Alicante Inspection Agreement
By checking this box, you agree to the following terms and conditions.
1) INSPECTION FEE AND SCOPE ACCEPTANCE
The Above Noted Inspection Fee will be payable for the inspection taking place at the above mentioned address on the above noted date:
Client agrees that acceptance of or payment for the Inspection Report accepts the terms of this Inspection Agreement, even if the client has not signed this agreement or was not present at the inspection.
2) LIMITED SCOPE OF INSPECTION
The Inspector shall perform a non-invasive, visual examination of the readily accessible systems and their components of the property in accordance with California Business and Professions Code sections 7195–7199, and in substantial conformity with the Standards of Practice (SOP) established by InterNACHI or an equivalent professional organization. The inspection is intended solely to assess the visible condition of the property at the time of the inspection and is based exclusively on conditions readily observable without moving personal property, dismantling systems, removing flooring or fixtures, or conducting any destructive testing. This inspection is not intended to be technically exhaustive or to identify every potential defect. The Inspector will report on readily visible items that appear deficient, damaged, or near the end of their service life, based on professional judgment at the time of the inspection. No warranty, guarantee, or assurance is expressed or implied regarding the current or future performance, condition, habitability, value, or life expectancy of any system or component. Conditions may change after the time of the inspection, and the Inspector shall not be responsible for such changes.
The Client acknowledges that the Inspection Report is not a substitute for a home warranty, insurance policy, guarantee, or legal advice regarding the advisability of purchasing the property. The report does not address all items listed in the Real Estate Transfer Disclosure Statement (TDS) and does not cover areas outside the scope of a general home inspection as defined by applicable statutes. The Client is strongly encouraged to hire appropriately licensed specialists for further evaluation of any areas of concern identified in the report, at the Client’s own risk and expense.
The Inspector will not turn on or activate any gas valves, water valves, electrical breakers, or other systems that were shut off, nor move personal belongings, carpeting, furniture, equipment, appliances, or other obstructions that may limit access or visibility. Systems, components, or areas that are inaccessible or obstructed at the time of inspection are excluded from the scope of the inspection.
Any third party who references or relies upon this report does so entirely at their own risk and agrees to release and hold harmless the Inspector and the inspection company from any liability arising from such reliance.
3) ENVIRONMENTAL DISCLAIMER
Mold spores, asbestos, formaldehyde, radon, lead paint, Chinese drywall, Poria and other toxic items cannot be identified as toxic and/or dangerous with this inspection report. The Inspector is not certified to identify toxic or hazardous materials and will not report on them. It is recommended that the client have the property tested by a certified expert.
•Houses built between 1965 and 1974: Possible aluminum wiring — have evaluated by a licensed electrician.
•Structures with galvanized or cast-iron plumbing: Highly recommended to be evaluated by a licensed plumber.
•Structures built before 1985: Possible asbestos materials — evaluation by licensed asbestos contractor advised.
•Structures built before 1982: Possible lead paint — evaluation by licensed lead inspector advised.
Alicante Property Inspections will not engage in any claims regarding aluminum wiring, asbestos, or lead paint.
4) PHOTO DOCUMENTATION
Your report may include digitally imaged photos of certain problem areas or general views. It is not a requirement that your Home Inspector photograph every area or defect. Additional photos may be provided as a courtesy.
5) LIMITATIONS OF LIABILITY
THE CLIENT UNDERSTANDS AND AGREES THAT THE INSPECTOR’S TOTAL LIABILITY FOR ANY ERRORS, OMISSIONS, OR NEGLIGENCE IN CONNECTION WITH THE INSPECTION AND THE REPORT SHALL BE STRICTLY LIMITED TO A SUM EQUAL TO TWO (2) TIMES THE FEE PAID FOR THE INSPECTION, IN ACCORDANCE WITH CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7199. THIS LIMITATION OF LIABILITY IS A MATERIAL CONDITION OF THIS AGREEMENT. THE CLIENT FURTHER AGREES TO WAIVE ANY CLAIM FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES. THE LIMITATION OF LIABILITY SET FORTH HEREIN APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO DAMAGES, ATTORNEY’S FEES, AND COSTS ARISING OUT OF OR RELATING TO THE INSPECTION AND THIS AGREEMENT.
6) CLAIMS
Any claim must be made in writing within ninety (90) days of the date of inspection or within thirty (30) days of discovery of the condition, whichever is earlier. Any legal action must commence within one (1) year from the date of inspection. Failure to initiate legal action within this time period waives all claims.
7) RIGHT TO RE-INSPECT
In the event a defect is discovered after the inspection, the Client agrees to notify the Inspector promptly and allow the Inspector the opportunity to re-inspect the condition before any repairs are made. Failure to allow re-inspection voids any potential claim against the Inspector.
8) DISPUTE RESOLUTION
The parties agree that any dispute arising from this Agreement or the services provided shall first be submitted to non-binding mediation conducted in the county where the property is located. If mediation fails, disputes shall be resolved by binding arbitration under California law. The prevailing party in any arbitration shall be entitled to recover reasonable attorney’s fees and costs.
9) THIRD-PARTY RELIANCE AND AUTHORIZATION
The client understands that this report is prepared exclusively for their own information and is not to be relied upon by any third party. If the report is shared and leads to a third-party claim, the client releases Alicante Property Inspections from any liability and agrees to pay legal fees.
If there is more than one party involved in this agreement, the client is signing on behalf of all parties and confirms authorization to do so.
10) SEVERABILITY
Should any provision of this agreement be rendered invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in effect.
11) IMPORTANT REPORT READING INSTRUCTIONS
All items noted in RED PRINT in the report are of immediate concern and should be evaluated before closing escrow. However, the entire report must be read, as other items may also require further evaluation.
12) ADDITIONAL INSPECTION LIMITATIONS AND CLIENT RESPONSIBILITIES
•Properties being inspected do not "pass" or "fail." The report reflects conditions observed at the time and date of inspection.
•The inspection may be limited by vegetation, height restrictions, weather, possessions, and other obstructions. Depending on the age of the structure, not all modern safety features may be present.
•We advise checking all building permits. Home inspections are not building code compliance inspections.
•"Needs to be serviced" means maintenance, repair, or upgrade is recommended.
•A lateral sewer line camera inspection is strongly advised.
•Final walk-through inspections immediately prior to closing are recommended, using the report as a guide.
•The Inspector will not activate shut-off utilities or systems.
•Reports are non-transferable.
13) ADDITIONAL NOTES ON SPECIFIC SYSTEMS
A) ATTIC INSPECTIONS:
Some attic areas may be inaccessible due to a lack of permanently installed walkways, the possibility of damage to insulation, low height, and/or stored items. These areas are excluded from this inspection. This limitation means that some areas may not be thoroughly evaluated, which could miss potential issues with insulation, wiring, structural integrity, or pest infestations. We recommend installing a safe pathway or catwalk for future inspections. A Licensed Contractor should be consulted to enhance attic accessibility, ensuring a more comprehensive inspection can be conducted. Remember, thorough inspections are crucial for assessing a property's overall condition.
B) PROPERTY WAS UNOCCUPIED OR VACANT:
If this property was unoccupied or vacant and the plumbing system has not been in continuous operation recently. It's possible for plumbing leaks to exist but not be apparent. Leaks can be small and take time to become visible. The inspector normally operates all accessible and operable plumbing fixtures, but this limited inspection may not reveal small leaks that only become visible after constant use of the plumbing system. After taking occupancy, monitor the plumbing system for leaks that may become apparent. Areas below the house should be evaluated after plumbing has been operated to check for leaks. Any problems that are found should be repaired by a qualified plumber.
C) ACTIVATION OF UTILITIES AND SYSTEMS:
For safety and liability reasons, the Inspector will not activate any shut-off gas lines, water valves, electrical breakers, or equipment during the inspection. If utilities or systems are off at the time of the inspection, they will be excluded from the scope of the inspection, and the Inspector assumes no responsibility for their condition or operability.
NOTE: This report is a snapshot in time and not a prediction of future conditions. We recommend that you or your representative carry out a final walk-through inspection immediately before closing to check the condition of the property, using this report as a guide. Conditions can change at any time during escrow time periods. You are 100% responsible for verifying all conditions prior to the close of escrow.
THIS REPORT IS NON-TRANSFERABLE TO ANOTHER PARTY, NO EXCEPTIONS.
THANK YOU FOR USING ALICANTE PROPERTY INSPECTIONS.
By checking the box and signing below, you acknowledge that your digital signature is legally binding and that you agree to and accept the Home Inspection Agreement. Your electronic signature has the same legal effect as a handwritten signature.
Inspectors Signature Below:
Alan A. Alicante
Client Signature Below
Submit