This Agreement is between the undersigned client and Legacy Home Inspections LLC.
I (Client) hereby request a limited visual inspection of the structure at the named address above, for my sole use and benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this Agreement. I further warrant that I will read the entire inspection report when I have received it and promptly call the inspector with any questions I may have. If the Client is not present at the time of the inspection, or is unable or unwilling to sign this agreement, receipt and or usage of this inspection and report by the Client shall constitute acceptance of the purpose, scope, conditions, and limitations as described herein as if signed by Client. Defects and / or deficiencies may exist that are not detectable by a cursory, visual inspection. Since the inspection is cursory and brief, no guarantee is made that all visible defects or deficiencies will be detected. This inspection report shall not be construed as a warranty on the property or its components. Home warranties are available for this type of coverage. The inspector is a generalist with limited knowledge across many fields, and is not to be considered an expert in any specific field.
SCOPE OF THE INSPECTION:
The scope of the inspection and report is a limited visual inspection of the general systems and components of the house to identify any system or component listed in the report that may be in need of immediate major repair. Only the visible and readily accessible components of the property shall be inspected and reported upon. Inspectors will not disassemble any components, other than removing cover plates from furnaces, water heaters, and electrical panels. Inspectors will not move furniture or storage items to gain access to components. Inspectors will not activate deactivated systems. The inspection will be performed in compliance with Standards of Practice of The American Society of Home Inspectors (ASHI). For a copy of this standard see www.ashi.org/inspectors/standards.asp.
OUTSIDE THE SCOPE OF THE INSPECTION:
Building code violations. Geological stability or soils condition. Structural stability or engineering analysis. Termites, pests, insects and other wood destroying organisms. Asbestos, radon, formaldehyde, lead, water or air quality, electromagnetic radiation, mold testing or any environmental hazards. Building value appraisal or cost or repair estimates. Condition of detached buildings. Pools, spas and underground piping. Private water or private sewage systems. Saunas, steam baths including fixtures and equipment. Radio-controlled devices, automatic gates, elevators, lifts, dumbwaiters and thermostatic or time clock controls. Water softener / purifier systems or solar heating systems. Furnace heat exchangers, household appliances, security systems, energy managements systems and central vacuum systems. Air conditioners during cold weather, winterized, sealed or covered items, carpeting, any area in the inspectors opinion that would pose a health or safety hazard to access. Roof, wall or basement leaks which only occurs under unusual weather conditions. Adequacy or efficiency of any system or component or prediction of life expectancy of any item.
THIS IS A CONFIDENTIAL REPORT:
The inspection report to be prepared for Client is solely and exclusively for Client’s own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person. Client may distribute copies of the inspection report to the seller or the real estate agents directly involved in the transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and inspector do not in any way intend to benefit said seller or real estate agents directly or indirectly through this Agreement or the inspection report. Client agrees to indemnify, defend and hold inspector harmless from any third party claims arising out of Client’s unauthorized distribution of the inspection report.
ARBITRATION:
Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability 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 “Construction Dispute Resolution Services, LLC.” 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.
DISPUTES:
Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, as limited herein above, shall be made in writing and reported to the inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client’s agents, employees or independent contractors, will make no alterations, modifications or repairs to the claimed discrepancy prior to a re-inspection by the inspector. Client understands and agrees that any failure to notify the inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question.
LIMITATION ON LIABILITY:
Inspector’s liability for mistakes or omissions in this report is limited to a refund of the fee paid for this inspection and report. The liability of inspector’s principals, agents, and employees is also limited to the fee paid. This limitation applies to anyone who is damaged or has to pay expenses of any kind because of mistakes, misinformation or omissions in this inspection and report. This liability limitation is binding on Client and Client’s spouses, heirs, principals, assigns and anyone else who may otherwise claim through Client. Client assumes the risk of all losses greater than the fee paid for the inspection. Client agrees to immediately accept a refund of the fee as full settlement of any kind and all claims, which may ever arise from this inspection.
