Dan Kopp, ACI
Call 208-941-0243 Boise, Meridian, Nampa, Caldwell, Eagle, Kuna, Star, and surrounding areas
Schedule Your Home Inspection ASHI Certified #244451

Home Inspection Contract

WHAT YOUR INSPECTION INCLUDES. We will make a visible inspection of the prominently visible and accessible areas of the property. The inspection is a reasonable effort to assess the DURABILITY and SERVICEABILITY of the components of the property in its present state as these items "significantly" affect the value, habitability, or safety of the dwelling. "Significantly" as used herein means a condition that is "important or consequential" - in general a deteriorated condition for which the expense to repair would exceed $500.00. Our analysis is limited to our written Report. The Report does not evaluate style, cosmetic deficiencies, aesthetics, or location of a property. The determination of the existence of any finalized building permits for this or any related structures on the above property is beyond the scope of this inspection.

THE INSPECTOR WILL ATTEMPT TO BE FAIR BY POINTING OUT BOTH THE STRONG AND WEAK POINTS OF THE PROPERTY. Home ownership brings with it certainty that failures and repairs will occur. Your home inspection will not be able to predict all such occurrences, but the inspection by our professional inspector and the resulting Report, should provide you with a useful tool.

Our inspections are not intended as a service call. Operable conditions of mechanical, electrical, plumbing devices or other items are only surmised from the visible evidence. No maintenance services, removal of cowlings, or destructive discovery can or will be performed. Should we locate an item that is not serviceable, or creates doubt for our inspector, then we will suggest that a licensed tradesperson be contacted to investigate further or make repairs. This could require an additional fee to the appropriate specialist and may require, among other things, servicing equipment or destructive discovery.

This inspection is not conducted to detect every minor problem or condition that may exist in the building. Cosmetic deficiencies are to be considered obvious and will not be reported. It is understood that if such a listing is desired, that service is beyond the parameters of a regular Home Inspection and requires and additional fee.

You are encouraged to be on the site at the time of the inspection or arrive near the completion of our inspector's evaluation, so that the inspector can review the inspection Report with you in person. If you are unable to attend, we will be happy to try and answer your questions by phone. Should an additional visit to the property be required, it will be billed at our hourly rate.

The home inspection will be performed in accordance with the Standards of Practice of the American Society of Home Inspectors, the terms of which are incorporated in this agreement. A copy of the Standards of Practice is available upon request and at http://ashi.org/. For a list of equipment and components of the home which are not to be operated or tested, refer to the Standards of Practice.

Valley Home Inspection has affiliations with third-party service providers ("TPSP") in order to offer value-added services to our Clients. The company may also arrange for these TPSP's to send literature or make post-inspection contact with our clients.

RISK OF BUYERS & SELLERS

Buyers are always at risk. THE VISUAL INSPECTION MAY ILLUMINATE SOME AREAS OF RISK, BUT CANNOT ELIMINATE IT. THE INSPECTOR IS LIMITED TO THE EXISTING CONDITIONS CLUES AND SYMPTOMS ON THE DAY OF THE INSPECTION, AND THE INSPECTOR CANNOT BE LIABLE FOR NONVISIBLE, OBSCURE, OR CONCEALED FAULTS. Claims for concealed conditions, whether intentional or unintentional, must be made against the seller of the property.

The most conscientious visual inspection is not capable of determining all conditions that actually exist within a house. We make a random evaluation of some components and of course, cannot move furniture, etc., to obtain access. Even with our thorough visual inspection, these are some examples of the types of things our inspection cannot determine:

  1. Improperly made wiring connections. Random outlets or switches that do not function. Concealed electrical defects.
  2. Cracks in fireplaces, chimneys, flue liners or combustion chambers or heat exchangers.
  3. A drafty or hard to heat home. Failed seals on dual pane windows.
  4. Leaks or defects that only occur under certain conditions or that are intermittent.
  5. The inner workings of mechanical items.
  6. Underground, concealed or inaccessible systems or components, including concealed moisture damage or mold growth.

Although, there are many items that our Inspector might determine or surmise if given enough time, our evaluation is also limited by a reasonable investment of the Inspector's time for the fee paid. There are, therefore, other items that could be added to the above list after a reasonable and competent inspection on any particular property.

HAZARDOUS MATERIALS ARE BEYOND THE SCOPE OF THIS INSPECTION REPORT. The inspector is not an environmental expert. If asbestos, mold, electromagnetic fields, fiberglass, formaldehyde, hazardous wastes, lead, radon, soil contamination, or the quality of drinking water and waste disposal are a concern, please contact an appropriate expert.

CODE COMPLIANCE

The inspection is one of "Serviceability", NOT code compliance. By necessity, our inspection deals with existing structures, which may have older types of wiring, plumbing, heating, etc. As an illustration, today, most local building departments require ground fault interrupter circuits, insulation in the exterior walls, anchor bolts, and many other items, which have not always been included in the building codes. Homes without these installations can be "serviceable", even though they do not meet current codes (or may not even be desirable for modern life styles.) We assume, but do not warrant, that the "then current" codes were complied with at the time of construction.

As an example: A home may have only two (2) electrical outlets in a bedroom, where the current requirement is usually four (4) - as long as the condition is "serviceable" under the conditions existing at the time of the design of the system, our Report will not contain negative comments. We will simply state the factual conditions we encountered. It is assumed that purchasers of old homes expect to receive old plumbing, old wiring, old heating systems, old flooring, old siding, etc. The desirability of owning older designs is a matter of taste and is the decision of the buyer. The Code of Ethics of the American Institute of Inspectors EXPLICITLY EXCLUDES COMMENTING on "DESIRABILITY" regarding style, aesthetics, or location.

WARRANTIES and INSURANCE

The inspection and report are not intended to be construed as a guarantee or warranty, expressed or implied, including any implied warranty of the merchantability or fitness for use regarding the conditions of the property, items and systems inspected, and should not be relied upon as such. This company assumes no liability and shall not be liable for mistakes, errors, or omissions in judgment of its employees or principals. This limitation of liability shall include and apply to all consequential damages, bodily injury, and property damage of any nature whether intentional or unintentional.

YOU SHOULD NOTE

The conditions stated in the report are NOT repair requirements or even suggestions. Some items in the report are, by definition, subjective and the "opinion only" of the Inspector stating the relative conditions encountered. Our intention is to provide an unbiased analysis. Our inspector will not comment on the quality of materials and workmanship. While we may offer suggestions, final decisions regarding maintenance or repairs are left to you and your tradesperson.

In addition, the inspector is not allowed to answer the question: "Would you buy this home if you were me?" Our purpose is to create a Report that can help you in your decision, but you should not base the decision to buy solely on our Report. Your decision to purchase this home includes responsibility for the future maintenance of the grounds, structure, and mechanical/electrical/plumbing systems. Unfortunately, some homebuyers later wish that they had not bought their home. Because you are a thoughtful consumer, we do not expect that situation to develop. But in the unlikely event is should, your signature below waives the claim "But for your inspection, I would not have bought this home," and other similar claims.

Time is of the essence to this agreement. In the event either party fails to comply with the provisions herein, all rights shall terminate. No further notice is required or shall be given. Paragraph titles and headings are not to be considered part of this agreement. This document along with the inspection report form contains the entire agreement between the parties and supersedes all prior agreements or representations with respect to the services for which the agreement was drawn.

DISPUTE RESOLUTION

If you feel that the inspection was negligent in some respect, you are personally expected to immediately (and in no instance, more than one year from the date of the inspection) communicate this IN WRITING to our address, PO Box 719, Nampa Idaho 83653. Communication must be from the party originally contracting with us for our service. {NOTE: If you call in contractors to comment on a component, you can expect subjective and biased opinions from their sales people in an effort to generate work.} However, we will respond to any legitimate complaint. We believe that the difference between a good company and a bad company is how they handle their mistakes, and we want you to know that we intend to be a good company. If we are unable to come to a resolution as a result of communication between the parties, you are next required to submit to nonbinding mediation. Mediation is a process by which people come together with one or more professionally trained and experienced mediators who assist them in resolving their dispute by negotiating a mutually satisfactory agreement. The result of a successful mediation hearing is a written settlement agreement that is legally enforceable. If mediation is unsuccessful, the parties may then proceed to arbitration as outlined below.

You agree that any unresolved dispute, controversy or claim arising out of or in connection with this agreement or the breach thereof shall be submitted to final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspectors Disputes of Construction Arbitration Services, Inc. Any court of competent jurisdiction may enter the judgment on the decision of the arbitrator(s). The parties shall have the right to discovery in accordance with state codes of civil procedure. The accepted standard against which the inspection shall be judged will be the "Standards of Practice" as published by the American Society of Home Inspectors. (Exceptions to mandatory arbitration include the filing or enforcement of a mechanic's lien and the filing of judicial action to enable the recording of a notice of pending action, for attachment, receivership, injunction, or other provisional remedies. Any such action shall not constitute a waiver of the right to arbitrate under this provision.)

Property or equipment in dispute must be made accessible for re-inspection and/or arbitration. All inspections will be judged against the performance of a reasonably fair and diligent inspection and not against results or occurrences. No consideration shall be given to clients who fail to perform a pre-closing walk-through inspection prior to transfer of title. By agreement herein, no settlement in favor of the client shall exceed the lower amount of three times the inspection fee, or $1,000. Disputes must be initiated within one year of the date of the original inspection. Disputes settled without favor to the client will mandate payment of fees to Valley Home Inspection at the hourly rate below for time invested by the inspector, his/her representatives, staff or principals.

SUBSTITUTE DISCLOSURE

The inspection performed by the inspector is supplemental to any real estate transfer or Seller's Disclosure Statement and shall not be used as a substitute for such Disclosure Statements. The inspection fee is stated below, if collection action is instituted on these fees, I (we) promise to pay resulting collection and/or attorney's fees. Deferred payments are subject to a surcharge of 20% if not received within 3 days of the date of the inspection or the due date, (for example a $300.00 Fee = $60.00 surcharge). Plus, fees are subject to interest at 1.5% / month. NOTE: The Inspection Fee is for the initial inspection service performed on the property. Re-inspections, Research, or Expanded Reports, (including disputed issues, litigation support, depositions, document retrieval, document preparation and expert witness consultations, requiring investment of time by our staff or principals), will be payable at the rate of $125.00 per hour.

By clicking the 'I Agree' button, I the client acknowledge that I have read, fully understand and will adhere to all of the terms, conditions and limitations of this contract and voluntarily agree to be bound thereby.

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I have carefully read and understood this contract and agree to the terms and conditions therein.

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By clicking the 'I Agree' button, I the client or agent representing the client, acknowledge that I have read and understood all the terms, conditions and limitations of this contract and voluntarily agree to be bound thereby.