The Home Inspection Agreement
We endeavor to keep the agreement as short and concise as possible, but alas, agreements always seem too legalese.
We have added additional comments in green print. Note that this agreement follows much of the language of ASHI, the American Society Of Home Inspectors (see ASHI.org)
J.A.L.& Associates, Inc. Building Inspections & Energy Audits, 287 East Square Lake Rd., Troy, MI 48085-3166, , Fax: 248/828-7863 Bus: 248/224-0258
Pre-Purchase - Pre-Sale Visual Physical Condition Opinion
- Without Warranty -
Opinion of Building Conditions - Inspection Agreement & Disclaimer
This inspection and the two opinion reports are prepared for the sole and exclusive use of the listed client. The inspection and reports may not be assigned and are non-transferable. No warranties, expressed or implied, as to the content or representations contained therein shall be conveyed or assigned to any person and/or entity not a party to this agreement. All rights reserved by the issuer as well as the right to timely revisions.
JAL & ASSOCIATES, INC. Building Condition Opinions are based on the standards of practice established by the American Society of Home Inspectors. (Use of these standards is part of our reporting system and available at no cost at www.ASHI.com).
THE INSPECTION IS ESSENTIALLY VISUAL, IS NOT TECHNICALLY EXHAUSTIVE, AND DOES NOT GUARANTEE OR IMPLY THAT EVERY DEFECT WILL BE DISCOVERED. Also, latent defects or defects detectable only by invasive means are not, and cannot be addressed. The inspection covers only the items reported on for function and safety, not for code compliance. The inspection is not an environmental assessment of the site or building (radon, asbestos, mold, pollution, pesticides, etc.) and those items not specifically indicated as inspected should not be considered inspected. Always check our opinions with specialists, prior to purchase. Problems or areas of concern may be more extensive upon investigation by a specialist.
This report is intended for the sole use of the client (named above) and is not to be relied upon or shared in any way with third parties. NO EXPRESSED WARRANTY IS GIVEN CONCERNING THE BUILDING(S) AND EQUIPMENT FOR THEIR FUTURE USEFULNESS. Client or agent authorization of the inspection of this property, or payment for the services constitutes acceptance of this agreement, of this inspection, and the inspection fees, and authorizes JAL & ASSOCIATES, INC. and its representatives to disclose information within the reports, to sellers, agents, lenders, and insurers intimate to this transaction for the purpose of clarification or facilitation of repairs. Areas/Items not marked in the report, or stated or indicated "not inspected/not applicable" were not inspected, possibly inaccessible, and otherwise totally disclaimed.
NO DESTRUCTIVE TESTING OF ANY KIND CAN OR WILL BE PERFORMED. This includes water hose flood testing, chimney smoke test, heat exchanger gas tests, etc. Exceptions to the above must be made with prior arrangement and permission from the property owners. These are exception tests and an appropriate fee will be quoted.Our fees are based on limited visual observations typically requiring 2 to 3 hours to complete. Return trips and re-inspections, follow-up reports and interpretations will be payable at $125 for the first hour and $100 per hour thereafter, (1 hour minimum).
(Please note that the following items are outside the scope of normal inspections. These are things inspectors do not do, cannot see, or more in depth than most clients want)
OUR FEES FOR THESE OPINION REPORTS DO NOT INCLUDE CHECKING OR PERFORMING TESTS FOR THE FOLLOWING ITEMS OR CONDITIONS UNLESS OTHERWISE SPECIFICALLY INCLUDED AND ADDED IN WRITING:
Accuracy of thermostats, timers, humidistats.
Intercoms, security systems & alarms, timed lighting controls, etc.
Efficiencies and load capacity of heating or cooling systems and alarms, etc.
Swimming pools or outdoor spas, hot tubs and all related equipment.
Water/air quality systems including filtration and softeners. Toxic or allergic substances. Asbestos, Radon, Pesticides, Mold, Urea Formaldehyde Insulation, etc.
Items or conditions which cannot be seen or which require disassembly or removal: well casings and pumps, sewer, water, electric lines, septic tanks and fields, heat exchangers, humidifiers, ranges, refrigerators, insulation, etc., or the lighting of gas pilots or testing garage door opener impact safety reverse mechanisms or actions.
Inaccessible areas or areas likely to pose a hazard to the inspector
Utilities not turned on, service panels and other house components blocked or which require potentially destructive or damaging entry or access methods.
Areas or components blocked by furniture, appliances, or stored items - such as electrical outlets, windows, closets, cabinets, plumbing, etc.
Defects, leaks or other unsatisfactory conditions beneath or behind walls, ceilings, floor coverings, etc.
Secured, discontinued or tagged equipment and non-central furnaces, air conditioners or appliances with their pilot extinguished or energy source shut off
Antennae, phone, cable TV, security system, centralized/smart house control systems, intercommunication systems, etc. and all their associated wiring
Radio frequencies for automatic doors or automatic garage door reversing mechanisms, etc.
Other than interconnected smoke detector systems less than 10 years old.
Drop light or video scan sighting in chimneys. Fireplace drafting, cap removal, etc.
Any mechanical operation or access expressly prohibited by the owner.
Winterized, sealed or covered items or equipment, or air conditioner in an exterior environment below 65 degrees F.
Roofs not accessible with a 12 foot ladder, or too steep, or missing "H" clips.
Testing of water & gas shutoff valves, and heater safety and drain valves.
Removal of paneling, carpeting, wall or floor coverings, trim, etc.
Lawn watering systems.
Back flow prevention and cross connection prevention devices.
THE FOLLOWING POTENTIAL TESTS, INSPECTIONS AND OPINIONS ARE NOT INCLUDED WITH THIS INSPECTION REPORT, BUT ARE RECOMMENDED FOR A MORE ACCURATE ASSESSMENT OF ANY PURCHASE RISK. AN APPROPRIATE SPECIALIST SHOULD BE CONSULTED. Each requires an hour or more to perform.
Geologic, site and soil analysis, slide, tremor, wind, flood, noise (cars, planes, etc.).
Heat exchanger testing; smoke, salt, gas, odor or color.
Electrical circuitry, impedance, capacity or compliance with national or local codes.
Plumbing/gas pressure, leakage, venting and materials tests, capacity, or compliance with national or local codes.
Underground piping or utilities or locations, impediments, electrical fields, septic systems, water wells, etc.
Easements, covenants, restrictions, right of ways, etc. by city, community or home association, deed restrictions, etc.
Heat/cooling load surveys or calculations, Air/water flow/ velocity measurements, etc.
Conformance to statutes, laws, codes, regulations, occupancy, suitability for a specific use, other property influences, etc.
Structural/durability analysis, wood destroying organisms, pests, mold, etc.
Water leakage and drainage test of any type: roof, siding, outside faucets, underground and site drainage, etc.
Land, boundary surveys, site hazards, insurability, development potential, etc.
Expert analysis: Structural, electrical, environmental, heating/air conditioning, plumbing, waterproof, roofing, siding, glazing, painting, plastering/masonry, swimming pool, hot tub, security, fire protections, etc.
(Please note that we believe the following is the fairest method if there were an issue regarding our inspection. Most inspectors just only refund your inspection fee for any major errors or omissions they commit. We are fully insured.)
** ARBITRATION CLAUSE AND REPAIRS **
Any dispute, controversy or claim arising out of, or relating to this agreement or breach thereof shall be submitted to final and binding arbitration under the Expedited Arbitration Rules of the American Arbitration Association. 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.
You agree to - 1) file all claims within 180 days of the inspection date, 2) Immediately notify J.A.L. & Associates, Inc. in writing with the resolve you seek along with a copy of both reports, (Visual Physical Condition, and Inspection Opinion & Notes) in the event you claim that JAL & Associates, Inc. and its employees failed to perform its duties and obligations under this contract, or was negligent and repair must be made, 3) make available those areas requiring repair for inspection by JAL & Associates, Inc. and its agents before any permanent repairs or improvements are undertaken, 4) make all necessary temporary repairs to protect the occupants and the property from further injury or damage, 5) be responsible for all cost of repairs beyond the minimum standard required by, local code and regulation in effect when the components were originally installed, and the aesthetic condition of the property at the time of the original inspection, and 6) if any of the items 1 through 5 above are not followed, you agree to limit total liability of J.A.L. & Associates, Inc. and its employees and agents to no more than one half of the original inspection fee paid them for any and in total for all claims.
No destructive testing will be performed, i.e. flooding of grade, foundation, wall or floor cracks and joints, roof, deck surface, siding or windows, nor prying open, loose or off of building materials or digging, will be undertaken without prior written consent of the homeowner. Additional inspection fees will be charged accordingly.
Always obtain a full evaluation of the system, along with a written estimate, from an appropriate specialist for the items listed below and in the addendum pages before making your purchase decision. Inspection limitations encountered during your inspection are listed in the inspection binder, or inferred within these pages, photographed, or verbally communicated.
No building is perfect, 100% peace of mind cannot be achieved when buying.
By affixing my signature to this document, I acknowledge that I have read and understand the preceding four page standard agreement, and I agree to the terms, limitations and exclusions. I also agree to read the report and addendum pages, and agree to pay an additional $50.00 fee to process any returned check.
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