Sterling Property Inspections
Inspection Agreement

Client -                                     Date – 

Property Address - 

SCOPE OF THE INSPECTION
The real estate inspection to be performed for the client is survey and basic operation of the systems and components of the building which can be reached, entered or viewed without difficulty, without moving obstructions or requiring any action which may result in damage to the property or personal injury to the inspector. The inspection, performed for the fee listed below, is intended to discover identifiable material defects in the building systems, components and structure as they exist at the time of the inspection. A material defect is defined as a condition that significantly affects the safety, habitability, value or desirability of the building. It is understood by the client that concealed defects, or components at the end of service life can go undiscovered in the course of this inspection. The purpose of the inspection is to provide the Client with information regarding the general condition of the building.
The inspection shall be performed in accordance with the Standards of Practice of the California Real Estate Inspection Association (CREIA), attached hereto.
In adhering to the Standards referenced above, the inspection is not technically exhaustive. Dismantling equipment, measuring, testing or performing calculations for any system to determine capacity or compliance with any standard is outside the scope of this inspection.

CLIENT’S DUTY
Client agrees to read the entire written report when it is received and promptly call the Inspector with any questions or concerns regarding the inspection or written report. The written report shall be the final and exclusive findings of the Inspector.
Client acknowledges that Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information which can affect Client’s purchase decision. Client agrees to obtain further evaluation of reported conditions before removing any investigation contingency and prior to the close of the transaction
In the event Client becomes aware of a reportable condition which was not accurately
reported by Inspector, Client agrees to notify Inspector, in writing, within 10 days of discovery. Client agrees to allow the Inspector or the Inspector’s designated representative to re-inspect said condition prior to making any repair, alteration or replacement. Failure to follow this procedure shall constitute a waiver of any and all claims relating to the alleged material defect.

ENVIRONMENTAL CONDITIONS
Client agrees what is being contracted for is a building inspection and not an environmental evaluation. The inspection is not intended to detect or identify any health or environmental conditions regarding this building or property, including, but not limited to: the presence of asbestos, radon, lead, urea-formaldehyde, fungi, molds, mildew, PCBs or other toxic, reactive, combustible or corrosive contaminants, materials or substances in the water, air, soil or building materials. The Inspector is not liable for injury, health risks or damage caused by these conditions.

INSPECTION REPORT CONFIDENTIALITY
The inspection report is produced for the Client exclusively and solely for the client’s own information and may not be relied upon by any other person. The Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose it, or any part of it, to another person. The Client of the Inspector may distribute copies of the inspection report to the seller and real estate agents directly involved in this transaction. Distribution of the inspection report to these parties is not intended to benefit the seller or agents involved. The Client agrees to hold the Inspector harmless, indemnify and defend from any third party claims arising out of the clients unauthorized distribution of the inspection report.

MEDIATION
The parties of this agreement agree that prior to the filing of any legal action each party is bound to participate in a mediation before a locally recognized mediator accepted by all parties and familiar with the inspection Standards of the California Real Estate Inspection Association, as well as applicable civil code provisions. In the event that the mediation cannot resolve the dispute then the dispute, interpretation, or claim including but not limited to breach of contract, any form of negligence, misrepresentation, fraud or theory of liability arising from or related to the inspection or the inspection report shall be submitted to binding arbitration. The arbiter shall be familiar with the Standards of the California Real Estate Inspection Association. The decision of the arbiter shall be final and binding and the judgement of the award may be entered in any court of competent jurisdiction.

GENERAL PROVISIONS
The written report is not a substitute for any transferor’s or agent’s disclosure that may be required by law, or a substitute for Client’s independent duty to reasonably evaluate the property prior to the close of the transaction. This inspection Agreement, the real estate inspection, and the written report do not constitute a home warranty, guarantee or insurance policy of any kind whatsoever.
No legal action or proceeding of any kind can be commenced against the Inspector or Inspection Company, or its employees, officers or agents more than one year after the date of the inspection. Any dispute must be presented within one year of the date of the inspection. Said dispute shall be defined as any form of mediation, arbitration, dispute resolution, civil lawsuit or action brought in any court. THIS TIME IS SHORTER THAN OTHERWISE PROVIDED BY LAW.
If any portion of this agreement is found to be invalid or unenforceable the remaining parts of the contract shall remain in full force and effect. This contract shall be binding upon the undersigned parties and their heirs, assigns and successors. The Client acknowledges that they have read, understood and agreed voluntarily to all the terms, limitations and conditions of the contract.

Client acknowledges having read and understood all of the terms, conditions, and limitations of the Agreement and voluntarily agrees to be bound thereby and to pay the fee listed here.

INSPECTION FEE:  $

Client Signature____________________________________________Date___________

Client Printed Name:   ________________________________

Inspector: Daniel Sterling  ______________________      Date of Inspection: _______