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(CREIA) CALIFORNIA REAL
ESTATE INSPECTION
ASSOCIATION
STANDARD RESIDENTIAL
INSPECTION AGREEMENT
THIS IS INTENDED TO BE A
LEGALLY BINDING
CONTRACT,PLEASE READ IT
CAREFULLY
SCOPE
OF THE INSPECTION:
The real estate
inspection to be
performed for
Client is a survey and
basic operation of the
systems and components
of a building
which can be reached,
entered, or viewed
without difficulty,
moving obstructions, or
requiring any action
which may result in
damage to the property
or personal injury to
the Inspector. The
purpose of the
inspection is to provide
the Client with
information regarding
the general condition of
the building(s).
Inspector will prepare
and provide Client a
written report for the
sole use and benefit of
Client. The written
report shall document
any material defects
discovered in the
building’s systems and
components which, in the
opinion of the
Inspector, are safety
hazards, are not
functioning properly, or
appear to be at the ends
of their service lives.
The inspection shall be
performed in accordance
with the Standards of
Practice of the
California Real Estate
Inspection Association (CREIASM),
attached hereto and
incorporated herein by
reference, and is
limited to those items
specified herein.
CLIENT’S DUTY:
Client agrees to read
the entire written
report when it is
received and promptly
call Inspector with any
questions or concerns
regarding the inspection
or the written report.
The written report shall
be the final and
exclusive findings of
Inspector.
Client acknowledges that
Inspector is a
generalist and that
further investigation of
a reported condition by
an appropriate
specialist may provide
additional information
which can affect
Client’s purchase
decision. Client agrees
to obtain further
evaluation of reported
conditions before
removing any
investigation
contingency and prior to
the close of the
transaction.
In the event Client
becomes aware of a
reportable condition
which was not reported
by Inspector, Client
agrees to promptly
notify Inspector and
allow Inspector and/or
Inspector’s designated
representative(s) to
inspect said condition(s)
prior to making any
repair, alteration, or
replacement. Client
agrees that any failure
to so notify Inspector
and allow inspection is
a material breach of
this Agreement.
ENVIRONMENTAL
CONDITIONS:
Client agrees what is
being contracted for is
a building inspection
and not an environmental
evaluation. The
inspection is not
intended to detect,
identify, or disclose
any health or
environmental conditions
regarding this building
or property, including,
but not limited to: the
presence of asbestos,
radon, lead,
urea-formaldehyde,
fungi, molds, mildew,
PCBs, or other toxic,
reactive, combustible,
or corrosive
contaminants, materials,
or substances in the
water, air, soil, or
building materials. The
Inspector is not liable
for injury, health
risks, or damage caused
or contributed to by
these conditions.
GENERAL PROVISIONS:
The written report is
not a substitute for any
transferor’s or agent’s
disclosure that may be
required by law, or a
substitute for Client’s
independent duty to
reasonably evaluate the
property prior to the
close of the
transaction. This
inspection Agreement,
the real estate
inspection, and the
written report do not
constitute a home
warranty, guarantee, or
insurance policy of any
kind whatsoever.
No legal action or
proceeding of any kind,
including those sounding
in tort or
contract, can be
commenced against
Inspector/Inspection
Company or its officers,
agents, or employees
more than one year from
the date Client
discovers, or
through the exercise of
reasonable diligence
should have discovered,
the cause of
action. In no event
shall the time for
commencement of a legal
action or proceeding
exceed two years from
the date of the subject
inspection.
THIS TIME PERIOD IS
SHORTER THAN OTHERWISE
PROVIDED BY LAW.
This Agreement shall be
binding upon and inure
to the benefit of the
parties hereto and their
heirs, successors, and
assigns.
This Agreement
constitutes the entire
integrated agreement
between the parties
hereto pertaining to the
subject matter hereof
and may be modified only
by a written agreement
signed by all of the
parties hereto. No oral
agreements,
understandings, or
representations shall
change, modify, or amend
any part of this
Agreement.
Each party signing this
Agreement warrants and
represents that he/she
has the full capacity
and authority to execute
this Agreement on behalf
of the named party. If
this Agreement is
executed on behalf of
Client by any third
party, the person
executing this Agreement
expressly represents to
Inspector that he/she
has the full and
complete authority to
execute this Agreement
on Client’s behalf and
to fully and completely
bind Client to all of
the terms, conditions,
limitations, exceptions,
and exclusions of this
Agreement.
SEVERABILITY:
Should any provision of
this Agreement be held
by a court of competent
jurisdiction to be
either invalid or
unenforceable, the
remaining provisions of
this Agreement shall
remain in full force and
effect, unimpaired by
the court’s holding.
MEDIATION:
The parties to this
Agreement agree to
attend, in good faith,
mediation with a retired
judge or lawyer with at
least 5 years of
mediation experience
before any lawsuit is
filed. All notices of
mediation must be served
in writing by return
receipt requested
allowing 30 days for
response. If no response
is forthcoming the
moving party may then
demand binding
arbitration under the
terms and provisions set
forth below.
ARBITRATION:
Any dispute concerning
the interpretation or
enforcement of this
Agreement, the
inspection, the
inspection
report, or any other
dispute arising out of
this relationship, shall
be resolved between the
parties by binding
arbitration conducted in
accordance with
California Law, except
that the parties shall
select an arbitrator who
is familiar with the
real
estate profession. The
parties agree that they
shall be entitled to
discovery procedures
within the discretion of
the arbitrator.
The arbitrator shall
manage and hear the case
applying the laws of the
State of California to
all issues submitted in
the arbitration
proceeding. The award of
the arbitrator shall be
final, and a judgment
may be entered on it by
any court having
jurisdiction. Any
disputes are to be
arbitrated by:
Judicial Arbitration and
Mediation Service (JAMS®)
Client acknowledges
having read and
understood all the
terms, conditions, and
limitations of this
Agreement and
voluntarily agrees to be
bound thereby and to pay
the fee(s) listed here.
Client:________________________________________________________________________________________________________
Date:
_______________________________
 RESIDENTIAL
STANDARDS OF PRACTICE – FOUR OR FEWER UNITS
Part I. Definitions and Scope
These Standards of
Practice provide
guidelines for a
real estate inspection
and define certain terms
relating to these
inspections.
Italicized
words in these Standards
are defined in Part IV,
Glossary of Terms.
A.
A
real estate inspection
is a survey and basic
operation
of the
systems
and
components
of a
building
which can be reached,
entered, or viewed
without
difficulty, moving
obstructions, or
requiring any action
which may result in
damage to the property
or personal injury to
the
Inspector.
The purpose of the
inspection is to provide
the Client with
information regarding
the
general
condition
of the
building(s).
Cosmetic and aesthetic
conditions
shall
not be considered.
B.
A
real estate inspection
report provides written
documentation of
material defects
discovered in the
inspected building ’s
systems
and
components
which, in the opinion of
the
Inspector,
are
safety hazards,
are not
functioning
properly, or appear to
be at the ends of their
service lives. The
report may include the
Inspector’s
recommendations for
correction or further
evaluation.
C.
Inspections
performed in accordance
with these Standards of
Practice are not
technicaly exhaustive
and shall apply to the
primary building
and its associated
primary parking
structure.
Part II. Standards of
Practice
A
real estate inspection
includes the
readily accessible
systems
and
components
or a
representative number
of multiple similar
components
listed in SECTIONS 1
through 9 subject to the
limitations, exceptions,
and exclusions in Part
III.
SECTION 1 – Foundation,
Basement, and
Under-floor Areas
A. Items to be
inspected:
1.
Foundation
system
2.
Floor framing
system
3.
Under-floor ventilation
4.
Foundation anchoring and
cripple wall bracing
5.
Wood separation from
soil
6.
Insulation
B. The
Inspector
is not required to:
1.
Determine
size, spacing, location,
or adequacy of
foundation bolting/
bracing
components
or reinforcing
systems
2.
Determine
the composition or
energy rating of
insulation materials
SECTION 2 – Exterior
A. Items to be
inspected:
1.
Surface grade directly
adjacent to the
buildings
2.
Doors and windows
3.
Attached decks, porches,
patios, balconies,
stairways, and their
enclosures
4.
Wall cladding and trim
5.
Portions of walkways and
driveways that are
adjacent to the
buildings
B. The
Inspector
is not required to:
1.
Inspect
door or window screens,
shutters, awnings, or
security bars
2.
Inspect
fences or gates or
operate
automated door or gate
openers or their safety
devices
3.
Use a ladder to
inspect systems
or
components
SECTION 3 – Roof
Covering
A. Items to be
inspected:
1.
Covering
2.
Drainage
3.
Flashings
4.
Penetrations
5.
SkylightsB. The
Inspector
is not required to:
1.
Walk on the roof surface
if in the opinion of the
Inspector
there is risk of damage
or a
hazard
to the
Inspector
2.
Warrant or certify that
roof
systems,
coverings, or
components
are free from leakage
SECTION 4 – Attic Areas
and Roof Framing
A. Items to be
inspected:
1.
Framing
2.
Ventilation
3.
Insulation
B. The
Inspector
is not required to:
1.
Inspect mechanical attic
ventilation
systems
or
components
2.
Determine
the composition or
energy rating of
insulation materials
SECTION 5 – Plumbing
A. Items to be
inspected:
1.
Water supply piping
2.
Drain, waste, and vent
piping
3.
Faucets and
fixtures
4.
Fuel gas piping
5.
Water heaters
6.
Functional flow
and
functional drainage
B. The
Inspector
is not required to:
1.
Fill any
fixture
with water or
inspect
overflow drains or
drain-stops, or evaluate
backflow
devices,
waste ejectors, sump
pumps, or drain line
cleanouts
2.
Inspect
or evaluate water
temperature balancing
devices,
temperature fluctuation,
time to obtain hot
water, water
circulation, or solar
heating
systems
or
components
3.
Inspect
whirlpool baths, steam
showers, or sauna
systems
or
components
4.
Inspect
fuel tanks or
determine
if the fuel gas
system
is free of leaks
5.
Inspect
wells or water treatment
systems
SECTION 6 – Electrical
A. Items to be
inspected:
1.
Service equipment
2.
Electrical panels
3.
Circuit wiring
4.
Switches, receptacles,
outlets, and lighting
fixtures
B. The
Inspector
is not required to:
1.
Operate
circuit breakers or
circuit interrupters
2.
Remove cover plates
3.
Inspect
de-icing
systems
or
components
4.
Inspect
private or emergency
electrical supply
systems
or
components
SECTION 7 – Heating and
Cooling
A. Items to be
inspected:
1.
Heating equipment
2.
Central cooling
equipment
3.
Energy source and
connections
4.
Combustion air and
exhaust vent
systems
5.
Condensate drainage
6.
Conditioned air
distribution
systems
B. The
Inspector
is not required to:
1.
Inspect
heat exchangers or
electric heating
elements
2.
Inspect
non-central air
conditioning units or
evaporative coolers
3.
Inspect
radiant, solar, hydronic,
or geothermal
systems
or
components
4.
Determine
volume, uniformity,
temperature, airflow,
balance, or leakage
of any air distribution
system
5.
Inspect
electronic air filtering
or humidity control
systems
or
components
SECTION 8 – Fireplaces
and Chimneys
A. Items to be
inspected:
1.
Chimney exterior
2.
Spark arrestor
3.
Firebox
4.
Damper
5.
Hearth extension
B. The
Inspector
is not required to:
1.
Inspect
chimney interiors
2.
Inspect
fireplace inserts,
seals, or gaskets
3.
Operate
any fireplace or
determine
if a fireplace can be
safely used
SECTION 9 – Building
Interior
A. Items to be
inspected:
1.
Walls, ceilings, and
floors
2.
Doors and windows
3.
Stairways, handrails,
and guardrails
4.
Permanently installed
cabinets
5.
Permanently installed
cook-tops, mechanical
range vents, ovens,
dishwashers, and food
waste disposers
6.
Absence of smoke alarms
7.
Vehicle doors and
openers
B. The
Inspector
is not required to:
1.
Inspect
window, door, or floor
coverings
2.
Determine
whether a
building
is secure from
unauthorized entry
3.
Operate or test smoke
alarms or vehicle door
safety
devices
4.
Use a ladder to
inspect systems
or
components
Part
III.
Limitations, Exceptions,
and Exclusions
A. The following are
excluded from a
real estate inspection:
1.
Systems
or
components
of a
building,
or portions thereof,
which are not
readily accessible,
not
permanently instaled,
or not
inspected
due to circumstances
beyond the control of
the
Inspector
or which the Client has
agreed or specified are
not to be
inspected
2.
Site improvements or
amenities, including,
but not limited to;
accessory
buildings,
fences, planters,
landscaping, irrigation,
swimming pools, spas,
ponds, waterfalls,
fountains or their
components
or accessories
3.
Auxiliary features of
appliances
beyond the
appliance ’s
basic
function
4.
Systems
or
components,
or portions thereof,
which are under ground,
under water, or where
the
Inspector
must come into contact
with water
5.
Common areas as defined
in California Civil Code
section 1351, et seq.,
and any dwelling unit
systems
or
components
located in common areas
6.
Determining
compliance with
manufacturers’
installation guidelines
or specifications,
building codes,
accessibility standards,
conservation or energy
standards, regulations,
ordinances, covenants,
or other restrictions
7.
Determining
adequacy, efficiency,
suitability, quality,
age, or remaining life
of any
building, system,
or
component,
or marketability or
advisability of purchase
8.
Structural,
architectural,
geological,
environmental,
hydrological, land
surveying, or
soils-related
examinations
9.
Acoustical or other
nuisance characteristics
of any
system
or
component
of a
building,
complex, adjoining
property, or
neighborhood
10.Conditions
related to animals,
insects, or other
organisms, including
fungus
and mold, and any
hazardous, illegal, or
controlled substance, or
the damage or health
risks arising there from
11.Risks associated with
events or
conditions
of nature including, but
not limited to;
geological, seismic,
wildfire, and flood
12.Water testing any
building, system,
or
component
or
determine
leakage in shower pans,
pools, spas, or any body
of water
13.Determining
the integrity of
hermetic seals at
multi-pane glazing
14.Differentiating
between original
construction or
subsequent additions or
modifications
15.Reviewing information
from any third-party,
including but not
limited to; product
defects, recalls, or
similar notices
16.Specifying
repairs/replacement
procedures or estimating
cost to correct
17.Communication,
computer, security, or
low-voltage
systems
and remote, timer,
sensor, or similarly
controlled
systems
or
components
18.Fire extinguishing
and suppression
systems
and
components
or
determining
fire resistive qualities
of materials or
assemblies
19.Elevators, lifts, and
dumbwaiters
20.Lighting pilot lights
or activating or
operating
any
system, component,
or
appliance
that is
shut down,
unsafe to
operate,
or does not respond to
normal user controls
21.Operating
shutoff valves or
shutting down
any
system
or
component
22.Dismantling any
system, structure,
or
component
or removing access
panels other than those
provided for homeowner
maintenance
B. The
Inspector
may, at his or her
discretion:
1.
Inspect
any
building, system,
component, appliance,
or improvement not
included or otherwise
excluded by these
Standards of Practice.
Any such
inspection
shall comply with all
other provisions of
these Standards.
2.
Include photographs in
the written report or
take photographs for
Inspector’s
reference without
inclusion in the written
report. Photographs may
not be used in lieu of
written documentation.
Part IV. Glossary of
Terms
*NOTE:
All definitions apply to
derivatives of these
terms when
italicized
in the text.
Appliance:
An item such as an oven,
dishwasher, heater, etc.
which performs a
specific
function
Building:
The subject of the
inspection
and its
primary parking
structure
Component:
A part of a
system, appliance,
fixture,
or
device
Condition:
Conspicuous state of
being
Determine:
Arrive at an opinion or
conclusion pursuant to a
real estate
inspection
Device:
A
component
designed to perform a
particular task or
function
Fixture:
A plumbing or electrical
component
with a fixed position
and
function
Function:
The normal and
characteristic purpose
or action of a
system,
component,
or
device
Functional Drainage:
The ability to empty a
plumbing
fixture
in a reasonable time
Functional Flow:
The flow of the water
supply at the highest
and farthest
fixture
from the
building
supply shutoff valve
when another
fixture
is used simultaneously
Inspect:
Refer to Part I,
“Definition and Scope”,
Paragraph A
Inspector:
One who performs a
real estate inspection
Normal User Control:
Switch or other
device
that activates a
system
or
component
and is provided for use
by an occupant of a
building
Operate:
Cause a
system, appliance,
fixture,
or
device
to
function
using
normal user controls
Permanently Installed:
Fixed in place, e.g.
screwed, bolted, nailed,
or glued
Primary Building:
A
building
that an
Inspector
has agreed to
inspect
Primary Parking
structure:
A
building
for the purpose of
vehicle storage
associated with the
primary building
Readily Accessible:
Can be reached, entered,
or viewed without
difficulty, moving
obstructions, or
requiring any action
which may harm persons
or property
Real Estate Inspection:
Refer to Part I,
“Definitions and Scope”,
Paragraph A
Representative Number:
Example, an average of
one
component
per area
for multiple similar
components
such as windows, doors,
and electrical
outlets
Safety Hazard:
A
condition
that could result in
significant physical
injury
Shut Down:
Disconnected or turned
off in a way so as not
to respond to
normal
user controls
System:
An assemblage of various
components
designed to
function
as a whole
Technically Exhaustive:
Examination beyond the
scope of a
real estate
inspection,
which may require
disassembly, specialized
knowledge, special
equipment, measuring,
calculating,
quantifying, testing,
exploratory
probing, research, or
analysis
THIS FORM
HAS BEEN APPROVED BY THE
CALIFORNIA REAL ESTATE
INSPECTION ASSOCIATION (CREIASM).
NO REPRESENTATION IS
MADE AS TO THE LEGAL
VALIDITY OR ADEQUACY OF
ANY PROVISION IN ANY
SPECIFIC TRANSACTION. IF
YOU DESIRE LEGAL ADVICE,
CONSULT AN APPROPRIATE
PROFESSIONAL. USE OF
THIS FORM DOES NOT
GUARANTEE THAT THE USER
IS A QUALIFIED INSPECTOR
MEMBER OF CREIASM.
TO LOCATE A QUALIFIED
CREIASM
INSPECTOR CALL
800/388-8443 OR VISIT
WWW.CREIA.ORG © 2006
CREIASM
All Rights Reserved.
CREIASM
IS A PUBLICBENEFIT,
NONPROFIT ORGANIZATION.
rev:04.06
|
American Dream
Property
Inspection
Service
(619) 517-3029
PropertyInspections@cox.net |
|
THIS IS INTENDED
TO BE A LEGALLY
BINDING
CONTRACT, PLEASE
READ IT
CAREFULLY
|
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Client Name: |
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Inspection
Address: |
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STANDARD COMMERCIAL
INSPECTION CONTRACT
THIS IS A LEGALLY BINDING CONTRACT, PLEASE READ IT CAREFULLY.
1. The inspection to be
performed for Client
consists of non-intrusive
visual observations to
survey the readily
accessible, easily visible
material components, systems
and equipment of the
building. The inspection is
designed to identify
material physical
deficiencies in the
building’s components,
systems and equipment, as
they exist at the time of
the inspection. The work
product resulting from
completing an inspection in
accordance with this
contract is an inspection
report. The inspection
report incorporates the
information obtained during
the inspection. The
inspection report is for the
sole use and benefit of
Client. Client agrees to
read the entire inspection
report when it is received
and shall promptly call the
Inspector with any questions
or concerns Client may have
regarding the inspection
report or the inspection.
The inspection report shall
be considered the final and
exclusive findings of the
Inspector regarding the
inspection of the building.
Client shall not rely on any
oral statements made by the
Inspector prior to issuance
of the inspection report.
2. Components and systems
operated during the
inspection will be
identified in the inspection
report. The identified
components and systems shall
be operated with normal user
controls only and as
conditions permit. If a
component or system is
operated, it may be
conducted without the aid of
special protective clothing,
exploratory probing,
removing materials, testing,
measuring, preparing
calculations or using
special equipment, including
meters or devices of any
kind. Testing, measuring, or
preparing calculations for
any system or component to
determine adequacy,
capacity, or compliance with
any standard is outside the
scope of this contract.
3. The term material
physical deficiencies means
the presence of conspicuous
patent defects or material
deferred maintenance of the
building’s material systems,
components, or building
equipment as observed during
the inspection. This
definition specifically
excludes deficiencies that
may be remedied with routine
maintenance, miscellaneous
minor repairs, and normal
operating maintenance, and
excludes conditions that
generally do not present
material physical
deficiencies of the
building.
4. Inspector is an expert
generalist and not acting as
an expert in any SPECIFIC
craft or trade. The
inspector may make
recommendations for further
evaluation by an
individual(s) who is an
expert or specialist IN ONE
OR MORE SPECIFIC BUILDING
COMPONENTS OR SYSTEMS.
5. The inspection is not
technically exhaustive. The
cost of obtaining
information or the time
required to conduct a
technically exhaustive
inspection and prepare the
inspection report could
outweigh the usefulness of
the information and could be
detrimental to the orderly
and timely completion of
Client’s transaction.
6. No inspection can wholly
eliminate the uncertainty
regarding the presence of
physical deficiencies and
the performance of the
building’s systems.
Preparation of an inspection
report in accordance with
this contract is intended to
reduce, but not eliminate,
the uncertainty regarding
the potential for component
or system failure and to
reduce the potential that
such component or system may
not be initially observed.
Client recognizes the
inherent subjective nature
of the inspector’s opinions
as to issues such as
workmanship, quality of
original installation, and
estimating the remaining
useful life of any given
component or system. The
inspector’s opinions
generally are formed without
detailed knowledge from
those specifically familiar
with the component’s or
system’s performance.
7. The inspection report
will contain a
representative indication of
the property condition at
the time of the inspection
and is dependent on the
information available to the
inspector at that time.
8. It is Client’s duty and
obligation to exercise
reasonable care to protect
himself or herself regarding
the condition of the
building, including those
facts that are known to or
within the diligent
attention and observation of
Client.
LIMITATIONS, EXCEPTIONS AND
EXCLUSIONS
Excluded from this inspection is any system, structure or component
of the building that is
inaccessible, concealed from
view, or cannot be inspected
due to circumstances beyond
the control of the
Inspector, or which Client
has agreed is not to be
inspected. Unless
specifically agreed upon
otherwise between the
Inspector and Client, the
following are excluded from
the inspection:
|
A. Building code or zoning ordinance violations. |
|
J. Thermostatic, motion and time clock controls. |
|
B. Geological stability or soils conditions or structural
stability or
engineering
analysis. |
|
K. Permits or public records research.
L. Fire and life
safety systems. |
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C. All wood-destroying organism. |
|
M. Elevators or lifts. |
|
D. Interior partition walls; tenant improvements and
non-building
equipment. |
|
N. Building security and security systems.
O. Installation
guidelines and
manufacturer's
|
|
E. Americans With Disabilities Act inspections. |
|
specifications. |
|
F. Water testing for roof, wall or window leaks. Concealed
roofing membrane
integrity. |
|
P. Examination of conditions related to animals,
rodents, insects,
wood-destroying
insects, |
|
G. Concealed floor cracks and all underground
components. |
|
organisms, mold, and mildew or the damage
caused thereby. |
|
H. Product recalls or other such notices.
I. Specific
components noted in
the inspection
report as |
|
Q. Personal property. |
|
being beyond the scope of the inspection.
|
|
R. Removing equipment or component covers,
panels or plates. |
Services for inspecting
or evaluating the excluded
items listed above may be
available from Inspector for
an
additional fee or from
specialists qualified to
inspect or evaluate a
particular category or item.
ENVIRONMENTAL CONCERNS:
Client acknowledges that
what is being contracted for
is a building inspection and
not an environmental
evaluation and the
inspection is not intended
to detect, identify or
disclose any health or
environmental concerns
regarding this building or
property, including, but not
limited to, the presence of
asbestos, radon, lead,
ureaformaldehyde, fungi,
mold, mildew, PCBs, or other
toxic materials or
substances in the water,
air, soil or building
materials.
CONFIDENTIAL
REPORT:
The inspection report to be
prepared for Client is
solely and exclusively for
Client’s own information and
may not be relied upon by
any other person. Client
agrees to maintain the
confidentiality of the
inspection report and agrees
not to disclose any part of
it to any other person.
Client may distribute copies
of the inspection report to
other persons directly
involved in this
transaction, but Client and
Inspector do not in any way
intend to benefit said other
persons directly or
indirectly through this
Contract, the inspection or
the inspection report.
CLIENT AGREES TO INDEMNIFY,
DEFEND AND HOLD INSPECTOR
HARMLESS FROM ANY THIRD
PARTY CLAIMS ARISING OUT OF
CLIENT’S UNAUTHORIZED
DISTRIBUTION OF THE
INSPECTION REPORT.
LIQUIDATED DAMAGES: IT IS
UNDERSTOOD AND AGREED BY AND
BETWEEN THE PARTIES HERETO
THAT THE
INSPECTOR/INSPECTION COMPANY
IS NOT AN INSURER, THAT THE
PAYMENT FOR THE SUBJECT
INSPECTION IS BASED SOLELY
ON THE VALUE OF THE SERVICES
PROVIDED BY
INSPECTOR/INSPECTION COMPANY
IN THE PERFORMANCE OF THE
INSPECTION AND PRODUCTION OF
THE INSPECTION REPORT AS
DESCRIBED HEREIN, THAT IT IS
IMPRACTICABLE AND EXTREMELY
DIFFICULT TO FIX THE ACTUAL
DAMAGES, IF ANY, WHICH MAY
RESULT FROM A FAILURE TO
PERFORM SUCH SERVICES, AND
IN CASE OF FAILURE TO
PERFORM SUCH SERVICES AND A
RESULTING LOSS, CLIENT’S
DAMAGES HEREIN SHALL BE
LIQUIDATED AND FIXED IN AN
AMOUNT EQUAL TO THE
INSPECTION FEE PAID
MULTIPLIED BY ONE HUNDRED
TWENTY-FIVE PERCENT (125%)
AS LIQUIDATED DAMAGES AND
NOT AS A PENALTY, AND THIS
REMEDY SHALL BE EXCLUSIVE.
GENERAL
PROVISIONS:
A. This inspection
contract, the inspection,
and the inspection report do
not constitute a warranty,
guarantee, or insurance
policy of any kind
whatsoever.
B. No legal action or
proceeding of any kind,
including those sounding in
tort or contract can be
commenced against
Inspector/Inspection
Company, or its officers,
agents or employees more
than one year after the date
of the subject inspection.
Time is expressly of the
essence herein. THIS TIME
PERIOD IS SHORTER THAN
OTHERWISE PROVIDED BY L AW.
C. In the event Client
discovers a material
physical deficiency in a
component, system or
equipment of the building
that was not identified and
reported by Inspector,
Client shall so notify
Inspector in writing and
allow Inspector and/or
Inspector’s designated
representative to re-inspect
and document the condition(s)
of the material physical
deficiency prior to making
any repair, alteration, or
replacement to said physical
deficiency.
D. Should any provision
of this contract be held by
a court of competent
jurisdiction to be either
invalid or unenforceable,
the remaining provisions of
this contract shall remain
in full force and effect,
unimpaired by the court’s
holding.
E. This contract shall
be binding upon and inure to
the benefit of only the
undersigned parties and
their heirs, successors and
assigns.
F. This contract
constitutes the entire
integrated agreement between
the parties hereto
pertaining to the subject
matter hereof, and may be
modified only by a written
agreement signed by all of
the parties hereto. No oral
agreements, understandings,
or representations shall
change, modify, or amend any
part of this contract.
G. Each party signing
this contract warrants and
represents that he/she has
the full capacity and
authority to execute this
contract on behalf of the
named party whether it is a
corporation, partnership or
other entity. If this
contract is executed on
behalf of Client by a third
party, the person executing
this contract expressly
represents to Inspector that
he/she has the full and
complete authority to
execute this contract on
Client’s behalf and to fully
and completely bind Client
to all of the terms,
conditions, limitations,
exceptions and exclusions of
this contract.
Client acknowledges that
they have read and
understood all the terms,
conditions and limitations
of this contract and
voluntarily agrees to be
bound thereby and agrees to
pay the fee listed.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA REAL ESTATE
INSPECTION ASSOCIATION (CREIA
SM ). NO REPRESENTA-
TION IS MADE AS TO THE LEGAL
VALIDITY OR ADEQUACY OF ANY
PROVISION IN ANY SPECIFIC
TRANSACTION. IF YOU
DESIRE LEGAL ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
© 2001-2004 CREIA SM All Rights Reserved.. CREIA IS A
PUBLIC-BENEFIT, NONPROFIT
ORGANIZATION.
AMERICAN DREAM PROPERTY
INSPECTION SERVICE
MOLD INSPECTION
AND TESTING AGREEMENT
THIS IS INTENDED TO BE A
LEGALLY BINDING
CONTRACT,PLEASE READ IT
CAREFULLY
Project Name:
T.B.D.
Project Type/Code:
IAQ Survey
Agreement
Date:
T.B.D.
Client name:
T.B.D.
Client
mailing address:
SAME
Client phone:
T.B.D.
Client email:
T.B.D.
Realtor name:
T.B.D.
Address of
property to be inspected :
T.B.D.
San Diego
County
hereinafter
called Subject Property,
which the client represents
to have been originally
constructed
on or about:
T.B.D. and
approximately
T.B.D.
square feet.
Inspection
and testing date:
T.B.D.
Inspection
and Testing Fee:
$ 300.00
(includes 2
samples), additional samples
over 2, are
charged at
$100.00 each.
Report and
Inspection fee (includes 2
samples):
$ 300.00
Additional
samples (If needed): 1
samples@ $100.00 each
$ 100.00
Other Fees:
$
Total
T.B.D.
Paid By:
Check #: Card
# (last 4 digits): Other:
THIS
AGREEMENT, made and entered
into on the Agreement date
indicated above, by and
between the
above named Client and the
undersigned, hereinafter
referred to as American
Dream.
American
Dream will provide the
following services to the
Client:
(1) Visually
inspect the subject property
to check for the water
damage and mold infestation.
In
doing such
visual inspection, American
Dream will use where the
inspector
believes
appropriate a hidden
moisture meter.
The client
will pay for all of the
above services at the time
of the inspection.
(2)
(2) Take up
to 2 mold tests [including
laboratory analysis] at the
Subject property. Each test
over 2
[including
laboratory analysis] shall
be $100.00 each.
(3) Provide a
written report of American
Dreams' visual inspection
observations and
explanation
of laboratory test results
The cost for
items (1) and (3) shall be $
300.00. The cost of item (2)
shall be calculated at the
time
of
inspection.
The
inspection and testing shall
be performed in accordance
with the Standards of
Practice of the
Certified
Mold Inspectors and
Contractors Institute.
The
inspection is not a Building
Code Inspection, title
examination, home inspection
for problems
other than
water and mold, or a by-law
compliance inspection.
American Dream does not
offer an
opinion as to: (a) the
advisability or
inadvisability of the
purchase, sale or repair or
replacement
of the property or its
components such as, but not
limited to, appliances,
carpeting,
heating,
ventilating, and air
conditioning equipment and
ducts; (b) the property’s
value; or (c) the
property’s
potential use.
The
inspection and Testing fee,
and any report based on the
inspection and testing
conducted, is
based on a
single visit to the
property. Additional fees
may be charged for any
subsequent visits
required by
the Client. If American
Dream is called upon to
prepare for litigation or
give
testimony as
a result of the Inspection
and Testing, additional fees
shall be charged at American
Dreams' then
current fees for any time
spent, including, but not
limited to, research,
consultation,
additional inspection and
testing time, additional
mold laboratory test fees,
preparation
of reports,
travel, time waiting to
testify and court
appearances or depositions.
The
inspection and testing
report is based on the
condition of the Subject
Property existing and
apparent on
the precise time and exact
date of the inspection. Not
all conditions may be
apparent on
the
inspection and testing date
due to weather conditions,
inoperable systems,
inaccessibility of areas
of the
Subject Property, or for
other reasons. The Client
understands and agrees that
American
Dreams'
inspection and testing can
report only: (1) water and
mold problems in existence
on
the date of
the inspection and testing:
and (2) water and mold
problems physically present
in the
precise and
exact Subject Property
locations that are actually
inspected and tested. Air
tests can only
report the
presence of mold spores in
the individual heating,
ventilating, and air
conditioning ducts
in which air
tests or swab samples are
taken. American Dreams'
hidden moisture meter can
only detect
wet conditions three-fourths
of an inch into building
materials tested, and only
in
locations
actually tested by American
Dream.
American
Dream cannot report on areas
or locations in the building
that have not been
specifically
inspected and tested.
Inspector is
not responsible or liable
for the non-discovery of any
water damage, water
problems, or
mold
contamination or mold
problems, or other
conditions of the Subject
Property, or any other
problems,
which may occur or may
become evident after the
inspection and testing time
and date.
Inspector is
not an insurer nor guarantor
against water problems, mold
problems, or other defects
in
the Subject
Property and improvements,
systems, or components
inspected. Inspector makes
no
warranty,
express or implied, as to
the fitness for use or
condition of the systems or
components
inspected.
Inspector assumes no
responsibility for the cost
of repairing any water
problems, mold
problems, or
any other future failures or
repairs.
Inspector and
its employees are limited in
liability to the fee paid
for the inspection and
testing
services and
report in the event that
Client or any third party
claims that Inspector is in
any way
liable for
negligently performing the
inspection or testing, or in
preparing the Inspection and
Testing
Report, or
for any other reason or
claim that Inspector has not
fully satisfied all its
obligations
hereunder.
Client hereby agrees to
indemnify, defend and hold
harmless Inspector if any
third party
brings a
claim against Inspector
relating to the inspection
and testing, or Inspection
and Testing
Report.
Any
additional consulting which
requires depositions or
other legal appearances will
be billed, in
addition to
inspection and sampling
fees, at the consultation
rates (per our price list).
Please contact
our office
for details.
This
agreement is governed by the
laws and jurisdiction of the
State of California. Any
controversy
or claim
between the parties hereto,
arising directly or
indirectly out of, connected
with, or relating
to the
interpretation of the
Agreement, the scope of
services, the actual
inspection and testing
services
rendered by American Dream,
the inspection and testing
report provided to the
Client by
American Dream, or any other
matters of any kind
involving any act or
omission
performed
under this Agreement, or
promises, representations,
or negotiations concerning
duties of
American
Dream hereunder, shall be
submitted to arbitration
accordance with the
applicable
rules of the
American Arbitration
Association. The parties
shall mutually appoint an
arbitrator who
is
knowledgeable and familiar
with the mold inspection and
mold testing industry.
Judgment on any
decision
shall be binding on all
parties. Secondary or
consequential damages are
specifically
excluded.
In the event
that any dispute arises out
of the Inspection, Testing,
or Report, and proceedings
are
commenced by
the Client, if the Client is
unsuccessful in maintaining
the claim in arbitration or
elsewhere,
then the Client shall be
liable to American Dream for
all charges, expenses, costs
and legal
fees incurred by American
Dream on a complete
indemnity basis, including a
reasonable
investigating, research,
preparation for, and
attendance at arbitration or
court hearings
and
examinations.
Any claims
must be presented to
American Dream in hand by
certified U.S. mail or
suitable
proof of
delivery within one (1) year
from the date of Inspection.
Inspector shall have no
liability for
any claims
presented one (1) year after
the date of inspection and
testing.
Client
guarantees Inspector a right
to examine the subject
matter and area of any claim
and offer a
resolution
prior to Client’s
performance of remedial
measures (except in the
event of an emergency,
or to protect
for personal safety, or to
reduce or avoid damage to
property). This is a
condition
precedent to
Client’s claim.
The client
hereby agrees that if it
should cancel any scheduled
inspection less than twenty
four (24)
hours in
advance of the scheduled
inspection it agrees to a
cancellation fee of $100.00.
If the client
does
reschedule the inspection
the cancellation fee shall
be credited to that
inspection.
This
Agreement and the documents
referred to herein
constitute the entire
Agreement between
the parties
hereto, and supersede any
and all prior
representations,
discussions, or agreements,
whether
written or oral.
No amendment,
change, or variance from
this Agreement shall be
binding on either party
unless
mutually
agreed to, in writing, and
signed by the parties
hereto. If any provision of
this Agreement is
held invalid
of unenforceable by any
court of final jurisdiction,
it is the intent of the
parties that all
other
provisions of this Agreement
be construed to remain fully
valid, enforceable, and
binding on
the parties.
THE
INSPECTION, TESTING, AND
INSPECTION AND TESTING
REPORT DO NOT
CONSTITUTE A
WARRANTY, GUARANTEE OR
INSURANCE POLICY OF ANY
KIND.
There are no
warranties, guarantees or
insurance available or
provided by American Dream.
Having read
and fully understanding this
Agreement, I (we) hereby
authorize the inspection and
testing of
the Subject Property.
_______________________________
Date:
________________________
Client
Signature
AMERICAN DREAM PROPERTY
INSPECTION SERVICE
ESCROW BILLING
CONTRACT
THIS IS INTENDED TO BE A
LEGALLY BINDING
CONTRACT,PLEASE READ IT
CAREFULLY
Client acknowledges that
they have read and
understand all the terms,
conditions and limitations
of this contract and
voluntarily agrees to be
bound thereby and agrees to
pay the fee listed according
to the following terms:
Client authorizes payment to
be made from funds on
deposit with the escrow
company at the close of
escrow, and further agrees
that funds will not be
removed from the escrow
account without payment for
this inspection. If the
property does not close, and
the escrow company fails to
release payment to American
Dream, or if the account is
45 days old or older. The
credit card that is
imprinted at the time of
inspection shall be charged
for the inspection fees.
CLIENT
SIGNATURE:___________________________________________
PHONE:___________________________________________
ADDRESS:_________________________________________
DATE:_____________________________________________
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