This is a legally binding contract.
This is an agreement between you, the undersigned client, and us PCPI, LLC (the inspector) pertaining to the requested inspection of the structure at the address provided at the end of this contract. I authorize Pacific Coast Property Inspections, LLC to perform the inspection. I warrant that I will read the agreement carefully. I understand that I am bound by all terms of this contract. I also agree that I will read the entire inspection report when I receive it and will follow up with the inspector regarding any questions that I may have.
2. Scope of Inspection:
The inspection and report are limited to a visual inspection of the readily accessible components of the property. The inspection will be performed to generally accepted SOP (standards of practice) and compliant to InterNACHI (International Association of Certified Home Inspectors) standards of practice. For a full list of the inspection inclusions, limitations, exceptions, exclusions, and descriptions please visit http://www.nachi.org/sop.htm
You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions. You further understand that we will NOT test for the presence of radon (a harmful gas), mold, asbestos, lead paint, soil contamination, environmental hazards or violations and we do not check for compliance with applicable building codes.
3. Fee for Services:
The client agrees to pay the agreed amount stated at the end of this contract for the requested inspection at or before the time of inspection. If payment has not been received by the time of inspection, client agrees that Pacific Coast Property Inspections, LLC has the right not to release the inspection report until payment is received. Client further agrees to the additional $100 fee if payment will be paid through escrow, in which case the inspection report would be released promptly upon completion.
4. Past Due Fees:
Past due fees for the inspection shall accrue interest at 10% per year. Client agrees to pay all costs and attorney’s fees that are incurred in collecting fees owed to us. If client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
The client acknowledges that this is not a home warranty, guarantee, insurance policy, or substitute for real estate transfer disclosures which may be required by law. There is no warranty expressed or implied.
6. Property Inspection Report:
The property inspection report is intended and exclusively for the client that requested our services. Client may distribute copies of report but said persons are not intended beneficiaries of this contract or the inspection report. Client agrees to hold inspector harmless from any third party claims arising from client’s distribution of this inspection report.
7. Non-inspection and Inaccessibility:
When inspection of any system or item is limited or not inspected due to inaccessibility or for any reason, client understands that conditions affecting the structure, components, or systems may be present. Please take adequate measures to examine these systems.
Client and inspector agree that should a Court of Competent Jurisdiction determine that any portion of this contract is void and unenforceable, the remaining portions shall remain in effect.
9. Failure of Client to Sign Property Inspection Agreement:
Client agrees and understands that if he/she is not present at the time of inspection, and has not signed this agreement, we PCPI, LLC may elect to retain the property inspection report until agreement has been signed. Client further agrees that whether or not he/she has signed, by accepting the inspection report it constitutes acceptance of all the terms and conditions of this agreement.
This agreement contains the entire integrated agreement of which client and inspector agree that this contract supersedes any other agreements with respect to this subject matter unless changes or modifications are agreed to in writing and signed by both parties.
11. Inspector is a General Contractor:
The inspector possesses a general contractor’s license. Client understands the inspector is performing this inspection as a home inspector and not acting in any other professional capacity.
12. Liability Limitation:
The inspector’s liability for any claims made by the client is limited to the cost of the fee paid for the inspection. This limitation of liability applies to all claims including but not limited to breach of contract, error in report, negligence, misrepresentations, omission, concealment, violation of a statute, or any other claim brought by client. This limitation is binding on the client, assignees, spouses, principals, agents, heirs, and others acting on behalf or through the client and it applies to the inspector, inspector’s agents, employees, and inspector’s principal.
13. Disputes and Time Limit to Notify PCPI, LLC:
Client agrees that any claim for failure to report discernible conditions regarding the inspected property shall be made in writing and sent to the PCPI, LLC within 7 days of discovery. Client also agrees that, client or client’s agents, employees or hired contractors will make no changes or repairs to the claimed discrepancy prior to the re-inspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated constitutes a waiver of all claims for said failure to accurately report the condition in question.
14. Time Limit for Action:
Any legal action must be initiated within six months from the date of the inspection. Failure to initiate action within six months after the date of inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. This time period may be shorter that otherwise provided by law.
15. Attorneys’ Fees and Costs:
If a claim is made against PCPI, LLC for any alleged error, omission, or other act arising out of the performance of this inspection, and if client is not awarded damages in an amount greater that the highest amount offered in a settlement by the inspection company, client agrees to pay all costs, attorney’s fees, arbitrator’s fees, and legal expenses incurred by the inspection company and its employees, agents, inspectors, directors, shareholders, successors, and assignees in the defense of the claim. Client agrees that the exclusive venue for litigation arising from this agreement shall be in the county where we have our principal place of business.
By signing below Client acknowledges that they have read, understand, and agree to the scope of the inspection and agrees to all terms and conditions of this contract. Client also agrees to pay the fees listed below.