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BORO HOME AND BUILDING INSPECTIONS, LLC |
HOME INSPECTION AGREEMENT
This HOME INSPECTION AGREEMENT (“Agreement”) is
made this 00 day of Month, 2004
between:
Boro
Home and Building Inspections, LLC |
“Client” Client’s Name
Here |
For the property located at:
1.
Inspection Services. The Inspection Company will perform or arrange
for the following checked inspections and the client
shall pay the Inspection Company the fees set forth in this
Section.
|
Home Inspection
(provided) ....................................…$0000.00 Wood Destroying
Insect (provided / arranged) ............ $ 000.00 Other
(provided / arranged) ............…$ 000.00 |
Radon Test
(provided / arranged) ..........................$ 000.00 Other
(provided / arranged) ........ $ 000.00 Other
(provided / arranged) ........ $ 000.00 |
Total due for provided and arranged services ..............$0000.00
2.
Time of Payment; Release of Inspection Report.
Client shall pay the Inspection
Company the sum of $0000.00
(“Inspection Fee”) for the home inspection service. Additional services may be
purchased through the Inspection Company and are to be considered separate from
the home inspection. Other services may, as a courtesy, be arranged by the
Inspection Company and are not subcontracts. By arranging for and providing
ordering and billing for any such services, Inspection Company does not warrant
or assume responsibility for the work of such provider(s) or for provider’s
contract with the customer, which shall remain strictly between Client and
provider(s). Payment is due when Client signs and delivers this Agreement to the
Inspection Company. The Client shall not be entitled to the Inspection Report
unless Client has first paid in full all Inspection Fees and has signed and
delivered this agreement to the Inspection Company.
3.
Home Inspection Law. The Home Inspection and this Agreement comply and
reflect the provisions of Act 114, Section 75, known as the Pennsylvania Home
Inspection Law. The Client acknowledges and agrees that the purpose and scope of
the Home Inspection of the Property by the Inspection Company is to discover
readily visible, apparent or obvious Material Defects at the time of the
inspection and assist the Client in evaluating the overall condition of the
Property and provide an inspection report describing the Material Defects
according to Standards of Practice and Code of Ethics of a Pennsylvania State
compliant National Home Inspection Association. A Material Defect is defined as
follows: “A problem with a residential real property or any portion of it that
would have a significant adverse impact on the value of the property or that
involves an unreasonable risk to people on the property. The fact that a
structural element, system or subsystem is near, at or beyond the end of its
normal useful life is not, by itself, a Material Defect.”
4.
Not a Warranty. The Home Inspection and the Inspection Report do
not constitute and shall not be considered to be a warranty, either express or
implied, concerning the present or future condition of the Property, the
presence or absence of latent or hidden defects that are not reasonably
ascertainable in a competently performed home inspection, or the remaining
useful life of any system or component of the property.
5.
Further Evaluation. If the person conducting your home inspection is
not a licensed structural engineer or other qualified specialist whose license
authorizes the rendering of an opinion as to the structural integrity of a
building or its other component parts, you may be advised to seek a professional
opinion as to any defects or concerns found in this
report.
6.
Not an Appraisal. This home inspection is not to be construed as an
appraisal and may not be used as such for any purpose.
7.
Permission to Release Report. The Company will issue an inspection report to
the Client only. This report becomes the confidential property of the client and
may not be relied upon by any other person through unauthorized distribution of
the inspection report. The Client may give the authority to the Inspection
Company to release a copy of this report for his or her named representative’s
sole use in this specific real estate transaction only by initialing: ______,
and providing the representative’s name:
_________________________.
I have read and agree to
the terms, conditions, limitations and exclusions found in both this document
and the limitations and exclusions
document that follows. I agree to the terms of limitation
of liability and the provisions of the Pennsylvania Home Inspection Law.
I
understand that if I do not agree to the terms and
conditions set forth that I have the right to cancel the inspection at this time
and I have the
right to hire another inspection
company.
________________________________ ASHI
012074
8.
Limitations &
Exclusions
The Client expressly
acknowledges and agrees that the following matters are not included in the scope
of the inspection and the inspection report and further acknowledges that the
Inspection Company makes no representations or warranties and offers no opinion
as to:
1.
The presence
or absence of latent, concealed or hidden defects not discoverable by a
non-intrusive, non-invasive, visual inspection.
2.
An
examination that is limited to inspect one or more of the following: wood
destroying insects, underground tanks and wells, private sewage, swimming pools,
hot tubs, spas or saunas, burglar, fire or other alarm systems, fire suppression
systems, irrigation systems, air and water quality, mold, tennis courts,
playground equipment or any other recreational or athletic equipment apparatus
or facilities, pollutants, toxic chemicals or any environmental
hazards.
3.
The
inspection of any system, component or part of the property that requires moving
of personal property, dismantling, or other destructive measures to gain access
to a system, component or part of the dwelling.
4.
Property’s
compliance with municipal, county, state or federal statute codes, rules,
ordinance rules, or regulations including without limitation building, zoning,
or property maintenance codes.
5.
The presence
or absence of any hazardous condition or material which would constitute a
Material Defect or would other pose a health or safety hazard to humans,
including, without limitation, asbestos, radon, formaldehyde, lead or lead based
paint, mold, water and air quality or electromagnetic radiation. Specialists may
be arranged on your behalf for this type testing.
6.
On site
private water systems such as underground wells or springs, as well as the
evaluation of private sewage and their respective
components.
7.
Whether
visible or not, the following items are outside the scope of the inspection:
adequacy or efficiency of an item, detached buildings, elevators, engineering
analysis, freestanding appliances, geological stability, heating equipment heat
exchangers, prediction of life expectancy of any item, radio controlled devices,
solar heating systems, thermostatic or time controls, underground piping and
water treatment systems.
8.
Any item or
component specifically excluded from the scope of the home inspection by or
noted on the home inspection report.
9.
Any item or
component excluded from the scope of the home inspection by the Standards of
Practice of a
9.
Damages. If the Inspection Company or any of its
employees, agents, providers, officers or shareholders are found to be liable by
a court of competent jurisdiction for any claim or damage due to the alleged
negligence or willful misconduct of the Inspection Company performing the home
inspection or in reporting on the condition of the property in the inspection
report, the maximum damage that the Client can recover from the Inspection
Company shall not exceed three times the home inspection fee paid by the client.
The Inspection Company shall not be liable to the Client for any loss of use of
the property, repair or replacement cost, consequential or punitive damages or
for attorneys fees or court costs. The Inspection
Company shall not be liable to the Client for any claims, loss or damage if the
Client alters, tampers with or repairs or replaces the condition which is the
subject matter of the Client’s claim before the Inspection Company has had an
opportunity to inspect the alleged defective condition.
10. Notification. The Client must commence any action for damages
arising out of or related to this Agreement or the Inspection Report according
to the provisions set forth by Section 7512 of the Home Inspection Law (68 P.S.
§§ 7501-7512) within one year of delivery of the Home Inspection Report to the
client or the named representative.
11. Arbitration. Any dispute, controversy, interpretation or claim
including claims for, but not limited to, breach of contract, any form of
negligence, fraud or misrepresentation arising out of, from or related to, this
contract or arising out of, from or related to the inspection or Inspection
Report shall be submitted to final and binding arbitration under the Rules and
Procedures of the Expedited Arbitration of Home Inspection Disputes of
Construction Arbitration Services, Inc. (214) 638-2700 ext. 509. The decision of
the Arbitrator appointed there under shall be final and binding and judgment on
the Award may be entered in any Court of Competent jurisdiction. At least one
arbitrator must be familiar with the home inspection
profession.
12. Severability. If a court of competent jurisdiction determines
that any section, provision or part of this Agreement is void, voidable, unenforceable or contrary
to the laws or the Constitution of the
The terms and provisions
of this Agreement are binding upon and shall benefit the Client and the
Inspection Company and their respective heirs, personal representatives,
successors and assigns
I have read and agree to
the terms, conditions, limitations and exclusions found in both pages of this
document. I agree to the terms of limitation of liability and the provisions of
the Pennsylvania Home Inspection Law. I understand that if I do not agree to the
terms and conditions set forth that I have the right to cancel the inspection at
this time and I have the right to hire another inspection
company.
____________________________ASHI 012074
© 2004 Pennsylvania Home
Inspectors Coalition (PHIC)