J.B. Anderson Inspection Agreement
Please complete and FAX to 763-792-4086

THIS AGREEMENT is made and entered into by and between J.B Anderson Inspections, referred to as “Inspector”, and                                                                                 , referred to as “CLIENT”.

THIS AGREEMENT is made this _______ day of _______________, 20___.

In consideration of the promise and terms of this Agreement, the parties agree as follows:

  1. The CLIENT will pay the sum of $                 for the inspection of the “Property”, located at                                                                                                                           .
  2. The INSPECTOR will perform a visual inspection and provide a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. The report is only supplementary to the seller’s disclosure.
  3. Systems, items, and conditions which are not within the scope of the inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants; governing codes, ordinances, statutes and covenants and manufacturer specifications. CLIENT understands that these systems, items and conditions are excepted from this inspection. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report
  4. In the case of a seller’s inspection, the CLIENT is required to inform the INSPECTOR of any and all past and current known defects and/or past inspections performed, whether by a home inspector, pest control company, structural engineer or other entity. The CLIENT is further required to inform the INSPECTOR of the history of all known structural problems, regardless of repair and/or natural or man made disasters occurring within the home (fire, flood, roof leaks, pipe bursts, etc.). Failure to disclose such information will indemnify and hold harmless the INSPECTOR from any further claims.
  5. This inspection will meet or exceed the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.nachi.org/sop.htm CLIENT understands that the inspection will be performed in accordance to the aforementioned Standards (the Standards) which contain certain limitations, exceptions, and exclusions.
  6. The parties understand and agree that the INSPECTOR and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any reported and unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature.  The CLIENT acknowledges that the fee charged by INSPECTOR is based upon the limitations of liability set forth herein, and that, were INSPECTOR to assume any further liability, the fees charged would be substantially higher. Accordingly, the CLIENT agrees that the INSPECTOR is limited in its total liability up to the value paid by the CLIENT to the INSPECTOR for the inspection. It is further understood and agreed that the INSPECTOR, its agents and/or employees, assume no liability and shall not be responsible for any mistakes, omissions, or errors in judgment beyond the cost of the inspection.  This limitation of liability shall include and apply to all consequential damage, bodily injury, or property damage of any nature.
  7. The parties agree and understand the INSPECTOR is not an insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
  8. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the CLIENT. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against the INSPECTOR, its employees or agents, arising out of the services performed by INSPECTOR under this Agreement, the CLIENT agrees to indemnify, defend and hold harmless INSPECTOR from any and all damages, expenses, costs and attorney fees arising from such a claim.
  9. All fees are due prior to the delivery of inspection report, whether by hard copy or electronic transmission unless other arrangements have been made in writing. In most cases, the report shall be delivered within 48 hours of the inspection. In the event alternate payment arrangements are made and the CLIENT fails to comply with the payment arrangement, then a late fee of $35 per month (month = 30 days) will be assessed following CLIENT’s default in payment. CLIENT agrees to pay all attorneys’ fees, and costs incurred to collect any past due payments and late fees.
  10. The Inspection will not include an appraisal of the value of the property or a survey of the premises. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.  
  11. In the event of a claim by the CLIENT that an installed system or component of the premises which was inspected by the INSPECTOR was not in the condition reported by the INSPECTOR, the CLIENT agrees to notify the INSPECTOR at least 72 hours prior to repairing or replacing such system or component and the INSPECTOR shall be granted a reasonable time to re-inspect the system or component.  The CLIENT further agrees that the INSPECTOR is liable only for actual damages arising out of the following combined circumstances:  INSPECTOR had a duty to discover the defect and failed to report the item resulting in additional damages to the system or component which could have been prevented had the item been properly reported; and the CLIENT was unaware of the defective condition; and the INSPECTOR completely failed to follow the Standards; and the defective condition existed at the time of the inspection and was not otherwise concealed. 
  12. Any notices required to be served shall be served upon 9025 Jefferson Street Blaine, MN 55434. If any provision of this Agreement is declared invalid or unenforceable by any court, the remaining provisions will remain in effect.  This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. If any dispute, controversy or claim arises out of or relates to this contract, or the breach thereof, and in said dispute cannot be settled through direct discussions, the parties agree first to try to settle the dispute under the Mediation Rules of NACHI’s Alternate Dispute Resolution Service (ADRS), before resorting to arbitration. Thereafter, any dispute, controversy or claim not resolved by mediation shall be settled by arbitration in accordance with the Arbitration Rules of NACHI’s Alternate Dispute Resolution Service (ADRS), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Filing fees arising from using ADRS shall be paid for by the initiating party and may be filed on-line at www.nachiadrs.com.
  13. This agreement represents the entire agreement between the parties.  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 assigns.  CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.

DEFINITIONS OF REPORT GRADING SYSTEM & COMMENTS
Performing intended functions: Carrying out the design purpose or intended operation of an item, part, system, or component.
Needs repair or replacement: Not performing its intended function, needs repair, shows evidence of prior damage, or safety hazard.
Not inspected: The structure was not equipped with the item, part, system, member, or that item, part, system or member was not inspected.

CLIENT acknowledges that he/she has read this Agreement in full, prior to signing same, and understands and agrees to all terms and conditions herein. Payment is due upon completion of the on-site inspection.  The CLIENT will pay all legal and time expenses incurred in collecting due payments.

 

 

Client Signature:                                                                                      Date:                         

 

Client Street Address: _____________________________________          Client Present:   Yes    No

City/State/Zip:      ____________________________________________                                       

Agent present:      Yes    No                       Agent’s Name: ___________________________   

Inspector’s Signature                                                                                 Date:                         

Client agrees to release reports to seller/buyer/Realtor®:          Yes    No