Joe Fraser Property Inspections, Inc. PROPERTY INSPECTION AGREEMENT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ CAREFULLY. The following disclosure is required by law: An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection. The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied. If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report. Only home inspections performed by Maryland licensed home inspectors will be recognized by the buyer as a valid home inspection under a real estate contract. In this Property Inspection Agreement (the “Agreement”) the following words have the corresponding meanings: “CLIENT(s)” means the person(s) or entity who pays for the inspection and/or signs this Agreement and on whose behalf the COMPANY is acting. “COMPANY” means Joe Fraser Property Inspections, Inc., its agents and assigns. The COMPANY agrees to perform a limited visual inspection of the home/building at the Address of Inspection stated below (the “Structure”) in a manner consistent with the written standards of practice of the COMPANY. The COMPANY shall provide the CLIENT with a written inspection report (the “Report”) as to the apparent general condition of the Structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of the inspection. The Report is valid only for the Date of Inspection which shall be the date the inspection is actually performed. The inspection and report are provided solely to the CLIENT and solely for its benefit; it is not to be used, circulated, quoted, relied upon or otherwise referred to by any other person or entity or for any other purpose without COMPANY’S prior written consent. Further, the Report is not transferable to under any circumstances, and the COMPANY assumes no responsibility for future use of the report. CLIENT may give the COMPANY permission to discuss observations and/or the Report with real estate agents, owners, repair persons, and other interested parties, however, the COMPANY accepts no responsibility for use or misinterpretation by third parties. The COMPANY’s inspection of the Structure and the accompanying Report are in no way intended to be a guarantee or warranty, expressed or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. THE REPORT AND ITS ENTIRE CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM ITS INSPECTION OR THE REPORT. By signing below, the CLIENT represents that s/he understands that a separate warranty may be obtained thru another agency. The Report is solely to assist the CLIENT in making a more informed decision concerning the general overall condition of the Structure and is not intended to disclose or discover all defects. The purpose of the Report is to detect major visible problems and unsafe conditions; it is not intended for aesthetic or cosmetic evaluation. Compliance with applicable building, structural, electrical and other such codes are not considered, evaluated or intended by the inspector, COMPANY or Report. The inspection and Report are not technically exhaustive and the inspection fee charged is significantly less than that of a technically exhaustive inspection. The inspector may not inspect every component or discover every possible defect. When the Structure contains a number of similar items such as electrical receptacles, switches, lights, hardware, locking and latching mechanisms, windows, roof covering, siding, etc. the inspector may choose not to inspect each item; however a random sampling of each will be inspected. The Page 1 of 3 Ver. 1.2; rev. 11/2007 Copyright © 2012 Joe Fraser Property Inspection, Inc. All rights reserved. No portion of this form may be duplicated, used or quoted without the express written permission of Joe Fraser Property Inspection, Inc. inspection is limited to the visible and accessible aspects of the Structure’s structure, foundation, basement, interior, exterior, roof, electrical, plumbing, heating and air conditioning/cooling system(s). The inspection only includes those systems and components expressly and specifically identified in the inspection report and does not include any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishings, storage or any other objects, or which have been excluded by the COMPANY. The inspection does not include invasive or destructive testing or dismantling. The COMPANY does not disassemble equipment, move furniture, storage, carpeting, or open/move wall coverings. Conditions present at the time of the inspection, such as the Structure being occupied, inspecting after dark or during poor weather conditions, may impede the inspection. Some roofs may not be accessible or visible or fully for inspection due to height, unsafe access or weather conditions. In this case, it is the Clients responsibility to have the roof re-inspected by a licensed roofer prior to purchase. By signing below, the CLIENT agrees that amateur, sloppy or substandard workmanship and other issues stated in the Report should be further evaluated prior to purchase by the appropriate licensed contractor, upgraded or repaired as appropriate. The CLIENT agrees to assume all the risk for all conditions, deficiencies or defects which are concealed from view at the time of the inspection or that exist in any area excluded from inspection by the terms of this Agreement. Maintenance and other items may be discussed but may or may not be included in the report. The COMPANY has the right to submit an addendum to the original report within forty-eight hours of the completion of the inspection. The report may contain photographs as a means to further clarify specific comments in the report and are not intended to be a complete photographic representation of the Structure, grounds, components or systems. The CLIENT should conduct a final walk thru inspection prior to settlement/purchase, to evaluate repairs performed, to obtain and review all documentation and receipts for the work and repairs performed, evaluate obstructed areas and also to verify that all major systems and appliances are functioning. If there are any discrepancies, substandard or incomplete repairs etc. the CLIENT should discuss all concerns prior to settlement/purchase. The CLIENT may be present at his or her own risk during the inspection. If the CLIENT is not present for the inspection they may not have utilized full benefits of the inspection which can only take place in person. The CLIENT acknowledges that having other people (relatives, friends, contractors etc.) present (other than the Realtors) may be distracting and disruptive to the Inspector and the inspection. The COMPANY requires that the inspection Agreement be signed and the fee paid by the CLIENT prior to commencement of the inspection. COMPANY reserves the right to retain the Report until the Agreement is signed and the fee is paid. By accepting COMPANY’S services, CLIENT agrees to these terms and conditions, whether or not the CLIENT is not present for the inspection. The CLIENT is advised to obtain any information or documents in regards to permits for work, additions, improvements performed, for specified systems, components or warranties from the sellers prior to purchase. If any person makes a declaration concerning the Structure to the CLIENT or COMPANY concerning the age of an item, condition, repair, service contract or warranty, that declaration should be obtained in writing and conveyed to the CLIENT. It is the CLIENT’S responsibility to review the entire Report prior to settlement. It is the responsibility of the CLIENT to have additional inspection(s) if needed. All further evaluations and/or repairs should be performed by a licensed, qualified, certified professional and receipts and/or certifications should be obtained prior to settlement. If the CLIENT requires clarification s/he should contact the inspector. It is the CLIENT’S responsibility to determine which repairs should be performed and to negotiate same. By signing below, the CLIENT understands and agrees that in the event that a claim arises against the COMPANY in connection with the inspection of the Structure, as limited herein, the CLIENT agrees to supply the COMPANY with the following: Written notification of complaint within ten (10) business days of discovery, and COMPANY’S access to the Structure to evaluate the concern prior to CLIENT making any repairs. If the CLIENT conducts repairs to any items not identified in the Report, the CLIENT agrees to hold the COMPANY harmless from any costs arising from or related to such repairs and CLIENT assumes all financial responsibility therefor. Failure to comply with the above conditions will release the COMPANY and its agents from any and all obligations or liability of any kind. All claims must be made within one (1) year from the Date of Inspection and the COMPANY shall have no liability for any claims presented thereafter. The CLIENT agrees to all terms within this Agreement and to hold the COMPANY’s agents, representatives and the real estate agent(s) harmless from any claim, cause of action or demand made by the CLIENT or any party relating to the sale, purchase or repair of the Structure or components inspected, or relating to accidents arising from the inspection. LIMITATION OF LIABILITY: THE CLIENT AGREES TO LIMIT ANY CLAIM OF LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY ANY NEGLIGENCE OF THE COMPANY OR ITS AGENTS TO TWO (2) TIMES THE AMOUNT OF THE INSPECTION FEE, NOT INCLUDING FEES FOR OTHER SERVICES PROVIDED BY COMPANY. The following areas, conditions, items, systems and components are NOT part of the inspection and are considered to be outside the scope of the inspection. Specific exclusions include but are not limited to: Code, zoning, home owner association violations or non-compliance, permit research or any work done without proper or completed permit, easements, right of ways, boundaries, previous use, compliance with manufacturer’ specifications or component installation(s), latent or concealed defects, pest activity or damage, termite or other wood destroying insects or organisms and infestation, dry rot, mold, fungus, asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB’s or other toxins, electromagnetic fields, underground storage tanks, proximity to toxic waste sites or other environmental or health hazards, odors, furnace heat exchangers/combustion chambers, private water and sewage systems and their components, water pressure, water filtration and softener systems/equipment, swimming pools, spas, hot tubs, saunas, steam baths, fountains or other related systems or components, low voltage garden/path lights, solar lights, solar heating systems, solar collectors, underground utilities, cable TV, phone systems and wiring, intercoms, radio control systems, satellite systems, security and fire systems, fire sprinkler systems, fire and smoke detectors, carbon monoxide and gas detectors, lawn irrigation systems, geo-thermal systems, microwaves, microhoods, plug in appliances, humidifiers, concealed moisture leaks at foundation, water or air infiltration at windows and doors, weather stripping, piers, bulkheads, landscaping, internal and hidden components of a chimney flue, concealed structural components and framing, footings, concealed electrical or plumbing components, grinder and Page 2 of 3 Ver. 1.2; rev. 11/2007 Copyright © 2012 Joe Fraser Property Inspection, Inc. All rights reserved. No portion of this form may be duplicated, used or quoted without the express written permission of Joe Fraser Property Inspection, Inc. lift pumps, central vacuum systems, radiant heating systems, detached buildings and garages, engineered loads spans or capacities, screens, elevators, trams, lifts, escalators, dumbwaiters, self-cleaning oven functions, auto reverse systems for vehicle doors, failed glazing seals at windows and skylights, presence of safety glass, cosmetic damage, calibration of thermostats, SEER evaluations, adequacy or efficiency of any system or components, code compliance, playground and recreational equipment, defective products unknown to the COMPANY/inspector, any future claims which may arise or be discovered as result of future inspections, repairs or remodeling being performed on the Structure, cost estimates, life expectancies, obstructed areas or components and items specifically excluded in this report. Some of these items may be inspected for additional fees upon request. Severability Clause: If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in full force and effect between the parties as if the invalid or unenforceable provision were deleted. This Agreement represents the entire agreement between the parties and supersedes any prior agreements whether written or oral. Payment by the CLIENT is expected upon completion of the inspection. Any fee not paid within 30 days of the inspection is subject to an additional service charge of the lesser of 1.5% of the outstanding balance per month (which is 18% per annum) or the maximum allowed by law. The CLIENT agrees to pay all expenses incurred in collecting past due payments, including reasonable attorney fees, if any. A fee of $30 will be assessed for return checks. The CLIENT agrees to grant the COMPANY permission to discuss observations with listing real estate agents, owners/sellers, repair persons, and other interested parties. Initials _______ The CLIENT does not grant the COMPANY permission to discuss the observations with anyone. Initials _______ By signing this Property Inspection Agreement, I the CLIENT(s) (Print Name(s)) __________________________________________ on this ________ day of _________________________, 20____ have received a copy of this Agreement (paper or electronic), have read all pages, expressly agree to and understand all terms and conditions detailed herein, authorize the inspection, agree to pay the fee(s) listed, and if credit card information is provided below, authorize the COMPANY to charge my credit card: Address of Inspection: __________________________________________________________________ __________________________________________________________________ Date of Inspection: __________________________________________________________________ $_____.__ Standard Inspection Fee Payment Method: $_____.__ Radon Inspection Fee □ Check # _______ $_____.__ Water Inspection Fee □ VISA $_____.__ Septic Inspection Fee □ Master Card $_____.__ Mold Inspection Fee □ Discover $_____.__ Specific Inspection Fee ______________ □ CASH $_____.__ Total Inspection Fee(s) CC #: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Expiration Date ___ / ___ / ___ CID # __ __ __ __________________________________________ ___________________________________________ Signature of CLIENT Signature of Inspector __________________________________________ Signature of CLIENT EMAIL(s): Page 3 of 3 Ver. 1.2; rev. 11/2007 Copyright © 2012 Joe Fraser Property Inspection, Inc. All rights reserved. No portion of this form may be duplicated, used or quoted without the express written permission of Joe Fraser Property Inspection, Inc. |
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Inspection
Agreement
Agreement
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