HOME INSPECTION AGREEMENT AND DISCLOSURE This Agreement is made between “Client” (the individual or entity requesting the Inspection) and “CO Home Inspections” for the visual inspection of the real estate property identified herein (“Property”).
1. Authorization and Client Presence
The Client authorizes CO Home Inspections to perform a limited, visual inspection of the Property (the “Inspection”), consisting of observations of specific, readily accessible elements. The Client is encouraged to attend the Inspection but assumes all risk for any personal injury or property damage incurred while doing so.
2. Inspection Summary
CO Home Inspections will provide a written Inspection Summary identifying conditions observed during the Inspection, along with general remediation suggestions. The Inspection Summary is not a substitute for design or construction documents and must not be used for construction, bidding, or estimating. Any use beyond its intended purpose is at the Client’s own risk. The Summary is the exclusive, non-transferable property of the Client and will be delivered via email. A mailed copy will be sent upon request.
3. Scope and Accessibility
The Client is responsible for ensuring full access to the Property at the scheduled time and disclosing any known hazards. The Inspection is a non-invasive, visual examination of accessible systems and components. It is not technically exhaustive and does not determine code compliance or adherence to manufacturer specifications. Items not explicitly included in the Summary were not inspected and are outside the scope.
4. Excluded Areas and Limitations
CO Home Inspections will not inspect concealed or obstructed areas, including those blocked by walls, flooring, insulation, debris, furnishings, or adverse conditions such as water or snow. No dismantling or destructive testing is performed. The Inspection does not assess compliance with laws, ordinances, or codes and is not a warranty or guarantee of future performance.
5. Weather and Environmental Conditions
The Inspection is limited by weather or environmental conditions present at the time of the Inspection. Rain, snow, ice, and similar conditions may restrict visibility or accessibility to certain areas or systems.
6. Photographic Documentation
CO Home Inspections may take photographs or videos during the Inspection to document observations. These materials are the property of CO Home Inspections and may be used for reporting, training, or legal defense if necessary.
7. Ancillary Services Disclaimer
This Agreement applies solely to the general home inspection. Additional services offered by CO Home Inspections, such as radon testing or sewer scope inspections, are covered under separate agreements and scopes of work.
8. Inspection Fee
Client agrees to pay the Inspection Fee prior to or at the time of the Inspection. CO Home Inspections reserves the right to withhold the Inspection Summary until full payment is received.
9. Limited Warranty
CO Home Inspections warrants only that the Inspection will conform to the Scope as defined in this Agreement. THIS IS A LIMITED, NON-TRANSFERABLE WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. CO Home Inspections makes no guarantee that the Property is free from defects. Client waives any claims for consequential, incidental, or exemplary damages.
10. Limitation of Liability
Should CO Home Inspections be found liable for any reason related to the Inspection or Inspection Summary, liability shall be limited to the Inspection Fee paid. This liquidated damages clause is intended to reflect a reasonable estimate of potential loss, allocate risk, and allow affordable pricing of the Inspection.
11. Client Indemnification
Except as otherwise provided, the Client agrees to indemnify and hold harmless CO Home Inspections, including its employees and agents, from any claims, damages, or liabilities arising from this Agreement or the Inspection.
12. Third-Party Claims
The Inspection Summary is intended for the Client only. No third party may rely on its contents. The Client agrees to indemnify CO Home Inspections against any legal claims, costs, or liabilities arising from unauthorized use or distribution of the Inspection Summary.
13. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through mediation conducted in the State of Colorado before initiating litigation.
14. Attorney’s Fees
If the Client brings a claim and does not prevail, the Client agrees to pay all costs and attorney’s fees incurred by CO Home Inspections in defense of such claim.
15. Miscellaneous
This Agreement shall be governed by the laws of the State of Colorado. If any provision is found invalid or unenforceable, the remainder shall remain in effect. This Agreement represents the complete understanding between the parties and supersedes all prior agreements or communications. Modifications must be in writing and signed by both parties. This Agreement is binding upon the parties and their successors, heirs, and assigns. Any claim must be brought within one year of the Inspection date.
