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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
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“Client” Client’s
Name Here
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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.
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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
Inspector’s Signature/Date Membership & Number
Client / Named Representative Signature __________________
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
Inspector’s Signature Membership & Number
Client / Named Representative Signature Date
© 2004 Pennsylvania Home
Inspectors Coalition (PHIC)