Michael Morales, CPI
Certified Professional Inspector®
PRE INSPECTION AGREEMENT
INSPECTOR agrees to perform a limited visual inspection of the homes/buildings systems and components included in the inspection and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material as they exist at the time of inspection. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The home inspection is based on the observations made at the time of the inspection, and not a prediction of future conditions. The inspection report will not reveal every issue that exists or ever could exist, but only those material defects observed at the time of the inspection. The report is only supplementary to the seller’s disclosure.
A home inspection is a limited visual, functional, non-invasive inspection, conducted for a fee and including the preparation of a home inspection report of the accessible elements of the following systems and components of a residential building: structural, exterior, roofing, plumbing, electrical, heating, cooling, interior, insulation and ventilation, fireplaces and solid fuel burning appliances, but excluding recreational facilities and outbuildings other than garages or carports. The purpose of the home inspection is to identify and report on material defects found in those systems and components. A material defect is a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property, or that poses an unreasonable risk to people. The fact that a system or component is near, at, or beyond the end of its normal, useful life is not, in itself, a material defect of the dwelling and does not include decorative, stylistic, cosmetic, or aesthetic aspects of any system, structure or component. Accessible means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property.
Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees to follow InterNACHI’s Standards of Practice, CLIENT understands that these standards contain limitations, exceptions, and exclusions. CLIENT understands that InterNACHI is not a party to this Agreement and has no control over INSPECTOR or representations made by INSPECTOR and does not supervise INSPECTOR. CLIENT understands that this inspection is not an environmental survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials. Such environmental concerns and hazards include, but are not limited to: asbestos, radon, lead, urea formaldehyde, mold mildew, fungus, odors, noise, toxic or flammable chemicals, water or air quality, PCB’s or other toxins, electromagnetic fields, underground storage tanks, proximity to toxic waste sites, carbon monoxide, the presence of or any hazards associated with the use of Chinese drywall at the property, any adverse conditions which may affect the property, including conditions due to the installation of suspect stucco/synthetic stucco and/or EIFS, or any other environmental or health hazards. Also excluded are inspections of and on swimming pools, spas and heating systems, wells, septic systems, security, phone, cable, central vacuum systems, water softeners or filter systems, sprinkler systems, fire and safety equipment and the presence or absence of rodents, termites, insect or any type of pest infestation. CLIENT understands that INSPECTOR is not responsible for and will not report on any compliance with applicable building codes and is not a certification for past or present government codes or regulations of any kind.
The inspection and report are for the use of CLIENT only, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repair persons, and other interested parties. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release INSPECTOR (including employees and business entities) from any liability whatsoever. INSPECTOR’S inspection of the property and the report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.
The CLIENT understands that the inspection does not include the removal of drywall, paneling, suspended ceiling tiles, insulation, carpeting, moving of furniture, personal property, equipment, plants, soil, snow, ice, or debris. The INSPECTOR cannot and will not render an opinion as to the condition of any systems or components of the Property that are concealed by walls, drywall, paneling, suspended ceiling tiles, insulation, carpeting, furniture or any other items stored in or on the property at the time of the inspection. Latent, concealed defects and deficiencies are excluded from the inspection: equipment, systems and items will not be dismantled.
The CLIENT understands that due to prevailing weather conditions, and time constraints in performing the home inspection, the INSPECTOR cannot warrant that the Property is completely free from any water penetration, whether the water penetration relates to the roof, eaves, exterior wall cladding, interior wall cladding, defects in window installation, landscaping, exterior drainage issues, interior plumbing, or any other system or component at the Property. The CLIENT understands that the INSPECTOR will use its best efforts to determine, based solely on visible conditions at the time of the inspection, whether there are ongoing water penetration issues at the Property that constitute a material defect. The CLIENT should inquire of the Sellers of the Property whether the Property has been subject to water penetration at any time prior to purchase by the CLIENT, the source and extent of the water penetration, and whether any efforts were made to correct water penetration problems. The CLIENT further understands that the CLIENT should make an additional visual inspection of the Property subsequent to the home inspection and prior to closing so as to determine whether there is any visible evidence of water penetration at the Property not disclosed in the Inspection Report or by the Seller.
UNCONDITIONAL RELEASE AND LIMITED LIABILITY
CLIENT herby releases and exempts the INSPECTOR and its agents and employees of any and from all liability for the cost of repair or replacement of unreported defects or deficiencies and for any consequential damage, property damage or personal injury of any nature, either current or arising from in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee.
The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in Favor of or against any party.
In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery by certified mail to 4M Inspections Corp, 103 Pennock Landing Circle, Jupiter, Fl. 33458; and (2) access to the premises. Failure to comply with the above conditions will release INSPECTOR and constitute a waiver of such claim and all obligations or liability of any kind.
Any disputes, 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 inspection and inspection report shall be submitted for final and binding arbitration under the rules and procedures of the American Arbitration Association. CLIENT agrees to pay all required filling fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction.
The parties agree that any litigation arising out of this Agreement shall be filed only in the Court having jurisdiction in the County in which the INSPECTOR has its principal place of business. In the event that CLIENT fails to prove any claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. In any action against INSPECTOR, CLIENT waives trial by jury.
The failure by one party to require performance of any provisions shall not affect the part’s right to require performance at any time thereafter, nor shall waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. No statement or promise of INSPECTOR or its agents shall be binding unless reduced to writing and signed by INSPECTOR. No change shall be enforceable against any party unless it is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection without regard to the date the breach is discovered. Any action not brought within that one-year time frame period shall be barred, without regard to any other limitations period set forth by the law or statute.
Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.
Payment of the fee to INSPECTOR (less any deposit noted above) is due upon completion of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC, or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
The CLIENT understands that if any system and/or components of the property cannot be inspected due to unforeseen circumstances during the initial Inspection, it is the CLIENTS duty to contact the INSPECTOR should the CLIENT desire the INSPECTOR to return to the Property at a later date or time to re inspect those systems and/or components. Any system and/or components not inspected due to unforeseen circumstances will be identified in the Home Inspection report. If CLIENT desires the INSPECTOR to return at a later date or time, CLIENT herby agrees that the INSPECTOR will charge the CLIENT an additional fee in the amount of $150.00 to conduct the desired subsequent inspection and is also subject to all the terms and conditions set forth in this agreement.
CLIENT agrees that this inspection may be made by facsimile which shall constitute an original. It is also understood and agreed that an acceptance of the terms and conditions contained herein by the CLIENT shall be binding if made by computer or over the internet. The person who signs this agreement represents that they have the full authority to sign on behalf of all named CLIENTS on this agreement. If any named CLIENT denies the authority to sign, the person signing agrees to hold harmless the INSPECTOR and/or COMPANY for all costs, expenses and damages, including judgments that may be entered against the INSPECTOR and/or COMPANY and its reasonable legal fees, if the INSPECTOR and/or COMPANY, incurs same as a result of said denial of authority.
Copyright 2013-2019 • 4M Inspections Corp • Michael Morales • 561-909-8877 • Michael@4minspections.com
InterNachi STANDARDS OF PRACTICE AND CODE OF ETHICS
4M Inspections Corp. provides services in the following areas:
Florida Counties: Indian River, St. Lucie, Martin, Okeechobee, Glades, Hendry, Palm Beach, Broward & Dade
Florida Home Inspector # HI8898