What goes in a home inspection pre-inspection agreement?
A pre-inspection agreement names the client, the property, and the fee. It also says what will and will not be inspected and which standard of practice applies. Several states set that minimum list by rule, and some void clauses that cap what an inspector can owe.
By Russ Motyko, Certified Master Inspector®. Checked on
What the agreement covers
The state rules read for this post ask for much the same short list. Taken together, they come down to these items:
- The inspector's name, contact information, and license number.
- The client's name and the property address.
- The fee for the services.
- The scope: the systems to be inspected, and the standard of practice the inspection follows.
- Exclusions, such as mold, asbestos, radon, and other environmental issues.
- When the report will be delivered.
- Signatures and dates.
Both national standards expect the agreement to shape the scope. InterNACHI's Standards of Practice say the client and inspector can change the scope of work before the inspection. The ASHI Standard of Practice lets the inspector exclude systems the client asks to leave out or agrees to leave out. Put that change in writing, in the agreement.
The delivery date matters more in some states than others. Under North Carolina's G.S. 143-151.58, the report is due by the date in the written agreement. If the agreement names no date, it is due within three business days of the inspection.
States that list the required contents
These seven states set out what the agreement has to say. The table covers only the rules read on October 29, 2026, not every state:
| State | Required contents, in brief |
|---|---|
| Washington, WAC 308-408C-050 | Mandatory. Property address, the fee, and the inspector's contact information and license number. What will and will not be inspected, including every item the state standard of practice requires. A statement that mold, asbestos, lead paint, water, soil, air quality, and other environmental issues are excluded unless added in writing. |
| Oregon, OAR 812-008-0202 | Signed by inspector and client. States that the inspection follows Oregon's rules and describes the services and their cost. Notes where the inspection differs from the standard categories. Says plainly whether a wood destroying organism inspection is included. |
| New York, 19 NYCRR 197-4.2 | Describes the scope of service and its cost. Carries two clauses in type no smaller than 6 point. One says inspectors are licensed by the Department of State and may not provide engineering or architectural services. The other lets the inspector tell the owner or occupants about an immediate threat to health or safety. |
| North Carolina, 11 NCAC 08 .1103 | Signed by the client. States that the inspection follows the board's Standards of Practice, describes the services and their cost, and says so when only a few systems are inspected. |
| Virginia, 18VAC15-40-120 | Signed and dated by both. Inspector and client details, property address, cost, and every area and system to be inspected. A statement that no code review is included, the exclusions, the estimated report date, and cancellation rights. A general statement on the limits of the inspector's liability. |
| Illinois, 68 Ill. Adm. Code 1410.200 | Signed by both. Purpose and date of the inspection, plus names, addresses, and license numbers. The fee, a statement that the state's Standards of Practice apply, the systems to be inspected, and the limits or exclusions. |
| Florida, s. 468.8321 | A disclosure rather than a contract: a copy of the inspector's license and a written statement of the scope and any exclusions. |
Virginia's list runs longest of the seven. Its exclusions alone name 16 items an agreement can leave out, such as remaining service life and market value. The contract also has to disclose any financial interest in a contractor the inspector recommends. So does any repair the inspector designed or made on the house in the preceding 12 months. It must say the report is not a guarantee, warranty, or insurance.
Before the inspection, or before the report?
"Before the inspection" means different things in different states. Each rule sets its own point:
- Virginia: signed by both before work starts or any payment is taken, with a fully signed copy delivered before work begins.
- North Carolina: signed by the client before the inspection. The licensure board's compliance sheet says that means before the on-site inspection, not before the report.
- Illinois: signed by both before the inspection.
- New York: given to the client before the inspection.
- Washington: a copy goes to the client before the inspection, unless circumstances prevent it, under WAC 308-408C-060.
- Oregon: signed before the inspection is complete, which the rule defines as the day the first written report is delivered.
- Florida: the disclosure comes before contracting or starting the inspection.
Getting the signature at booking meets every one of these deadlines. Report software can send the agreement for an online signature at booking, so the client signs before anyone drives to the house. For how a signed agreement ties into the fee and the report hold, see how home inspectors make sure they get paid.
Limitation of liability clauses
Many agreements try to cap what the inspector can owe, often at the fee. Some states have a statute on that. These five were read on October 29, 2026:
| State | What the statute says |
|---|---|
| California, B&P 7198 | A clause that waives the duty set in section 7196, or limits liability to the cost of the report, is invalid. |
| Iowa, Code 558A.4A(9) | A contract cannot limit liability for gross negligence or willful misconduct. It can define the scope and the exclusions. |
| Pennsylvania, 68 Pa.C.S. 7507 | A limit on liability for gross negligence or willful misconduct is void, and so is any waiver of the Home Inspection Law. Scope and exclusions can be set by contract. |
| Rhode Island, Gen. Laws 5-65.1-10(c) | A contract cannot cap liability below the required insurance, $500,000 in the aggregate. Such a clause in a contract issued on or after September 1, 2016, is void. |
| Wisconsin, Stat. 440.976 | An agreement cannot disclaim or cap liability for failing to follow the state's standards of practice. |
Virginia goes the other way and requires a general statement on the limits of the inspector's liability in every contract. Where a statute is silent, courts in different states treat these clauses differently.
In Russ Motyko's view, from more than 3,000 inspections, whether a court enforces a cap depends on the state's law and how the clause is written. He tells inspectors to have an attorney in their state review it. An agreement does not replace errors and omissions (E&O) insurance either. For more, see do home inspectors need E&O insurance.
Arbitration and claim deadlines
None of the state rules and statutes in this post mention arbitration. InterNACHI's list of contract issues does. It names dispute resolution by mediation, arbitration, or litigation, a forum selection clause, and a waiver of the right to a jury trial.
Some agreements also set a procedure for claims. InterNACHI lists notice to the inspector, a chance to inspect, and time limits. A state can block a shorter deadline. Wisconsin's Stat. 440.977 says its period for a claim against a home inspector cannot be reduced by agreement. For the deadlines in other states, see how long after an inspection a client can sue.
Whether an arbitration clause, a jury waiver, or a shortened deadline holds up is a matter of state contract law. Talk to a lawyer in your state before relying on one.
Model agreements
InterNACHI publishes a standard home inspection agreement that it offers free to members, marked for members' use only. Its page says many members use it as the basis for their own contracts, and that laws vary from state to state. It also offers state-specific versions, plus Spanish and French translations revised in November 2017.
Check any model form against your state's rule line by line. A form written for one state can miss a clause another state requires. New York's two 6-point clauses are one example. For what each standard of practice covers, see home inspection standards of practice.
Questions people ask
Does the client have to sign the agreement before the inspection?
It depends on the state. Virginia requires both signatures before work starts or any payment is taken, and North Carolina wants the client's signature before the on-site inspection. Oregon allows signing up until the first written report is delivered.
Can a pre-inspection agreement limit liability to the inspection fee?
Not in California, where a clause that limits liability to the cost of the report is invalid. Iowa and Pennsylvania bar any limit on liability for gross negligence or willful misconduct. Elsewhere, whether a court enforces a cap depends on the state's law and the clause's wording.
Is an arbitration clause allowed in a home inspection agreement?
None of the state rules checked for this post mention arbitration. InterNACHI lists dispute resolution, including arbitration, among the issues to consider. Whether a court in your state enforces the clause is a question for a lawyer there.
Which standard of practice should the agreement name?
Oregon, North Carolina, and Illinois require the agreement to say the inspection follows the state's own standards. Washington's scope has to cover every item its standard of practice requires. InterNACHI suggests linking to its own standards or to the state's mandatory standard.
Can a home inspector use InterNACHI's agreement without joining?
InterNACHI's page marks its home inspection agreements for members' use only. It offers the form free to members, with state-specific versions and Spanish and French translations.
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