FalconPoint Inspections LLC Pre-Inspection Agreement FALCONPOINT INSPECTIONS LLC
PRE-INSPECTION AGREEMENT
This Agreement is between FalconPoint Inspections LLC (“Inspector,” “Company,” “we,” or “us”) and the Client (“Client” or “you”) for the scheduled property inspection. The terms below define the inspection and the parties’ responsibilities.
1. AGREEMENT AND PAYMENT
The inspection fee is due in full before the appointment. The appointment is not confirmed until payment and acceptance of this Agreement are received. If the inspection has already begun or is completed before Client signs, Client’s payment for, attendance at, or acceptance or use of the report constitutes acceptance of this Agreement to the fullest extent permitted by law.
2. PURPOSE AND SCOPE
We will perform a non-invasive, visual examination of readily accessible areas of the residential property and provide a written report identifying material defects that were both observed and deemed material by the inspector on the inspection date. The inspection is a snapshot of conditions at that time—not a prediction of future performance—and the report supplements, but does not replace, seller disclosures, specialized evaluations, warranties, or the Client’s own due diligence. Home inspectors are trained generalists, not specialists or experts in every building trade, system, component, or professional discipline. Observations, classifications, and recommendations reflect the assigned inspector’s training, knowledge, experience, and professional judgment applied to the visible conditions present at the time of inspection. Another qualified inspector or specialist may reasonably reach a different opinion. When the inspector recommends specialist evaluation, Client should consult an appropriately qualified professional.
Unless modified in writing, the inspection will be performed substantially in accordance with the current InterNACHI® Home Inspection Standards of Practice available at https://www.nachi.org/sop. Those Standards, including their limitations, exceptions, and exclusions, are incorporated into this Agreement. InterNACHI is not a party to this Agreement and does not employ or supervise the Company.
3. WHAT THE INSPECTION IS NOT
A general home inspection is not technically exhaustive and is not an engineering, architectural, code-compliance, environmental, appraisal, insurance, marketability, or warranty service. It does not reveal every condition, concealed or latent defect, intermittent problem, future failure, or issue that could exist. We do not determine whether Client should buy, sell, or occupy the property; determine remaining service life; or provide repair costs or contractor estimates.
Unless separately ordered and confirmed in writing, the inspection does not include testing or analysis for radon, mold, asbestos, lead, methamphetamine, indoor air quality, soil contamination, pests, wood-destroying organisms, sewer lines, wells, septic systems, pools, spas, irrigation, or other environmental or specialty concerns.
Detached structures, common elements of multi-unit properties, and systems serving more than the inspected unit are excluded unless expressly included in writing.
Thermal imaging, when purchased, is a limited screening aid. It is not an X-ray, moisture guarantee, energy audit, mold test, or substitute for destructive or specialist evaluation.
4. ACCESS, OBSTRUCTIONS, AND SAFETY
The inspection is limited to areas and components that are readily accessible and safe in the inspector’s judgment. The inspector will not move furniture, rugs, stored belongings, appliances, ceiling tiles, insulation, debris, snow, vehicles, or other obstructions; dismantle systems; damage finishes; enter unsafe or inaccessible areas; or take actions likely to harm people or property. Conditions obstructed or unsafe at the time of inspection are outside the scope.
The assigned inspector has sole on-site discretion to determine whether an area, system, or component is readily accessible and whether entry, operation, or testing can be performed safely without unreasonable risk of injury or property damage. That judgment may consider opening size, clearance, height, slope, weather, structural condition, animals, electrical or environmental hazards, stored items, equipment limitations, and any other observed condition.
The inspector may decline to walk any roof or enter any attic or crawl space based on slope, height, weather, surface condition, clearance, access, structural concerns, or other safety factors.
Cooling equipment will not be operated when the exterior temperature is below 65°F or when operation may damage the equipment.
The inspector will not change breaker positions, operate shutoff valves, ignite pilot lights, or operate gas fireplaces or alarm/security systems.
Smoke and carbon-monoxide alarms may be visually noted where observed, but alarm devices are not function-tested because activation may interfere with monitored or interconnected systems.
5. CLIENT AND PROPERTY RESPONSIBILITIES
Client is responsible for arranging lawful access and ensuring that utilities and systems intended for inspection are on and safely operable. Client should ensure that electrical panels, attic and crawl-space accesses, water heaters, furnaces, sinks, windows, and other inspection areas are unobstructed before the appointment. The inspector is not responsible for return visits or incomplete observations caused by shut-down systems, missing access, occupants, pets, stored items, weather, or unsafe conditions. Any return visit requires separate written scheduling and may involve an additional fee.
Client understands that normal inspection procedures may include turning on accessible lights; operating built-in appliances and mechanical equipment with normal controls; changing thermostat settings and switching between heating and cooling modes when weather, equipment condition, and manufacturer limitations permit; running faucets, tubs, showers, and other plumbing fixtures; flushing toilets; and operating multiple fixtures at the same time to observe functional flow and drainage.
These procedures may temporarily increase electricity, gas, and water use. The inspector will document or report systems that cannot be operated safely and will not force controls, activate shut-down equipment, or operate cooling equipment when the exterior temperature is below 65°F or other conditions could cause damage.
6. SERVICE-SPECIFIC LIMITS
For condominium or townhome inspections, the inspection generally covers the readily accessible components within or directly serving the inspected unit; association-controlled common elements are excluded unless expressly included in writing. A rental move-in or move-out inspection is an interior condition-documentation service only. Exterior, roof, site, and whole-building systems require a separately booked standard home inspection. Any added service is governed by its written scope and by this Agreement unless a separate agreement states otherwise.
7. REPORT, PHOTOGRAPHS, AND COMMUNICATIONS
The report is prepared exclusively for Client. Client may share it, but any third party who relies on it does so at that party’s own risk, and the Company is not responsible for third-party use or misinterpretation. Client authorizes the Company to discuss observations with Client’s real estate professionals, property representatives, and contractors when reasonably related to the inspection. The Company retains ownership of its report format, narratives, methods, and photographs, while granting Client a non-exclusive license to use the delivered report for the transaction or property decision.
8. NO WARRANTY OR GUARANTEE
The inspection and report are professional opinions based on visible conditions on the inspection date. They are not a warranty, guarantee, insurance policy, certification, or promise regarding the property’s condition, habitability, suitability, future performance, or freedom from defects. All express and implied warranties are disclaimed to the fullest extent permitted by law.
9. NOTICE OF CLAIM AND OPPORTUNITY TO REINSPECT
If Client believes the Company missed a condition within the agreed scope, Client must promptly notify the Company in writing and provide reasonable supporting information. Except for emergency measures reasonably necessary to prevent injury or additional property damage, Client must give the Company a reasonable opportunity to inspect the condition before it is altered, repaired, replaced, or removed. Failure to provide timely notice or a reasonable opportunity to reinspect may prejudice the Company’s ability to evaluate the claim and may limit recovery to the extent permitted by law.
10. LIMITATION OF LIABILITY AND DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE INSPECTION, REPORT, OR THIS AGREEMENT—including alleged negligence, errors, omissions, or breach—IS LIMITED TO LIQUIDATED DAMAGES NOT EXCEEDING 1.5 TIMES THE INSPECTION FEE PAID. CLIENT WAIVES CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING LOSS OF USE, DIMINUTION IN VALUE, LOST PROFITS, TEMPORARY HOUSING, AND REPAIR OR REPLACEMENT COSTS BEYOND THAT LIMIT. The parties agree this is not a penalty; actual damages may be difficult to determine, the clause reasonably allocates risk, and the agreed fee reflects this allocation. This limitation does not apply where prohibited by controlling law and does not waive liability that cannot legally be limited.
CLIENT ACKNOWLEDGMENT: I understand that the inspection fee is substantially less than the value of the property and that the liability limit is an essential term of this Agreement.
11. DISPUTE RESOLUTION, GOVERNING LAW, AND VENUE
The parties will first attempt in good faith to resolve any dispute through direct written communication. If unresolved, either party may request non-binding mediation before filing suit, and the parties will reasonably cooperate in selecting a mediator. Colorado law governs this Agreement, without regard to conflict-of-law rules. Any court action shall be brought in a court of competent jurisdiction in the Colorado county where the Company maintains its principal place of business, unless controlling law requires otherwise. Nothing in this section prevents either party from seeking emergency injunctive relief or using a forum that cannot lawfully be waived.
12. TIME TO BRING A CLAIM
To the fullest extent permitted by law, any action arising from or relating to the inspection, report, or this Agreement must be commenced within one year after the inspection date. Any shorter period is not intended, and any claim that controlling law does not permit the parties to shorten remains governed by that law.
13. GENERAL TERMS
This Agreement and the incorporated Standards of Practice constitute the entire agreement and replace prior oral or written discussions concerning the inspection. Any change must be in writing and accepted by both parties. If any provision is held invalid or unenforceable, it will be modified only as necessary and the remaining provisions will continue in effect. Client may not assign this Agreement without the Company’s written consent. Electronic signatures, clicks, and records are binding to the same extent as originals. If more than one client is identified, the person accepting this Agreement represents that they are authorized to accept it for all clients.
FINAL ACKNOWLEDGMENT
I HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING ITS SCOPE, EXCLUSIONS, CLAIM PROCEDURE, AND LIMITATION OF LIABILITY. I AGREE TO ITS TERMS AND ACKNOWLEDGE RECEIPT OF A COPY.