Authorization for Home Inspection Services

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.


Client hereby engages Dakota Quality Home Inspections (“Inspector”), collectively referred to herein as the
“Parties,” through this Home Inspection Agreement (the “Agreement”) to perform a basic, onetime visual inspection
(the “Inspection”) of the property located at the address noted on the Authorization Form of Page One (the
“Property’). The Parties understand and voluntarily agree as follows:

1. Inspector agrees to perform the Inspection of the Property and to provide Client with a written report (the
“Report”) identifying the defects that Inspector both observed and deemed material. Client understands
some problems are intermittent and may not be obvious at the time of the Inspection (e.g., the roof may
leak only under certain circumstances). Inspector may offer comments as a courtesy; these comments shall
not comprise the Report. The Report is supplementary to any disclosure by the selling party.

2. Client agrees that all necessary arrangements with the selling party for the Inspector to enter and inspect the
Property have been made.

3. The Inspection is intended to assess the general condition of the Property through inspection of readily
assessable components, not concealed components, and provide Client with a written evaluation. Inspector
reserves the right to change the Report within fourteen (14) days of the original date of the Report.

4. Unless otherwise inconsistent with this agreement or not possible, Inspector agrees to perform the
Inspection to those standards set forth by the American Society of Home Inspectors (“ASHI”). These
standards can be found at Although Inspector agrees to follow ASHI standards, Client
understands that there are limitations, exceptions, and exclusions to these standards. Client understands
that ASHI is not a party to this agreement and has no control over Inspector or representations made by
Inspector and does not supervise Inspector. Unless otherwise indicated in separate writing, Client
understands that Inspector shall not be testing or looking for the presence of, among other things: radon,
mold, asbestos, lead paint, formaldehyde, soil contamination, and other environmental hazards or
violations; structural, geological, soil, or hydrological stability; water softener or purifier systems, water
wells, and related pressure tanks and pumps; furnace heat exchangers, solar heating systems, and
freestanding appliances; window coverings; landscape or farm irrigation systems; trees, shrubs, or
vegetation of any kind; any item which is hidden from view or impractical to test; any system or
component, condition, or application noted in the report as not inspected, not determined, or not reported
on; or all pools or spas. Air quality in the Property is not tested. Client understands that Inspector shall not
test for compliance with applicable building codes or installation and zoning violations.

5. The Inspection and the Report are for the use of Client only, and Client specifically warrants that there are
no third parties who are intended beneficiaries of this contract. Client gives Inspector permission to discuss
observations with real estate agents, owners, repairpersons, and other parties deemed necessary by
Inspector. Inspector shall be sole owner of the Report and all rights to it. Inspector accepts no
responsibility for use or misinterpretation by third parties. The 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 Property 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 part 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 Inspector to inspect and evaluate them. Therefore, the scope of the Inspection does not
include decay of the interior of logs in log walls, log foundations or roofs, or similar defects impossible to
evaluate given the unique characteristics of log construction.

6. Inspector assumes no liability for the cost of repair or replacement of unreported defects or deficiencies
either current or arising 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 Inspector 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 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 Property even if Client has been
advised of the possibility of such damages. The Parties acknowledge that the liquidated damages are not
intended as a penalty but are intended (1) to reflect the fact that actual damages may be difficult and Page 3 of 3
impractical to ascertain; (2) to allocate risk among Inspector and Client; and (3) to enable Inspector to
perform the inspection at the stated fee.

7. Inspector does not perform engineering, architecture, plumbing, electrical, or any other job function
requiring an occupational license in the jurisdiction where the inspection is taking place, unless Inspector
holds a valid occupational license, in which case it may inform Client that it is so licensed, and is therefore
qualified to go beyond the Inspection, and for an additional fee, perform additional inspections beyond
those within the scope of the Inspection. Any agreement for additional inspections shall be in separate

8. In the event of a claim against Inspector, Client agrees to supply Inspector with the following: (1) written
notification of the alleged defect via certified mail to 2008 River Drive NE, Mandan, ND 58554 within
fourteen (14) days of taking occupation of the Property; and (2) access to the Property to inspect the alleged
defect. Failure to comply with the above conditions shall release Inspector and its agents from any and all
obligations or liability of any kind. Client agrees that problems discovered after the Inspection may require
a specialist’s opinion. Inspector shall have no liability for any claim or complaint if conditions have been
disturbed, altered, repaired, replaced, or otherwise changed before Inspector has had a reasonable period of
time to investigate.

9. The Parties agree that any litigation arising out of the Agreement shall be filed only in the Court having
jurisdiction in the County in which 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. In any action against Inspector, Client waives trial by jury.

10. If any court declares any provisions of this agreement invalid, the remaining provisions shall 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 thirty
(30) days from the date of the Inspection.

11. Payment of the fee to Inspector (less any deposit) is due upon completion of the onsite Inspection. Client
agrees to pay all legal and time expenses incurred in the collection of due payments, including attorney’s
fees, if any. If Client is a corporation, LLC, or similar entity, the person signing this Agreement on behalf
of such entity does personally guarantee payment of the fee by the entity.

12. If Client requests re-inspection, the re-inspection is also subject to all the terms and conditions set forth in
this agreement, including fee for inspection.

13. This agreement is not transferable or assignable.

14. Should any provision of this Agreement require judicial interpretation, the Court shall not apply a
presumption that the term shall be more strictly construed against one party or the other by reason of the
rule of construction that a document is to be construed more strictly against the party who prepared it.


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