Scope and Contract
Real Estate Insights Inc – Scope and Contract
Please read the following carefully before signing
- In agreeing to proceed with the inspection of the property identified above, I/we have carefully read, understood, and accepted this Contract, as well as the section entitled “SCOPE OF INSPECTION“.
- The inspection of the property identified above is subject to the following Terms and Conditions:
- The inspection by Real Estate Insights, Inc. will be performed exclusively and only in accordance with the Standards of Practice posted on the Real Estate Insights, Inc. website.
- The inspection will be attended by and will be under the direction of a Registered Home Inspector with membership in the American Society of Home Inspectors, International Association of Home Inspectors or the Midwest Association of Home Inspectors.
- A report will be provided after the conclusion of the inspection. This Report will be based on a limited and primarily visual inspection of the readily accessible aspects of the building. The Report is representative of the Inspector’s opinion of the primarily observable conditions on the day and time of inspection. The report may be modified or updated within 48 hours of the completion of the inspection. None of the listed deficiencies have to be addressed by the owner, seller, buyer, etc., and are strictly elective.
- This inspection does not constitute an engineering evaluation or an engineering or architectural service.
- The Inspection Report reflects the present condition of the subject property at the time of inspection.
- This Report does not imply or constitute a guarantee, warranty, or an insurance policy with regards to this property.
- I/we agree to pay the fee specified in the “Receipt” section of this Document.
PURPOSE AND SCOPE OF INSPECTION
The Company agrees to perform a primarily visual inspection of the subject house and to provide Client with a written report identifying the major deficiencies. Items not specifically included in the written report and identified in this agreement are beyond the scope of the inspection and are not reviewed. No verbal statements by the Inspector shall expand the scope of this agreement or the inspection report, nor shall such statements be relied upon by the Client when solicited from the Inspector at any time.
The inspection includes such items as:
* Sidewalks/Driveways * Foundation * Drainage * Plumbing * Electrical
* Materials of Construction * Interior * Central Air * Insulation * Heating
* Crawl space/basement * Fireplace(limited) * Attic * Exterior * Roof
The inspection does not include items such as:
* Underground utilities * Playground equip * Pools * Elevators * Wells/springs
* Tennis courts * Solar systems * Security systems * Septic Tanks * Drain fields
* Personal property * Cosmetic items * Water softeners * Central vacuum * Recreational Appliances
* Sprinkler system * Saunas * Hot Tubs * Appliances not essential to the operation of the home
* Thermostats or timers are not checked for accuracy or calibration.
*Air conditioners cannot be safely checked following temperatures below 62 degrees in the past 24 hours
*Client is advised to check with local governing body regarding all recommendations and deficiencies as rules and regulations for construction, installation or configuration may be different in each city or county.
*Radon gas test results, when testing is performed according to the EPA short term time frame, may not reflect the true and accurate radon levels of the subject property. Radon levels can fluctuate greatly and only a long term test can more accurately reflect the true average levels of radon in the subject property.
1. As an example only, the inspection report will not include cosmetic items such as minor scratches, scrapes, dents, cracks, stains, soiled, faded, torn or dirty floor, wall or window coverings. The Inspector is not required to move personal property, debris, furniture, equipment, carpeting or like materials which may impede access or limit visibility. Recent and existing weather conditions may also limit or restrict the results of the inspection. Major deficiencies and defects which are latent or concealed are excluded from the inspection. The inspection is not intended to be technically exhaustive. Equipment and systems will not be dismantled. The Company does not guarantee that detected evidence of past or present water infiltration will not reoccur in the same or different locations at some future time.
2. The inspection is NOT a compliance inspection for any past or present governmental codes or regulations.
3. The inspection and report do not address and are not intended to address the possible presence of or danger from asbestos, radon gas, lead paint or other toxic or flammable chemicals, water or airborne related illness or disease, and all other similar or potentially harmful substances. The Client is urged to contact a reputable specialist if information, identification or testing for the above is desired. In addition, the presence or absence of rodents, termites, or other insects/vermin is not covered by this inspection.
4. The inspection report is not intended to be used as a guarantee or warranty, expressed or implied, regarding the adequacy, performance or condition of any inspected structure, item or system. The inspection and report are not intended to reflect the value of the premises, nor to make any representation as to the advisability or inadvisability of purchase or the suitability for use.
5. The inspection/report is not a certification of any kind and shall not be construed as insuring against any defects or deficiencies not contained in the inspection report and subsequently discovered by the Client. This inspection does not imply that every defect was found.
II. NOTICE OF CLAIM: In the event of a discrepancy, problem, dispute or claim arising from the performance of an inspection by the Company and/or its Inspectors, the Client agrees to promptly notify the Company in writing by U.S. Certified Mail. Any claim against the Company must be received by the Company, in writing, within ninety days from the Agreement Date, or such claim is waived, regardless of the date when Client becomes aware of the discrepancy, problem or claim. Client guarantees the Company the right to examine the subject matter of any claim prior to the Client’s performance of any remedial action (unless of an emergency nature of for the safety of person or property). This is a condition precedent to Client’s claim.
III. LIMITED LIABILITY: The parties agree that the maximum liability of the Company and its employees and agents for any loss or damage, in the event the Company or its employees or agents are negligent, in breach of contract, or otherwise at fault in the performance of its obligations, shall be limited to a sum equal to the fee for the inspection service. If a lawsuit, legal action or arbitration is filed by the Client against the Company, its Inspectors, or employees and the Company and/or its Inspectors successfully defends the claim of the Client, the Client agrees to pay the Company and/or its Inspectors for their time in defending such action at their normal hourly rate, attorney’s fees and court costs, and any other costs incurred in defending against such claim.
IV. PAYMENT: Payment is due prior to the on-site inspection. There will be a $20.00 dollar minimum charge if any form of payment is subsequently dishonored. All legal and time expenses incurred in collecting due payments, returned checks or unaccepted credit and payments will be paid by the purchaser of the service. Any fee not paid within 30 days of the inspection will have a service charge of 1.5% monthly or 18% per annum added to the inspection fee. Credit is on an approval basis.
V. NON-ASSIGNMENT AND INDEMNITY: The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the undersigned Client only; they do not run with the land. The Client agrees to indemnify and hold harmless the Company and the Inspector for all costs, expenses and legal fees incurred and arising out of any legal proceedings brought by any third party who claims he/she relied on representations made in this inspection report and was damaged thereby.
VI. ENTIRE AGREEMENT: This agreement represents the entire agreement between the parties. 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 assigns.
VII. CLIENT’S PRESENCE: If the Client is not present at the time of Inspection or for any reason is unable to sign this agreement at the time of inspection, this agreement will become part of the inspection report, and acceptance of the inspection report shall constitute acceptance of the terms herein.
By signing this contract , being a representative or Client representing all parties associated with the real estate noted in this contract and all properly related recipients of the information provided either directly or indirectly by this inspection, acknowledge that I/we have reviewed, understood, and accepted the Terms and Conditions and the Scope of Inspection described above for all related parties to this inspection. I/we also understand that legal liability of the Inspector and the Inspection Company for damages arising from action or inaction, however caused, is limited in amount to the fee paid for this inspection.
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