 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 any action against INSPECTOR, agents, employees and/or associates, CLIENT waives trial by jury and agrees to arbitration. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law or arbitration, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. Should any provision of this AGREEMENT require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it. If any court or arbitration declares any provision of this AGREEMENT invalid, the remaining provisions will remain in effect.

CLIENT HAS CAREFULLY READ THE FOREGOING, UNDERSTANDS AND AGREES TO IT, AND ACKNOWLEDGES THEY HAVE READ THE SOPs IDENTIFIED ABOVE, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

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