HOME SCAN SPECIALISTS LLC
PRE-INSPECTION AGREEMENT
Florida Home Inspector License # HI18638
16000 Pines Blvd Unit 820063, Pembroke Pines, FL 33082
Phone: (954) 840-8488 | Email: info@homescanspecialists.com
This Agreement is made on , by and between Home Scan Specialists LLC ("Company," "we," or "us"), and ("Client" or "you"), for the performance of a limited visual home inspection at the following property:
, , , Florida
Inspection Fee: $ (due in full prior to the inspection; non-refundable except as expressly stated herein).
IMPORTANT NOTICE: THIS IS A LEGAL CONTRACT THAT SIGNIFICANTLY LIMITS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT, RECOVER DAMAGES BEYOND A STRICT CAP, AND OBTAIN A JURY TRIAL. YOU SHOULD READ IT CAREFULLY AND CONSULT INDEPENDENT LEGAL COUNSEL BEFORE SIGNING. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW AND UNDERSTAND ALL TERMS, INCLUDING THE LIMITATION OF LIABILITY, CLAIM PROCEDURE, AND MANDATORY ARBITRATION PROVISIONS.
1. Scope of Inspection.
The Company shall perform only a limited, non-invasive, visual inspection of readily accessible systems and components at the Property on the date of inspection. The inspection and any resulting written report (the "Report") shall be conducted substantially in accordance with the Florida Standards of Practice (Fla. Stat. §468.8311 et seq. and Fla. Admin. Code 61-30) and InterNACHI standards, as they exist on the Effective Date. The Report reflects ONLY the observable conditions visible at the exact time of the inspection under the conditions present then. It is NOT technically exhaustive, does not constitute an engineering study, structural analysis, environmental assessment, code compliance inspection, warranty of any kind, guarantee of habitability, safety, fitness for purpose, or prediction of future performance, conditions, or defects. The Report is supplementary only to any seller disclosures and does not relieve you of your independent duty to investigate the Property thoroughly.
2. Limitations and Exclusions.
This inspection and Report expressly exclude, without limitation: any hidden, latent, concealed, or inaccessible defects or conditions; any systems or components not readily accessible without moving personal property, furniture, appliances, or stored items; mold, mildew, fungi, allergens, asbestos, lead, radon, Chinese drywall, or any environmental, biological, or hazardous substances; pest or wood-destroying organism inspections; septic, well, or private water/sewer systems; swimming pools, spas, or related equipment; code violations or compliance with building codes, zoning, or regulations; appraisals, valuations, or marketability assessments; predictions of remaining useful life; energy efficiency audits; and any guarantees or warranties (express, implied, or statutory) of any kind, including but not limited to merchantability or fitness for a particular purpose. The Company does NOT inspect for or guarantee against future defects, leaks, failures, or changes in conditions due to weather, use, occupancy, or any other factor. NO warranties are provided, and none shall be implied.
3. Client Responsibilities.
You must: (a) Provide full, safe, and lawful access to the entire Property and ensure all utilities (electric, gas, water, etc.) are turned on, functional, and safe for inspection; (b) Be present or designate a competent adult representative to attend the entire inspection; (c) Notify the Company in writing at least 24 hours in advance of any known hazards, dangerous conditions, or access limitations; (d) Immediately and thoroughly review the Report upon receipt and consult qualified, licensed professionals (e.g., engineers, contractors, specialists) before taking any action, making repairs, or relying on the Report for any decision; and (e) Not rely on the Report as the sole basis for any real estate transaction or decision. Failure to comply with any of these obligations fully and timely releases the Company from all liability and constitutes a material breach by you.
4. Payment.
Full payment of the Inspection Fee, along with your signed Agreement, is required to confirm and perform the inspection. Accepted payment methods are credit/debit card or Zelle. Payment is NON-Refundable except as expressly provided in the Cancellation section. All payments are earned upon scheduling.
5. Cancellation and Rescheduling Policy.
Cancellations or rescheduling requests must be received in writing (email to info@homescanspecialists.com is acceptable) at least 48 hours before the scheduled start time. Any cancellation or No-Show (including failure to provide access or utilities) with less than 48 hours' notice results in forfeiture of the entire Inspection Fee, which is deemed earned as liquidated damages for scheduling disruption. You may reschedule ONLY ONCE, and only with at least 48 hours' advance written notice. Any further rescheduling request or failure to appear for the rescheduled inspection results in immediate forfeiture of the full fee. If the Company must cancel due to circumstances beyond its reasonable control (e.g., severe weather, illness of the inspector, or safety concerns), you will receive a full refund or the option for one free reschedule, at our sole discretion. No other refunds or remedies are available.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, the Company's sole and exclusive liability (and that of its officers, members, managers, inspectors, employees, agents, heirs, successors, assigns, insurers, or any affiliated persons or entities) for any claim, loss, damage, cost, expense, or liability of any nature whatsoever — whether arising in contract, tort (including negligence, gross negligence if not prohibited), strict liability, breach of warranty, misrepresentation, fraud (except intentional and willful fraud proven by clear and convincing evidence), or any other legal or equitable theory — related in any way to this Agreement, the inspection, the Report, or any services provided, shall be strictly limited to liquidated damages NOT exceeding one and one-half (1.5) times the Inspection Fee actually paid by you for the specific inspection at issue. This cap applies regardless of the theory of recovery and whether the claim is brought by you, your heirs, successors, assigns, spouse, family members, agents, lenders, buyers, sellers, or any third party. You expressly waive, release, and forever discharge any right to recover: (a) Any amount exceeding the 1.5x fee cap; (b) Consequential, incidental, indirect, special, punitive, exemplary, aggravated, or multiplied damages; (c) Damages for loss of use, loss of bargain, diminution in value, repair/replacement costs exceeding the cap, lost profits, business interruption, emotional distress, or any economic or non-economic losses; or (d) Any liability arising from acts or omissions of third parties, including prior owners, sellers, contractors, or other inspectors. The parties agree that this liquidated damages provision is a reasonable pre-estimate of potential damages and NOT a penalty. You knowingly and voluntarily accept this limitation in exchange for the agreed fee. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company and its related parties from any claims, losses, or expenses (including attorney fees) brought by any third party arising from your use or reliance on the Report or breach of your obligations.
7. Claim Procedure.
Client agrees that the following requirements are strict conditions precedent to any liability of the Company whatsoever: (a) The claim must be submitted in writing to the Company within seven (7) calendar days after the date the Client first discovers, or reasonably should have discovered, the condition giving rise to the claim, and must include: (i) a detailed description of the alleged defect or issue, (ii) the specific location(s) on the Property, (iii) the date of discovery, and (iv) all supporting documentation, photographs, reports, and other evidence then available. (b) The Client must immediately provide the Company with full, unrestricted, and continuous access to the Property for re-inspection. The Client shall not perform any repairs, alterations, or remediation that could impair or destroy evidence until the Company has completed its re-inspection and expressly authorized such work in writing. Failure to strictly and timely comply with any of the foregoing shall automatically and irrevocably bar the claim and permanently release the Company from all liability. No claim or legal action may be initiated against the Company more than one (1) year after the date of the original inspection.
8. Dispute Resolution.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the inspection, the Report, or any services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Broward County, Florida, before a single arbitrator. This arbitration provision is the exclusive remedy. You expressly waive any right to file or maintain a lawsuit in court, a jury trial, class actions, or any other judicial proceeding. The prevailing party shall recover its reasonable attorney fees and costs.
9. Report Ownership, Use, and Reliance.
The Report is prepared solely for the named Client and is confidential. It may NOT be relied upon by any third party (including lenders, buyers, or subsequent owners) without the Company's prior written consent. You are granted only a limited, NON-transferable, revocable license for your personal use in connection with your specific real estate transaction. All other rights are reserved.
10. Entire Agreement, Supremacy, and Modifications.
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, representations, the Company's website, marketing materials, or any other terms. No modification, amendment, or waiver is effective unless in a writing signed by both parties. If any provision is held unenforceable, it shall be severed, and the remainder shall continue in full force and effect.
11. Miscellaneous.
This Agreement is governed exclusively by the laws of the State of Florida, without regard to conflict of laws principles. You may not assign this Agreement or any rights hereunder. If multiple persons sign as Client, their liability is joint and several. A large-print version is available upon request. Any notice must be in writing and sent to the addresses/emails above.
CLIENT ACKNOWLEDGMENT AND AGREEMENT
By signing below, I/We confirm that:
- I have carefully read, understood, and agree to be fully bound by every term of this entire Pre-Inspection Agreement, including (without limitation) the Scope, Limitations and Exclusions, Client Responsibilities, Cancellation Policy, Limitation of Liability, Claim Procedure, Mandatory Binding Arbitration, Report Ownership, and all waivers and releases.
- I knowingly and voluntarily waive important legal rights, including the right to sue in court, a jury trial, and recovery of damages beyond the strict cap.
- I understand the inspection is limited and NON-invasive and that I must consult independent professionals before relying on any findings.
- I have had the opportunity to ask questions and seek legal advice.
