Inspection Agreement
- Purpose and Scope. The object of this inspection is to provide a professional, good faith opinion of the apparent condition of structures and systems of the residential real estate described herein, on the date and time of observation. This inspection and report will conform to the current Standards of Practice of the American Society of Home Inspectors (ASHI), a copy of which can be viewed at http://www.ashi.org/inspectors/standards/standards.asp, and the standards of practice for home inspectors set forth in Chapter 440 if the Wisconsin Statutes and the administrative rules applying to that chapter. Home inspections are an activity that is regulated in Wisconsin, and so this contract will refer to sections of Wisconsin law that affect this contract. The inspection is designed and intended to detect observable conditions of an improvement to residential real property, subject to certain limitations. The inspection will cover all areas as required under Wisconsin Chapter 440 and its administrative rules. The inspector will also report on any material adverse facts known or observed during the inspection.
The inspection is not technically exhaustive. This inspection does not cover any latent defects not reasonably observable during the inspection, including, but not limited to, recent repairs, paint or covering that may conceal current or prier defects, whether deliberately concealed or otherwise. This inspection will not and cannot alert inspector or client to conditions of the structure which are concealed, not readily acceptable, or would require cleaning, alteration, excavation, or destructive testing. The client understands that the inspector will not dig, probe, dismantle equipment, or remove permanent materials on items which would be damaged by such, nor will inspector enter unsafe or inaccessible areas to perform the inspection. Other limitations encountered may be noted in the report itself.
- Exclusions: The following areas are excluded from the inspection under this contract:
- Calculating the strength, adequacy or efficiency of an improvement to residential real property or a component of an improvement to residential real property;
- Entering any area or performing any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other person;
- Operating any component of an improvement to residential real property that is inoperable;
- Operating any component of an improvement to residential real property that does not respond to normal operating controls;
- Disturbing insulation or moving personal items, furniture, equipment, vegetation, soil, snow, ice, or debris, that control or remove suspected hazardous substances;
- Determining the effectiveness of a component of a residential real property that was installed to control or remove suspected hazardous substances;
- Predicting the future conditions, including the failure of a component of an improvement to residential real property;
- Projecting or estimating the operating costs of a component of an improvement to residential real property;
- Evaluating acoustic characteristics of a component of an improvement to residential real property;
- Inspecting for the presence of any hazardous substances;
- Inspecting cosmic items, underground items, or items not permanently installed;
- Disassembling any component of an improvement to residential real property, except for removing an access panel that is normally removed by an occupant of residential real property.
- This inspection also excludes opinions on:
- The life expectancy of an improvement;
- Causes for needing major repairs;
- The methods, materials, or cost of making repairs or corrections;
- The stability of improvements or components of improvements for a specialized use.
- No warranties or guarantees are expressed or implied as a result of this inspection. The inspection report is valid only for the day and time of the inspection; building systems can develop problems at the most unexpected times or even on the day of the inspection. The inspector is providing no guarantee or warranty. The client recognizes that there is no representation, guarantee, or warranty of expected or remaining future life for items inspected. The inspection and report is not an insurance policy. Client agrees to arrange the purchase of such insurance policy from others if client so desires. This report is also contingent upon the availability of the disclosure statement to the inspector of this property.
- Use of inspection report by third parties. No other person or entity may rely upon or utilize the report of inspector without acceptance of all terms, limitations, and conditions of this contract. In the event that any person, not a party to this contract, makes any claim against Inspector arising out of the services performed by inspector under this contract, that person or entity is also subject to the terms of this agreement, including and limited to, to provisions of Section 5, arbitration. The inspection report does not relieve any person or entity from any duty to disclose conditions that the inspector did not observe or report.
- Arbitration. Inspector and client (and any other person or entity claiming to have relied upon the inspection report) specifically agree that any controversy or claim arising out of or relating to this contract, or breach thereof, shall be resolved by arbitration. Arbitration shall be exclusive forum for resolving such disputes. If you have a problem with the inspection, call the inspector, Jim Seichter at 608-302-5494, immediately. The inspector and client will arrange to meet up at the property to discuss the complaint and to allow the inspector to observe the problem first hand, as it was discovered, without alteration or repair.
If, after the meeting and reinspection, there is still disagreement, it shall be resolved through arbitration with the Better Business Bureau of Wisconsin, P.O. Box 2190, Milwaukee, Wisconsin 53201-2190 (414) 847-6000.
- Governing Law and Severability of Provisions. This agreement shall be governed by Wisconsin Law. If any term or condition of this agreement is held to be invalid or unenforceable, the remainder of the terms and conditions herein shall not be affected thereby and shall remain valid and enforceable. Titles to paragraphs are for reference only.
- Entire Agreement. This agreement contains the entire understanding between inspector and client. There are no other representation, warranties, or commitments, expressed or implied, except as are specifically set forth herein. This agreement supersedes any and all representation or discussion, whether oral or written, if any, among the parties, relating to the subject matter of this agreement. This agreement may be modified, altered, or amended only by a writing signed by both inspector and client.
