| THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, PRIOR TO THE
INSPECTION, PLEASE READ IT CAREFULLY BEFORE SIGNING.
WHAT YOUR INSPECTION INCLUDES
We will make a visible inspection of the prominently visible and
accessible areas of the property. The inspection is a reasonable
effort to assess the DURABILITY
and SERVICEABILITY of the
components of the property in its present state as these items
"significantly" affect the value, habitability, or safety of the
dwelling. "Significantly" as used herein means a condition that is
"important or consequential" Our analysis is limited to our written
Report. The Report does not evaluate style, aesthetics, or location
of a property. The determination of the existence of any finaled
building permits for this or any related structures on the above
property is beyond the scope of this inspection.
THE INSPECTOR WILL ATTEMPT TO BE FAIR BY POINTING OUT BOTH THE
STRONG AND WEAK POINTS OF THE PROPERTY.
Home ownership brings with it certainty that failures and repairs will
occur. Your home inspection will not be able to predict all such
occurrences, but a 2 or 3-hour investigation by our professional
inspector and the resulting Report, should provide you with a useful
tool.
Our inspections are not intended as a service call. Operable conditions
of mechanical, electrical, plumbing devices or other items are only
surmised from the visible evidence. No maintenance services, removal
of cowlings, or destructive discovery can or will be performed.
Should we locate an item that is not serviceable, or creates doubt
for our inspector, then we will suggest that a licensed tradesperson
be contacted to investigate further or make repairs. This could
require an additional fee to the appropriate specialist and may
require, among other things, servicing equipment or destructive
discovery.
This inspection is not conducted to detect every minor problem or
condition that may exist in the building. Cosmetic deficiencies are
to be considered obvious. It is understood that if such a listing is
desired, that service is beyond the parameters of a regular Home
Inspection and requires and additional fee.
You are encouraged to be on the site at the time of the inspection or
arrive near the completion of our inspector's evaluation, so that
the inspector can review the inspection Report with you in person.
If you are unable to attend, we will be happy to try and answer your
questions by phone. Should an additional visit to the property be
required, it will be billed at our hourly rate.
The home inspection will be performed in accordance with the Standards of
Practice of the American Society of Home Inspectors (ASHI),, the
terms of which are incorporated in this agreement. A copy of the
Standards of Practice is available upon request. For equipment and
components of the home which are not to be operated or tested, refer
to the Standards of Practice.
Complete Home Inspectors, LLC has affiliations with third-party service
providers ("TPSP") in order to offer value-added services to our
Clients. The company may also arrange for these TPSP's to send
literature or make post-inspection contact with our clients.
RISK OF BUYERS & SELLERS
Buyers are always at risk. THE VISUAL INSPECTION
MAY ILLUMINATE SOME AREAS OF RISK, BUT CANNOT ELIMINATE IT. THE
INSPECTOR IS LIMITED TO THE EXISTING CONDITIONS CLUES AND SYMPTOMS
ON THE DAY OF THE INSPECTION, AND THE INSPECTOR CANNOT BE LIABLE FOR
NONVISIBLE, OBSCURE, OR CONCEALED FAULTS.
Claims for concealed conditions, whether intentional or
unintentional, must be made against the seller of the property.
The most conscientious visual inspection is not capable of
determining all conditions that actually exist within a house. We
make a random evaluation of some components and of course, cannot
move furniture, etc., to obtain access. Even with our thorough
visual inspection, these are some examples of the types of things
our inspection cannot determine:
1. Improperly made wiring connections. (Random outlets or
switches that do not
function.)
2. Cracks in fireplaces, chimneys, flue liners or combustion
chambers
3. A drafty or hard to heat home.
4. Leaks that only occur under unusual conditions.
5. The inner workings of mechanical items including combustion
chambers.
6. Underground or concealed systems or components.
Although, there are many items that our Inspector might determine or
surmise if given enough time, our evaluation is also limited by a
reasonable investment of the Inspector's time for the fee paid.
There are, therefore, other items that could be added to the above
list after a reasonable and competent inspection on any particular
property.
HAZARDOUS MATERIALS ARE BEYOND THE SCOPE OF THIS INSPECTION
REPORT.
The inspector is not an environmental expert. If asbestos,
electromagnetic fields, fiberglass, formaldehyde, hazardous wastes,
lead, radon, soil contamination, or the quality of drinking water
and waste disposal are a concern, please contact an appropriate
expert.
CODE COMPLIANCE
The inspection is one of "Serviceability", NOT code
compliance. By necessity, our inspection deals with existing
structures, which may have older types of wiring, plumbing, heating,
etc. As an illustration, today, most local building departments
require ground fault interrupter circuits, insulation in the
exterior walls, anchor bolts, and many other items, which have not
always been included in the building codes. Homes without these
installations can be "serviceable", even though they do not meet
current codes (or may not even be desirable for modern life styles.)
We assume, but do not warrant, that the "then current" codes were
complied with at the time of construction.
WARRANTIES and INSURANCE
The inspection and report are not intended to be construed as a guarantee
or warranty, expressed or implied, including any implied warranty of
the merchantability or fitness for use regarding the conditions of
the property, items and systems inspected, and should not be relied
upon as such. This company assumes no liability and shall not be
liable for mistakes, errors, or omissions in judgment of its
employees or principals. This limitation of liability shall include
and apply to all consequential damages, bodily injury, and property
damage of any nature whether intentional or unintentional.
YOU SHOULD NOTE
The conditions stated in the report are NOT repair requirements or even
suggestions. Some items in the report are, by definition, subjective
and the "opinion only" of the Inspector stating the relative
conditions encountered. Our intention is to provide an unbiased
analysis. Our inspector will not comment on the quality of materials
and workmanship. While we may offer suggestions, final decisions
regarding maintenance or repairs are left to you and your
tradesperson.
In addition, the inspector is not allowed to answer the question: "Would
you buy this home if you were me?" Our purpose is to create a Report
that can help you in your decision, but you should not base the
decision to buy solely on our Report. Your decision to purchase this
home includes responsibility for the future maintenance of the
grounds, structure, and mechanical/electrical/plumbing systems.
Unfortunately, some homebuyer's later wish that they had not bought
their home. Because you are a thoughtful consumer, we do not expect
that situation to develop. But in the unlikely event is should, your
signature below waives the claim "But for your inspection, I would
not have bought this home," and other similar claims.
Time is of the essence to this agreement. In the event either party fails
to comply with the provisions herein, all rights shall terminate. No
further notice is required or shall be given. Paragraph titles and
headings are not to be considered part of this agreement. This
document along with the inspection report form contains the entire
agreement between the parties and supersedes all prior agreements or
representations with respect to the services for which the agreement
was drawn.
DISPUTE RESOLUTION
If you feel that the inspection was negligent in some respect, you are
personally expected to immediately (and in no instance, more than
six months from the date of the inspection) communicate this IN
WRITING to our address above. Communication must be from the party
originally contracting with us for our service. {NOTE: If you call
in contractors to comment on a component, you can expect subjective
and biased opinions from their sales people in an effort to generate
work.} However, we will respond to any legitimate complaint.
We believe that the difference between a good company and a bad company
is how they handle complaints, and we want you to know that we
intend to be a good company. If we are unable to come to a
resolution as a result of communication between the parties, you are
next required to submit any notice to the above address. Any dispute
over the content, performance or execution of the agreement shall be
governed by the laws of the State of Alabama. Any dispute concerning
this matter shall be litigated in the courts of Lee County, Alabama.
Property or equipment in dispute must be made accessible for
re-inspection and/or arbitration. All inspections will be judged
against the performance of a reasonably fair and diligent inspection
and not against results or occurrences. No consideration shall be
given to clients who fail to perform a pre-closing walk-through
inspection prior to transfer of title. By agreement herein, no
settlement in favor of the client shall exceed the inspection fee.
Disputes must be initiated within one year of the date of the
original inspection. Disputes settled without favor to the client
will mandate payment of fees at the hourly rate below for time
invested by the inspector, his/her representatives, staff or
principals.
SUBSTITUTE DISCLOSURE
The inspection performed by the inspector is supplemental to any real
estate transfer or Seller's Disclosure Statement and shall not be
used as a substitute for such Disclosure Statements. Should any
element of this agreement be declared void, it shall be stricken and
the remaining provisions shall remain in full force and effect. This
agreement constitutes the entire understanding of the parties with
regard to this matter, and no statements, oral or otherwise, shall
be enforceable unless made in writing and signed by both parties.
Payment is due at the time of inspection or at time of report
delivery, unless other arrangements have been made prior to the
scheduled inspection.
If collection action is instituted on these fees, I (we) promise to pay
resulting collection and/or attorney's fees. Deferred payments are
subject to a surcharge of 20% if not received in our offices within
3 days of the date of the inspection or the due date, ($300.00 Fee =
$60.00 surcharge). Plus, fees are subject to interest at 1.5% /
month.
NOTE: The Inspection Fee is for the service performed on the
property. Re-inspections, Research, or Expanded Reports, (including
disputed issues, litigation support, depositions, document
retrieval, document preparation and expert witness consultations,
requiring investment of time by our staff or principals), will be
payable at the rate of $190.00 per hour.
PERMISSION IS GRANTED TO PERFORM AN INSPECTION PER THE ABOVE
AGREEMENT AND PAYMENT IS AGREED UPON AS OUTLINED ABOVE.
PERMISSION IS GRANTED TO COMPLETE HOME INSPECTORS TO RELEASE COPIES
OF THE INSPECTION REPORT TO THE REAL ESTATE AGENTS INVOLVED IN THIS
TRANSACTION.
The client acknowledges that he/she has read this agreement in full,
prior to accepting same, and understands and agrees to all terms and
conditions herein. Please complete each box below.
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