The Inspection Agreement

LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AGREEMENT

Any person, who accepts, uses or relies on the Inspection Report for any purpose whatsoever, agrees to and accepts all of the limitations.

COMPANY will perform a visual noninvasive, nondestructive, non-engineering, inspection only of the readily accessible areas and conditions of the Subject Property existing at the time of the inspection and provide CUSTOMER with a written report identifying MATERIAL DEFECTS. The inspections performed by Company are based on the personal opinion of the inspector. MATERIAL DEFECTS is defined as follows: “A problem with a residential real property or any portion that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people of 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.
CUSTOMER understands and agrees that COMPANY shall be guided by the Standards of Practice of the American Society of Home Inspectors (the ASHI STANDARDS) in performing the inspection and preparing the Inspection Report. A copy of the Standards will be provided to the CUSTOMER upon request. The CUSTOMER understands and agrees that inspections performed by the COMPANY my reduce the risks associated with purchasing a home, but cannot eliminate those risks. The condition of the subject property may change, or the equipment inspected and reported on may be altered or changed. Therefore, CUSTOMER shall carefully re-inspect the subject property and equipment prior to closing
CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING ARE SPECIFICALLY EXCLUDED FROM THIS INSPECTION AGREEMENT AND THE INSPECTION REPORT, UNLESS CHECKED ON THE FRONT SIDE HEREOF AND PAID FOR BY CUSTOMER: structures detached from the Subject Property, presence or absence of rodents, termites, other wood destroying insects, and other insects or damage caused by rodents, termites, other wood destroying insects, and other insects, mold and/or mildew, indoor or outdoor air quality, interior of chimneys, radon gas, lead paint, underground tanks and wells, septic and other sewage disposal systems, feline urine and/or other wastes, asbestos, lead paint, formaldehyde and other pollutants and toxic chemicals, water quality and adequacy, swimming pools, smoke alarms or other alarm equipment, central vacuum systems, tennis courts, playground equipment, and solar heating or cooling systems, and any recall notices or warnings on any structural component, system, subsystem, component or appliance. Inspection of the foregoing items and substances should be performed, detected and evaluated by other specialists of CUSTOMER’S choice and hire.
CUSTOMER understands and agrees that the Company cannot and does not probe, bore or otherwise invade any physical structure. Company cannot and does not look behind dry wall, paneling, wall papering, under carpeting or other floor covering, above drop ceilings, or other areas which may be blocked or impeded by furniture, personal items or other structures. Inaccessible, non-visible, difficult to reach, latent, or concealed defects or problems are excluded from the inspection Agreement and the Inspection Report. While it is rare, some homeowners purposefully conceal damage or defects in the Subject Property. This type of concealment is particularly difficult to detect in a visual inspection.
CUSTOMER AGREES AND UNDERSTANDS THAT COMPANY’S INSPECTION AND THE INSPECTION REPORT ARE IN NO WAY TO BE CONSIDERED AS A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE PRESENT OR FUTURE CONDITION OF THE SUBJECT PROPERTY. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT CONDITIONS OF THE SUBJECT PROPERTY ON THE DATE OF THE INSPECTION MAY CHANGE AND REQUIRE SUBSEQUENT REPAIR OR REPLACEMENT.
Any controversy or claim arising out of or relating to this Inspection Agreement, the inspections performed hereunder or the inspection report shall be submitted to final and binding arbitration under the American Arbitration Association, and the judgment on the award rendered by the arbitration panel may be entered in any court having jurisdiction hereof. If possible, all arbitrators shall have knowledge of the home inspection industry and, if possible, at least one member of the arbitration panel shall be an active member in good standing of the American Society of Home Inspectors. If CUSTOMER submits or files any lawsuit, claim or controversy with any Court or forum other than the American Arbitration Association, then Customer agrees to pay all reasonable attorneys fees and costs incurred by Company in the defense of the lawsuit, claim or controversy.
The CUSTOMER must initiate any controversy, or claim against COMPANY within 1 (one) year after the date of the Home Inspection Report is delivered to the CUSTOMER OF THE Customer’s agent. If the CUSTOMER does not, the CUSTOMER has no right to initiate a legal action against COMPANY ad COMPANY has no liability to CUSTOMER.
This agreement represents the entire agreement between CUSTOMER and COMPANY, No change or modification shall be enforceable against either party unless such change or modification is in writing and signed by both parties. If any provision of this Inspection Agreement is found to be invalid or unenforceable, such a finding shall not affect any other part of this Inspection Agreement.

(215) 844-2885

melvin.esh@verizon.net


The Inspection Agreement

LIMITATIONS AND EXCLUSIONS OF THE HOME INSPECTION AGREEMENT Any person, who accepts, uses or relies on the Inspection Report for any purpose whatsoever, agrees to and accepts all of the limitations. COMPANY will perform a visual noninvasive, nondestructive, non-engineering, inspection only of the readily accessible areas and conditions of the Subject Property existing at the time of the inspection and provide CUSTOMER with a written report identifying MATERIAL DEFECTS. The inspections performed by Company are based on the personal opinion of the inspector. MATERIAL DEFECTS is defined as follows: “A problem with a residential real property or any portion that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people of 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. CUSTOMER understands and agrees that COMPANY shall be guided by the Standards of Practice of the American Society of Home Inspectors (the ASHI STANDARDS) in performing the inspection and preparing the Inspection Report. A copy of the Standards will be provided to the CUSTOMER upon request. The CUSTOMER understands and agrees that inspections performed by the COMPANY my reduce the risks associated with purchasing a home, but cannot eliminate those risks. The condition of the subject property may change, or the equipment inspected and reported on may be altered or changed. Therefore, CUSTOMER shall carefully re-inspect the subject property and equipment prior to closing CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING ARE SPECIFICALLY EXCLUDED FROM THIS INSPECTION AGREEMENT AND THE INSPECTION REPORT, UNLESS CHECKED ON THE FRONT SIDE HEREOF AND PAID FOR BY CUSTOMER: structures detached from the Subject Property, presence or absence of rodents, termites, other wood destroying insects, and other insects or damage caused by rodents, termites, other wood destroying insects, and other insects, mold and/or mildew, indoor or outdoor air quality, interior of chimneys, radon gas, lead paint, underground tanks and wells, septic and other sewage disposal systems, feline urine and/or other wastes, asbestos, lead paint, formaldehyde and other pollutants and toxic chemicals, water quality and adequacy, swimming pools, smoke alarms or other alarm equipment, central vacuum systems, tennis courts, playground equipment, and solar heating or cooling systems, and any recall notices or warnings on any structural component, system, subsystem, component or appliance. Inspection of the foregoing items and substances should be performed, detected and evaluated by other specialists of CUSTOMER’S choice and hire. CUSTOMER understands and agrees that the Company cannot and does not probe, bore or otherwise invade any physical structure. Company cannot and does not look behind dry wall, paneling, wall papering, under carpeting or other floor covering, above drop ceilings, or other areas which may be blocked or impeded by furniture, personal items or other structures. Inaccessible, non-visible, difficult to reach, latent, or concealed defects or problems are excluded from the inspection Agreement and the Inspection Report. While it is rare, some homeowners purposefully conceal damage or defects in the Subject Property. This type of concealment is particularly difficult to detect in a visual inspection. CUSTOMER AGREES AND UNDERSTANDS THAT COMPANY’S INSPECTION AND THE INSPECTION REPORT ARE IN NO WAY TO BE CONSIDERED AS A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE PRESENT OR FUTURE CONDITION OF THE SUBJECT PROPERTY. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT CONDITIONS OF THE SUBJECT PROPERTY ON THE DATE OF THE INSPECTION MAY CHANGE AND REQUIRE SUBSEQUENT REPAIR OR REPLACEMENT. Any controversy or claim arising out of or relating to this Inspection Agreement, the inspections performed hereunder or the inspection report shall be submitted to final and binding arbitration under the American Arbitration Association, and the judgment on the award rendered by the arbitration panel may be entered in any court having jurisdiction hereof. If possible, all arbitrators shall have knowledge of the home inspection industry and, if possible, at least one member of the arbitration panel shall be an active member in good standing of the American Society of Home Inspectors. If CUSTOMER submits or files any lawsuit, claim or controversy with any Court or forum other than the American Arbitration Association, then Customer agrees to pay all reasonable attorneys fees and costs incurred by Company in the defense of the lawsuit, claim or controversy. The CUSTOMER must initiate any controversy, or claim against COMPANY within 1 (one) year after the date of the Home Inspection Report is delivered to the CUSTOMER OF THE Customer’s agent. If the CUSTOMER does not, the CUSTOMER has no right to initiate a legal action against COMPANY ad COMPANY has no liability to CUSTOMER. This agreement represents the entire agreement between CUSTOMER and COMPANY, No change or modification shall be enforceable against either party unless such change or modification is in writing and signed by both parties. If any provision of this Inspection Agreement is found to be invalid or unenforceable, such a finding shall not affect any other part of this Inspection Agreement.

	(215) 844-2885 melvin.esh@verizon.net