CHECK FIRST HOME INSPECTION
6204 RUGGLES FERRY PIKE
KNOXVILLE, TN 37924
TEL: (865) 521-6025
EMAIL: checkfirst@bellsouth.net
WEBSITE: www.checkfirst.org

INSPECTION AGREEMENT

I (Client) hereby request a limited, non-invasive visual inspection of the structure at the named address named on page 2 of this contract, for my sole use and benefit.  I warrant that I will read the following agreement carefully.  I understand that I am bound by all the terms of this contract.  I further warrant that I will read entire inspection report when I receive it and promptly call the inspector with any questions I may have.

SCOPE OF THIS INSPECTION:  The scope of the inspection and report is a limited non-invasive visual inspection of the general systems and components of the home to identify any system or component listed in the report which may be in need of immediate major repair.  This inspection will be performed in accordance with the Standards of Practice as set forth by the State of Tennessee Home Inspection Licensing Program which is administered by the Tennessee Commissioner of Commerce and Insurance. (Tennessee Home Inspector License Act of 2005, T.C.A. 62-6-301 et seq.) http://michie.lexisnexis.com/tennessee

OUTSIDE THE SCOPE OF THE INSPECTION:  Any area not exposed to view, is concealed, or is inaccessible because of soils, walls, floors, carpets, ceilings, furnishings, or any other thing is not included in this inspection.  The inspection does not include any destructive testing or dismantling.  Client agrees to assume all risk for all conditions which are concealed from view at the time of the inspection.  If inspection is for a limited number of systems or components, inspection is limited only to those systems or components. 

Whether or not they are concealed, a Tennessee home inspection is not required to address the following:

* THESE ARE NOT REQUIRED IN TENNESSEE (SOME OF THE ITEMS MAY BE INCLUDED IN THIS INSPECTION FOR ADDITIONAL FEES – CHECK WITH YOUR INSPECTOR)

Your inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any craft or trade.  If your inspector recommends consulting other specialized experts, Clients must do so at Clients expense.  This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law.

CONFIDENTIAL REPORT:  The inspection report to be prepared for Client is solely and exclusively for Client’s own information and may not be relied upon by any other person.  Client may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction (“non-client”), but said persons are not specifically intended beneficiaries of this Agreement or the inspection report.  Client and Inspector do not in any way intend to benefit any non-client directly or indirectly through this agreement or the inspection report.

DISPUTES:  Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, or any claims that there was any error or omission in the performance of the inspection service or writing of the report, as limited herein above, shall be made in writing and reported to the Inspector by Client within ten business days of discovery. Failure by client to do so shall be deemed a waiver of such objection.   In addition, if Inspector determines that Client has a legitimate dispute or claim, the Client will provide Inspector the reasonable opportunity to resolve the issue and cure said dispute or claim.

LIMITATION OF LIABILITY:  If Inspector, employees of Inspector, or agents of the Inspector, are careless or negligent in performing the inspection and/or preparing the report and/or providing services under this agreement, Inspectors liability is limited to the fee paid for the inspection service.  Upon refund of the fee, Client shall be deemed to have released Inspector, its agents and employees from any additional liability.  Inspector has no responsibility for the possibility Client may lose an opportunity to renegotiate with the seller.  There will be no recovery for secondary or consequential damages by any person.  Please initial that you have read and agree to this limit of liability (              ).

ATTORNEY’S FEES:  The prevailing party in any dispute arising out of this agreement, the inspection, or reports shall be awarded all attorney’s fees, mediation fees and other cost.  In the event of a dispute between Inspector and Client, both parties agree to submit to good faith non-binding mediation before either may file suit against the other.

SEVERABILITY:  Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect.

Printed Clients Name: _________________________________________________          

Address to Inspect: ____________________________________________________

Clients Primary Email Address: _________________________________________

Clients Most Reachable Phone Number: ___________________________________

By signing below you acknowledge that you have read, understand and agree to the scope of the inspection and agree to all of the terms and condition of this contract.  You also agree to pay the agreed upon fees prior to actual inspection and receipt of report.

Client: x____________________________________________    Date: _____________   

Client: x____________________________________________   Date: _____________