RESIDENTIAL INSPECTION AGREEMENT
(PLEASE READ CAREFULLY)
THIS AGREEMENT made this ____ day of _____________, by and between Precision Home Inspections of Westchester, LLC(hereinafter “PHI”) and the undersigned (hereinafter “Client”), collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows:
1. PHI agrees to conduct an inspection for the purpose of providing the Client with an understanding of property conditions of the property located at ___________________________________________________ subject to the UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY below. The inspection and report will be performed in accordance with the NEW YORK STATE Standards of Practice( http://www.dos.ny.gov/licensing/homeinspect/hinspect_ethics.html) prepared for the sole, confidential and exclusive use and possession of the Client. PHI accepts no responsibility for use or misinterpretation by third parties.
“Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services.”; and
“If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.”
2. The written report will include but not limited to the following :
· Heating and cooling systems – permanently installed heating and cooling systems, normal operating controls, automatic safety controls, and distribution systems (fans, pumps, ducts, piping, insulation, air filters, etc.).
· Electrical system – Service entry conductors, service, and grounding equipment, main overload device, main and distribution panels. Branch circuits, operation of a representative number of ceiling fans, lighting fixtures, switches, receptacles and Ground Fault Circuit Interrupters. The presence or absence of smoke detectors and carbon monoxide detectors.
· Plumbing system – interior water supply and distribution systems, drain, waste and vent systems, hot water systems.
· Structural Components and Foundations – foundation, floors, walls, columns, piers, ceilings and roofs.
· Roof coverings – drainage system, flashings, skylights, chimneys, and penetrations.
· Exterior components – wall cladding, flashings, trim, entry doors, garage door operators, decks, balconies, stoops, steps, porches, railings, (eaves, soffits and facias where accessible from ground level), and vegetation, grading, drainage, driveways, patios, walkways, and retaining walls in respect to their effect on the condition of the building.
· Interior components - walls, ceilings, floors, steps, stairways, balconies, railings, counters, and a representative number of built in cabinets, doors, and windows.
· Insulation and Ventilation – insulation and vapor retarders in accessible,visible unfinished spaces. Ventilation of kitchen, bathroom, laundry, accessible attics and foundation areas.
3. It is understood and agreed that this inspection will be of readily accessible areas of the building and is limited to visual observations of apparent conditions existing at the time of the inspection only. Latent and concealed defects and deficiencies are excluded from the inspection; equipment, items and systems will not be dismantled.
4. Maintenance and other items may be discussed, but they are not a part of our inspection. The report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
5. The inspection and report do not address and are not intended to address the possible presence of or danger from any potentially harmful substances and environmental hazards including but not limited to radon gas, lead based paint, asbestos, pesticides, treated lumber, fungus, mercury, carbon monoxide, toxic or flammable chemicals and water and airborne hazards. Also excluded are inspections of and report on swimming pools, water supply, wells, sewage disposal, security systems, central vacuum systems, water softeners, sprinkler systems, fire and safety equipment, fuel storage or delivery, cosmetic damage, underground items, items not permanently installed and the presence or absence of rodents, termites and other insects.
UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY
6. It is understood and agreed that PHI is not an insurer and that the inspection and report are not intended or to be construed as a guarantee or warranty of the adequacy, performance or condition of any structure, item or system at the property address, the market value, advisability or inadvisability to purchase property, nor does it constitute a guarantee or warranty of merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, and it is not a substitute for real estate transfer disclosures which may be required by law. The Client hereby releases and exempts PHI and its agents and employees of and from all liability and responsibility for the cost of repairing or replacing any unreported defect or deficiency and for any consequential damage, property damage or personal injury of any nature.
7. CLIENT acknowledges that the liability of PHI, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments arising out of or related to the PHI’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the Home Inspection fee paid to PHI, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (I) to reflect the fact that actual damages may be difficult and impractical to ascertain; (II) to allocate risk among PHI and CLIENT; and (III) to enable the PHI to perform the inspection at the stated fee.
8. PHI does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be in a separate writing.
9. In the event of a claim against PHI, CLIENT agrees to supply PHI with the following: (1) Written notification of adverse conditions within 14 days of discovery, and (2) Access to the premises. Failure to comply with the above conditions will release PHI and its agents from any and all obligations or liability of any kind.
10. The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which PHI has its principal place of business. In the event that CLIENT fails to prove any adverse claims against PHI in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of PHI in defending said claims.
11. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of PHI or its agents shall be binding unless reduced to writing and signed by PHI. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against PHI after one year from the date of the inspection.
12. PHI Home Inspection Fee: $_______________
Radon Gas Test: $_______________
Water Quality Test: $_______________
Termite Inspection: $_______________
Total Due: $_______________
The fee is due at the inspection unless other arrangements are made in advance. Accepted forms of payment: CASH-CHECK-CREDIT CARD (a 3% fee will apply for credit cards).
The report will be available online within 2 business days after completion of visual inspection. Client will be sent a link via email.
13. Acceptance and understanding of this agreement are hereby acknowledged:
INSPECTOR JOHN IANNIBELLI JR / DATE
CLIENT OR REPRESENTATIVE / DATE CELL PHONE #
CLIENT EMAIL ADDRESS OTHER PHONE #