King
Construction, Inc - Inspector Paul / PO Box 236 Fort Mill, SC 29716
NC
HI # 1756 / SC RBI # 1212 / ASHI # 244121 PHONE: 704-467-7328 / FAX 704-307-2537
Client’s
Home Inspection Contract Agreement
THIS AGREEMENT CONTAINS A LIMIT OF LIABILITY AND ARBITRATION CLAUSE, PLEASE READ
COMPLETELY.
This contract is an agreement
between the CLIENT listed below, and King Construction, Inc (US, WE, OUR) to perform an inspection of a home or building according
to the "Standards of Practice" of ASHI and the NCHILB or SCLLR. These standards
of practice inform CLIENT of what a home inspector should report, and what is not expected of the home inspector to report. OUR home inspection is a single trip generalist observation that is visual in
nature and not technically exhaustive. Additionally, it is to provide CLIENT
with a better understanding of the property's condition as observed at the time of the inspection. OUR inspection/report will meet the "Standards of Practice". It
will include an inspection of: Structural Components, Exterior, Roofing, Plumbing, Electrical, Heating, Central Air Conditioning,
Interior, Insulation, Ventilation and built-in kitchen appliances. WE agree
to email or mail the CLIENT a report within three business days of the inspection or receipt of signed agreement (which ever
is later).
OUR inspection does not
include: Negotiating issues with the builder/owner; a home
warranty or insurance policy; items generally considered cosmetic; pools; spas; Jacuzzis; building code verification; design
or engineering services; load bearing alignments; detached buildings or structures (and components inside); buried fuel tanks;
environmental tests; the presence or absence of any suspected adverse environmental condition or hazardous substances; termites,
wood destroying organisms, pests, rodents and their damages; refrigeration units; water filtration units; low voltage systems;
security system devices; heat detectors; carbon monoxide detectors; telephone; cable TV; satellite equipment; intercoms; built-in
vacuum equipment; or other ancillary wiring that is not a part of the primary electrical distribution system; window treatments;
window thermal seals: mini-blinds; oven clocks, timers, clean features; solar systems; lightening arrestors; Stucco (hard
coat & synthetic); water wells; septic fields; anything buried; the interior of flues; flue connections; the life expectancy
of any component; locating refrigerant leaks; a board-by-board/brick-by-brick exterior inspection. Exterior and roof inspections are performed from the ground. Components
that are buried, concealed, hidden (including behind shrubbery, insulation, walls, personal property, furniture, etc.), camouflaged,
not visible, not accessible, located in an area that may be dangerous or unhealthful to enter and/or difficult to inspect
are beyond the scope of this inspection. Movement of personal items, panels,
covers, insulation, furniture, equipment, plant life, soil, snow, ice or debris that obstructs access or visibility is beyond
the scope of this inspection. WE will not operate heating or cooling systems
in temperatures that may cause damage to the unit. Air conditioning systems will
not be operated in outside temperatures of 65 degrees or less. WE do not inspect
heat exchangers, gas packs, boilers, etc. for cracks. Utilities, plumbing, gas,
and electrical must be turned "on" for the inspection of these areas. Furnaces
must be "on" or capable of being turned on by using normal operating controls. Pilot
lights must be "lit" in order to inspect these components or systems. No disassembly
of equipment, opening of walls, moving of furniture, appliances or stored items, or excavation will be performed. All components and conditions, which by the nature of their location are concealed, camouflaged or difficult
to inspect, will be excluded from the inspection / report. The inspection
of areas/homes that we feel endangers our safety or well being will be aborted.
Additional Inspection Options: (by not initialing
desire for any additional services listed below client declines any additional services)
Radon Test:
For an additional fee of $125.00 we will conduct an EPA approved short term radon test at the listed property. The Environmental Protection Agency (EPA) believes “Radon is a cancer-causing natural radioactive
gas that you can’t see, smell or taste. Its presence in your home can pose a danger to your family's health. Radon is
the leading cause of lung cancer among non-smokers. Radon is the second leading cause of lung cancer in America and claims
about 20,000 lives annually.” Initial
here _____ if CLIENT(S) wishes to have a Radon Test.
Limited
Visual Mold Inspection: I agree
and understand that whereas Inspector Paul, Inc. may report on suspicious stains or mold-like substances, that the inspector
is not an environmental hygienist and is not providing the service of a “mold inspector” under this agreement.
Advanced inspection services to identify any purported mold or fungi are available at additional cost from Inspector Paul,
Inc. and under a separate agreement. Initial here ____ if CLIENT(S) wishes for
additional information regarding mold inspections.
Hard Coat Stucco Inspection: For
an additional $300.00 we will perform a limited visual inspection of the hard coat stucco on the listed property. Initial here ____if CLIENT(S) wishes to have a limited hard coat stucco inspection.
Synthetic Stucco Inspection: For an additional $300.00 per side we will perform a limited inspection of the Synthetic Stucco/EIFS
on the listed property. The home has ____sides of Synthetic stucco. Initial here ____if CLIENT(S) wishes to have a limited synthetic stucco inspection.
Attendance / Opinion: The home inspection report represents
OUR "opinion" of the property at the time of the inspection. OUR interpretation
of what is good or fair may be different than CLIENT. CLIENT is strongly encouraged
to be present at the time of the inspection so WE will have a better understanding of each other's perceptions.
CLIENT obligations: CLIENT has made an on-site personal examination of the property prior to the inspection and agrees to notify
US of any issues or concerns they have and any disclosure issues or no representation issues by the seller. CLIENT has preexisting concerns with the following components, systems, etc. (please list if any) ___________________________________________________________________________.
CLIENT has obtained a right of entry to perform this inspection from the seller
or seller’s representative and has made arrangements for the home to be open during the inspection. CLIENT agrees to retain appropriate licensed contractor(s) to further inspect and repair all concerns and
issues before the close of escrow. CLIENT is urged to call US before they close
on the home to review or ask any questions CLIENT may have regarding this inspection / report. CLIENT is responsible for payment
in full of all of our fees whether or not CLIENT purchases the property and will inform us in advance if the home or neighborhood
is distressed.
OUR purpose is to determine whether or not a system
(electrical, heating, etc) is working properly. WE are not responsible to determine
all that may be wrong with that system, just whether or not a second opinion is needed, such as a licensed electrician or
HVAC contractor. They determine what steps are necessary to correct. Their troubleshooting may reveal additional items not mentioned in this report. WE are not responsible for items mentioned or not mentioned in this report.
WE are not a guarantee nor do we guarantee any items or opinions described on this report.
CLIENT’s Initial’s: _√_____________
Warranty / Claims / Limitations: This inspection is to reduce
the risk of finding a potential problem, not to eliminate them. WE do not guarantee
that all defects will be located, reported, identified or recognized. CLIENT agrees that OUR limit of liability shall not exceed the amount paid for the
inspection. By retaining OUR services CLIENT acknowledges, understands,
and agrees to the statements and terms contained herein, and will hold US harmless to any claims made. WE are not a home warranty company nor do WE carry insurance on warranty claims. If the CLIENT believes WE have made an error or omitted an item the CLIENT feels should have been inspected
the CLIENT agrees to notify US in writing of the alleged error or omission within one week of their discovery of the item(s)
and agrees to allow US a reasonable opportunity to re-inspect, address, and repair the alleged error or omission prior to
any repairs being performed. Failure on behalf of the CLIENT to notify US in
writing and grant US a reasonable opportunity to re-inspect, address, and repair the alleged item(s) is admission by the CLIENT
that the condition did not exist at the time of the inspection and shall constitute a remise, full release, and forever discharge
US from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, judgments, damages, claims, administrative
claims, and demands whatsoever in law or equity. If CLIENT makes a claim against
US for an alleged error, omission, or other act arising out of this inspection report and fails to prove such claim, CLIENT
agrees to pay all attorneys’ fees, arbitrator’s fees, legal expenses, and costs incurred by US in defense of the
claim. In the event of a refund of inspection fee or portion thereof, or any
other sum, such refund shall be a full and final settlement of all present and future claims, administrative claims, and causes
of actions, complaints, etc. and WE shall be thereupon generally and fully released.
This inspection is not for third party use; CLIENT requests this inspection/report for their confidential use only. WE will not release this report to any third party without client approval. If CLIENT decides to release this report to others CLIENT agrees to defend, indemnify, and hold US harmless
for any damages claimed by others. CLIENT agrees that WE will only be named as
an expert witness in litigation issues and CLIENT agrees to execute our litigation agreement prior to naming us an expert
witness. Should any buyer or entity disclaim authority of contract signer to
act as an agent of any or all buyers, then the signer of the contract herein indemnifies us for all costs, damages, judgments,
and expenses incurred by us, including attorney’s fees, regarding any claims against us made by buyer or entity that
relies on report or other representation or conduct of us or agents thereof.
Arbitration Clause: Any dispute concerning the interpretation of this agreement or arising from the Inspection and Report (unless
based on payment of fee) shall be resolved by binding, non-appealable arbitration conducted by Construction Arbitration &
Mediation Services PO Box 23390 Charlotte, NC 28227. Any legal act arising from
the Inspection and report must be commenced within 90 days of the date of the inspection.
If any portion of the agreement, inspection, and/or report is struck down, then all other clauses will remain valid
and in force.
Additional Trips / Re-Inspections: If CLIENT requests an additional
trip to complete the inspection (i.e. utilities were not turned on, inaccessible areas, etc) CLIENT agrees to pay a $100.00
per hour (or part of) additional trip fee. Re-inspections of repairs will be
considered on a case by case basis and are billed at $200.00 for the first hour (or part of) $100.00 per additional hour (or
part of). Additional trip and Re-inspection fees include travel time and report
writing time.
Fees / Payment: The cost of the home inspection is
based upon the age and total square feet (heated & unheated) of the home to be inspected and is subject to correction. Homes in distress, cluttered, foreclosed, investment, and rental properties may be
charged an additional fee, must be paid in full before the report is released, and do not qualify for the prepay discount;
failure to notify US of such a property at the time of scheduling may result in the inspection being aborted and the CLIENT
will be responsible for payment in full. Payment must be made at time of
inspection, or through the closing attorney (only if secured with a credit card).
Cancellations with less than 48 hours notice will be billed in full. If
payment is not received by 7 days after the closing date on this agreement or within 30 days of the inspection, CLIENT authorizes
King Construction, Inc. to charge the credit card listed below. Please
be advised that when services are rendered payment to King Construction Inc. indicated in the amount below is due whether
CLIENT decides to purchase the home or not. Failure to make payment within
30 days of the inspection or at closing, which ever comes first, may result in collection activity and the CLIENT understands
that CLIENT will be liable for interest from the date of the inspection, collection costs, court costs, and or attorney fees.
Does the CLIENT give US the
authorization to release the original, and/or a copy of the inspection report to the CLIENT’s Realtor or real estate
agency, solely for the purpose to aid the CLIENT who is to pay for this inspection?
Yes / No (circle one)
By signing below CLIENT understands
and agrees to all terms and conditions including the limit of liability and arbitration clause.
Location: ____________________________________________________________________________________________________________________
Desired Date: __________________
Desired Estimated Start Time:
_________________ (either 9:00 am or 1:30 pm)
Approx Total Sq. Ft.: ________________
Fee: ________________ ($50.00
Discount for payment at or in advance of the inspection) ______________
CLIENT’S): ___________________________________________________________________________________________________________________
Signature: _√_________________________________________________________________________________________________________________
Email Address: _√_____________________________________________________________________________________________________________
CLIENT’S Current Address:
_√___________________________________________________________________________________________________
Phone: _√___________________________________________________________________________________________________________________
Credit Card (circle one) Visa,
MasterCard
Card Number _√__________________________________________________
Expiration Mo/Yr _√_________________________________
3 digit security code _√____________
(last 3 digits on the back signature line of Visa or MasterCard)
Closing Date, Attorney, &
Phone: _√_______________________________________________________________________________________________
.