GEORGIA PRE-INSPECTION AGREEMENT & SERVICE AGREEMENT

PRE-INSPECTION AGREEMENT

This Pre-Inspection Agreement (“Agreement”) is entered into between Residential Solutions (“Company”) and the client (“Client”). This Agreement becomes part of the inspection report and governs the inspection, report, and any claims arising therefrom.

1. SCOPE OF INSPECTION

The inspection is a limited, visual inspection of readily accessible areas of the primary dwelling and attached structures only, performed in accordance with generally accepted home inspection standards.

The inspection is not exhaustive, does not identify all defects, and is limited to conditions visible and accessible at the time of inspection. Minor or cosmetic issues may be noted but are not the focus of the inspection.

Detached structures are excluded unless expressly agreed to in writing.

2. CLIENT PARTICIPATION & ASSUMPTION OF RISK

Client may accompany the inspector at Client’s own risk. The Company is not responsible for personal injury, property damage, or loss incurred during or after the inspection.

3. LIMITATIONS OF INSPECTION

The inspector will not:

  • Move personal property, furnishings, or stored items

  • Perform destructive testing

  • Dismantle systems or components

The inspector may decline to inspect any area deemed unsafe, inaccessible, or likely to cause damage or injury.

Conditions may be concealed due to weather, soil conditions, temperature, occupancy, storage, finishes, or seasonal limitations.

4. GENERAL EXCLUSIONS

This inspection does not include, but is not limited to:

  • Environmental or health hazards (mold, asbestos, radon, lead, air or water quality)

  • Insects, rodents, or other pests

  • Underground or latent defects

  • Code compliance, zoning, or permit verification

  • Life expectancy of systems or components

Environmental services require a separate written agreement. No environmental conclusions are implied by a general home inspection.

5. SYSTEMS NOT INSPECTED

Excluded systems include, but are not limited to:
Pools/spas, wells, septic systems, irrigation, solar systems, fire alarms, security systems, elevators, concealed wiring, and ancillary electrical systems.

Basic operational testing of built-in kitchen appliances may be performed; no assessment of performance, safety, or remaining service life is made.

6. NO WARRANTY OR GUARANTEE

THE INSPECTION AND REPORT ARE NOT A WARRANTY OR GUARANTEE.
No representation is made regarding future performance, safety, or condition of any system or component.

7. FEES & PAYMENT

Inspection fees are due prior to or at the time of inspection. Reports may be withheld until payment is received.

8. NOTICE OF CLAIM & RIGHT TO RE-INSPECT (GEORGIA-CRITICAL)

Client must notify the Company in writing within ten (10) business days of discovering any alleged defect or concern.

Client agrees to allow the Company the opportunity to re-inspect the condition before repairs or alterations are made, except in emergencies.

Failure to provide notice or allow re-inspection constitutes a waiver of any claim.

(Georgia courts strongly favor notice-and-cure provisions when clearly stated.)

9. LIMITATION OF LIABILITY (GEORGIA-ENFORCEABLE FORM)

To the fullest extent permitted under Georgia law, the Company’s total liability for any claim arising out of this inspection, report, or Agreement—whether based on contract, negligence, tort, or otherwise—shall be limited to the fee paid for the inspection.

The Company shall not be liable for consequential, incidental, indirect, or special damages.

(Georgia courts routinely uphold clearly stated fee-based liability caps.)

10. CONTRACTUAL LIMITATION PERIOD (GEORGIA-ALLOWED)

Any legal action arising out of this inspection, report, or Agreement must be commenced within one (1) year from the inspection date.

Client expressly waives any longer statutory limitation period to the extent permitted by Georgia law.

11. THIRD-PARTY RELIANCE PROHIBITED

This inspection and report are prepared solely for the Client.

No third party—including buyers, sellers, agents, brokers, lenders, insurers, or subsequent owners—may rely on the inspection or report. Any unauthorized reliance is prohibited, and the Company assumes no liability for such reliance.

(Georgia courts enforce non-reliance clauses when clearly stated.)

12. PHOTOGRAPHS & REPORT INTERPRETATION

Photographs are provided for illustrative purposes only. The written narrative of the report governs over photographs, summaries, or checklists.

13. CLIENT DUTY TO MITIGATE DAMAGES

Client agrees to take reasonable steps to mitigate damages upon discovery of any condition. Failure to mitigate damages may reduce or bar recovery.

14. DISPUTE RESOLUTION – MEDIATION & ARBITRATION (GEORGIA-SAFE)

Any dispute arising out of this Agreement shall first be submitted to good-faith mediation.

If mediation fails, the dispute shall be resolved by binding arbitration in the county where the property is located, in accordance with Georgia arbitration law.

Each party shall bear its own attorney fees unless otherwise awarded by the arbitrator.

(Georgia enforces arbitration clauses when conspicuous and signed pre-inspection.)

15. SEVERABILITY

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT & GOVERNING LAW

This Agreement constitutes the entire agreement between the parties. No oral statements modify its terms.

This Agreement shall be governed by the laws of the State of Georgia