Victory Inspections LLC Agreement

Hello, and thank you for choosing Victory Inspections. 

This pre-inspection agreement is guidelined by InterNACHI and New York State standards of practice.

Please review the following pre-inspection agreement and submit the form below.

Please submit this form before the day of the inspection. 

This is an agreement between you{{CLIENT_NAME}}, the undersigned Client, and us, the Inspector, pertaining to our inspection of the Property at: {{ADDRESS}}. The terms below govern this agreement.

The fee for our inspection is ${{PRICE}}, to be paid in full before the appointment.

We ask that you or your agent contact the homeowners before the inspection and ask the following. 

• Please have all pets/animals removed from the home or put away. 

• We ask and recommend having the home to ourselves throughout the inspection and walkthrough. We understand this is not always possible, but it is preferred. It allows us to speak freely with the clients and access all areas/rooms.

• Please Confirm we have full access to the home and/or all apartments. Victory Inspections is a member of the GSAR and has access to Supra Lock Boxes. If the home does not have a Supra Lock Box, please let us know how we will get into the home before the inspection. 

• It is crucial before the inspection to have the homeowner create access to all rooms and major systems of the home. For example, closets with attic hatches, Basement/Attic steps, areas in front and around electric panels, thermostats/furnaces, water heaters, etc... As NYS inspectors, we are not permitted to move homeowners' belongings. We may not enter a space such as an attic or crawl space if deemed unsafe or difficult to access. These areas may be void in the report due to a lack of safe or easy access. 

• Have all services on in the home. Gas, Water, Electrical, etc... As NYS inspectors, we are not permitted to operate main cutoff switches, breakers, or valves. We can not light piolet lights or start fires if the unit's piolet lights are not already lit.

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written/digital report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller's disclosure.

2. Unless otherwise inconsistent with this agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors ("InterNACHI") posted at https://www.nachi.org/sop.htm. as well as New York state standards of practice. Although INSPECTOR agrees to follow Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. 

3. Unless otherwise indicated with your chosen service, CLIENT understands that INSPECTOR will NOT be automatically testing for the presence of radon. This colorless, odorless, radioactive gas may be harmful to humans. The CLIENT understands that INSPECTOR will NOT be testing for mold. The CLIENT understands that INSPECTOR will not test for compliance with applicable building codes or the presence of potential dangers arising from asbestos, lead paint, lead water, formaldehyde, molds, soil contamination, and other environmental hazards or violations. As part of New York state standards of practice, we will perform visual, non-intrusive inspections of all major systems around the home but will not exceed limitations or standards of practice. For example, New York State home inspectors are not permitted to walk on roofs but will perform safe visual inspections. For example two, New York State home inspectors are not permitted to run air conditioner units if the temperature is below 65 degrees within the past 24 hours. For example three, the Inspector can only visually inspect attics and crawlspaces that have appropriate and/or safe access. We are not permitted to walk in spaces deemed unsafe by the Inspector and/or do not have proper floors. If areas do not have safe, reasonable, walkable headroom, we have the right to choose not to enter. We also can not move the homeowner's belongings to gain access to these spaces. These are just examples; a full breakdown of New York State standards of practice for Home Inspections can be found at NewYorkstate.gov.

4. The inspection and report are for the use of the CLIENT only, who permits INSPECTOR to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for the use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR'S inspection of the Property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability, or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law. If any structure or portion of any structure that is to be inspected is a log home, log structure, or includes similar log construction, CLIENT understands that such structures have unique characteristics that make it impossible for an inspector to inspect and evaluate them. Therefore, the scope of the inspection to be performed pursuant to this agreement does not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.

5. INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies, either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, and/or employees for claims or damages, costs of defense or suit, attorney's fees, and expenses arising out of or related to the INSPECTOR'S negligence or breach of any obligation under this agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special, or incidental damages or for the loss of the use of the home/building. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.

6. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place unless the Inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is, therefore, qualified to go beyond this basic home inspection, and for an additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in separate writing. 

7. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.

8. The parties agree that any litigation arising out of this agreement shall be filed only in the court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses, and fees of INSPECTOR in defending said claims. CLIENT further understands that any legal action against InterNACHI itself allegedly arising out of this Agreement or INSPECTOR's relationship with InterNACHI must be brought only in the District Court of Boulder County, Colorado. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.

9. If any court declares any provision of this agreement invalid, the remaining provisions will remain in effect. This agreement represents the entire agreement between the parties. All prior communications are merged into this agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors, and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.

10. Past-due fees for your inspection shall accrue interest at 8% per year. You agree to pay all costs and attorney's fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.

11. If the CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement.

12. This agreement is not transferable or assignable.

13. If a court finds any term of this agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You have the opportunity to consult qualified counsel before signing this.

14.  If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.

By signing this, you give authorization for us to share findings with your real estate agent unless you have specifically in writing asked us not to do so.

CLIENT OR CLIENT'S REPRESENTATIVE HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.