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Home Inspections in Santa Rosa, Petaluma, Rohnert Park, and Surrounding Sonoma County Areas
 
 
 
 
 

Authorization for Home Inspection Services

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Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

Craig Norgard
Norgard Home Inspections 18698 Hidden Valley Rd.
Hidden Valley Lake, CA. 95467
Property Inspection Contract
IT IS IMPORTANT THAT YOU READ, THIS IS A WRITTEN BINDING CONTRACT.

It is understood that the client is retaining Norgard Home Inspections to perform a home inspection pursuant to the Standards of Practice of the American Institute of Inspectors. The guidelines of the Standards of Practice are available on line through, WWW.INSPECTION.ORG

INSPECTION CONTRACT
This is a legal contract that should be read before signing. Please ask any question(s) as to the
inspection before signing this agreement. Should you sign this inspection contract with out requesting any clarification the home inspector can only assume you understood and agreed to the terms and conditions of the inspection contract. INITIALS_________

PROPERTY ADDRESS:____________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­
This “inspection report” is confidential and the sole position of the client listed below. All warranties or representations are made and limited to the “client” only and cannot be used, relied upon or considered by anyone else without the expressed written permission of the inspector and client.

CLIENT INFORMATION: Name(s)__________________________________________________________
(One signature binds spouses)
EMAIL ADDRESS:__________________________________________________________­
Payment of the inspection fee is due on the date of the inspection. FEE: $_____________

SCOPE OF GENERAL INSPECTION: Client understands Norgard Home Inspections will perform a “non-invasive limited visual inspection/physical examination” of readily accessible areas of the home as it appeared on the inspection day. No representation is made as to any condition that may change from the date of the inspection to the close of escrow. Systems to be inspected include: foundations and structures; exterior; interiors; roofing; plumbing; electrical; central heating (excluding heat exchangers); central air-conditioning (weather permitting), insulation and ventilation, hot water tanks, built-in appliances associated with the primary structure only. Inspectors are not required to put themselves at risk, or move furniture, appliances, floor coverings, storage or other items to conduct this inspection or otherwise to expose concealed or inaccessible conditions. The inspection is a non-invasive limited visual inspection, not intrusive and the purpose of the inspection and written report is to indicate whether a readily accessible item, component or system, which is identified on the written report, is reasonably operating or functioning adequately at the time of the inspection only. We do not turn on water or gas to any equipment or activate equipment and/or appliances that are not operating at the time of our inspection. If we arrive to a property and find that some or all utilities are not operating, we will proceed with the home inspection without those services. This inspector is not qualified to detect the presence of Chinese Drywall. Accordingly the issue of Chinese Drywall (and its potential problems) is beyond the scope of the inspection report. The inspection and report only includes those items and system expressly identified in the provided inspection report. Deficiencies and defects that are latent, concealed or not readily accessible are excluded from the inspection. Some typical areas which are excluded and not visibly accessible include but are not limited to: concealed wiring, concealed plumbing, water leaks under bath tubs and stall shower due to faulty pans or otherwise, non visible vent lines, non visible duct work, exterior foundation walls that are below grade or covered by shrubs or wall/paneling, stored goods, etc., footings, or television, communication cables and/or systems. Equipment, items and systems will not be dismantled and the inspection does not include destructive testing, nor is it technically exhaustive. The inspector is not required to move personal goods, debris, furniture, equipment, floor coverings, and insulation or like material which may impede access or limit visibility.

Page 1 of 3 INITIALS_________

The inspection and report excludes and does not intend to cover termites and other pests or insect damage, private sewage, water wells and related equipment, water filtration or water treatment systems, solar systems, security alarms, security bars, sprinkler systems, hot tubs/spas, swimming pools or ponds. Low Voltage Wiring: The testing or evaluation of low voltage wiring is beyond the scope of our inspection. This includes, but may not be limited to: phone lines, cable or satellite TV, alarm systems, audio/video, computer network cables. Etc. If any of these services are desired we recommend contacting a qualified technician for further evaluation. Unless otherwise stated it is understood that this home inspector is to perform a general limited visibility home inspection as a generalist and is not acting as an expert in any craft or trade. The inspection report may recommend further review by a specialist (specialist). If a recommendation is made by the inspector to a specialist it is the client’ responsibility to contact, retain at their own expense and seek appropriate advise as to said condition before the close of escrow. Upon the tendering of the home inspection report the inspector is no longer following the progress or closure of this property. INITIALS__________

This home inspection is NOT a mold inspection. If you have any concerns regarding the presence of mold, mildew or fungus, please contact a licensed professional in that trade. Also excluded are all cosmetic conditions such as wallpaper, painting, carpeting, etc. Window coverings are not within the scope of our inspection. In addition, the inspection and report does not address the possible presence or danger from radon gas, lead paint, urea-formaldehyde, underground tanks, asbestos, other indoor and outdoor pollutants and hazards, toxic or flammable chemicals and all other similar or potentially harmful substances which are normally identified by specialists in the detection of these substances; nor, does it include any air, water, soil or subsoil analysis or contamination.

NON-BINDING MANDATORY MEDIATION: The parties to this agreement agree that this mediation clause is a material term of this home inspection contract. The client is under an affirmative duty to advise the home inspector immediately upon discovering any defect that was not disclosed during the escrow. Notice of mediation must be sent return receipt request giving at least twenty days notice to the inspector to respond in writing and before litigation or arbitration is filed. Failure to give notice of mediation return receipt request preceding the filing of legal action which includes arbitration will result in the plaintiff’s right to contractual attorney fees being lost. The home inspector has the right to inspect said “alleged” defect within ten days of the notice of the defect. If resolution of same is not possible and the client believes the home inspector is culpable the client must prepare and send return receipt request a notice and demand for binding arbitration sent return receipt request allowing twenty days response by the home inspector. Failure to fulfill the terms and conditions of this agreement will result in the termination of any contractual attorney fee, expert fees and cost that the plaintiff may have been entitled to had plaintiff complied with the terms and conditions of this agreement.

BINDING ARBITRATION: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted to a Non-Binding Mediation conference and absent voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction. YOU AND WE HAVE WAIVED ALL RIGHTS TO LITIGATE USING A JUDGE OR JURY AND HAVE INSTEAD AGREED TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.

LIQUIDATED DAMAGE CLAUSE: It is agreed by all parties to this contract that the price of the inspection is conditioned on the Liquidated Damage Clause which limits the amount of the recovery by the buyer to 3 times the price of the inspection. It is understood that if there was no liquidated damage clause in the home inspection contract the cost of the home inspection would be multiple times more expensive. This liquidated damage clause is a “material” term and condition to this home inspection contract.
Page 2 INITIALS __________

RIGHT TO SUE CLAUSE: As a material condition to the terms and conditions of this contract it is acknowledged that the price of this inspection is conditioned on this clause. It is mutually agreed and for good consideration that before any action can be brought by a plaintiff against the home inspector for damages the plaintiff must resolve all contractual/damage issues with the seller of the property, as a condition precedent to this agreement.

APPLICATION OF LAW: The parties hereto shall be entitled to all discovery rights and legal motions as provided in the Code of Civil Procedure for the “State of California”. The arbitrator shall follow the law of that “State” for all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final and without right of appeal. Following the rendering of an award the prevailing party may petition to have that judgment entered in accordance with the laws of that “State”.

GENERAL PROVISIONS: This inspection contract and report do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. The home inspection and inspection report are not a substitute disclosure for real estate disclosure which may be required by law.

STATUTE OF LIMITATIONS: If no legal action or proceeding of any kind, including those sounding in tort or contract, are commenced against inspector/inspection company within one (1) year after the date of the subject inspection it is presumed that no act of negligence or in breach of contract has occurred. Time is expressly of the essence herein. This time period is shorter than otherwise provided by law. This provision is a material term of this contract. The price of the inspection is calculated on this shortened statute of limitations. INTIALS___________

This agreement shall be binding upon and insure to the benefit of the parties hereto and their heirs, successors and assigns.
NOTIFICATION OF DEFECT: If following the close of escrow a defect not reported is found no change in the condition of this alleged defect shall be made without first giving notification to the inspector of the condition. This must be made orally and in writing return receipt request to allow the inspector to see the condition before it is changed. Failure to comply with this/these terms violates the terms and conditions now and forever. INITIALS__________

CONFIDENTIALITY: This report is confidential. The client agrees to indemnify, defend and hold harmless Norgard Home Inspections from any third party claims relating to this Home Inspection or Inspection Report. The client recognizes that there is no representation, warranty or guarantee on the future life for systems and other items inspected. The client recognizes that Norgard Home Inspections and its inspector is not a guarantor for or insurer of the inspected system components, and items. The inspector is not responsible for reporting compliance or non-compliance with any building, electrical, mechanical or plumbing codes. Upon completion of the inspection, the client authorizes the disbursement of the report to their agent. The disbursement to any other party must be approved by the client separately in writing.
SEVERABILITY: 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.

FULL AND COMPLETE AGREEMENT: This agreement constitutes the entire integrated agreement and must be modified in writing signed by both parties to modify the above. The client, acknowledges that I have read, understand and agree with the terms, conditions and limitations of this “binding contract” and agree to pay the fee listed in above pages on or prior to the date of the inspection.
Date of Inspection: ________ Client’s Signature:_________________________________ Date:_________

Inspector’s Signature:______________________________ Date:_________

THE CLIENT WAS UNABLE TO ATTEND THE INSPECTION: It is important to understand that though the inspection contract may not be signed by the client his/her agent may act on their behalf. It is understood that the use of the inspection report implies acceptance of the agreement and all its items/terms by the client.

Agent for Client:____________________________________ Date:_____________

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We provide professional home and real estate inspection services throughout the following counties: Sonoma, Marin, Napa and Lake Counties. 

 
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