GreatCityInspections.com

Inspected Once, Inspected Right!

Inspection Agreement

Great City Inspections Inc.

Home Inspection Agreement

The address of the property is_________________________________.

Fee for the home inspection is $____________________. INSPECTOR acknowledges receiving a deposit of $_________________ from CLIENT.

THIS AGREEMENT made this _____________ day of _______________________________________, 2005, by and between

Great City Inspections Inc. Hereinafter “INSPECTOR”) and the undersigned (hereinafter “CLIENT”), collectively referred to herein as “the parties.” The Parties Understand and Voluntarily Agree as follows:

1. INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written inspection report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained-for report. The report is only supplementary to the seller’s disclosure.

2. Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance to the current Standards of Practice of the National Association of Certified Home Inspectors posted at http://www.greatcityinspections.com. CLIENT understands that these standards contain certain limitations, exceptions, and exclusions.

3. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR’S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. Any and all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded by this Agreement.

4. . INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents, employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses and payments 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 agrees that 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 Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc.” 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. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. 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.

5. INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the inspector holds a valid occupational license, in which case he/she may inform the CLIENT that he/she is so licensed, and is therefore qualified to go beyond this basic home inspection, and for additional fee, perform additional inspections beyond those within the scope of the basic home inspection. Any agreement for such additional inspections shall be separate and in writing.

6. 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, and (2) Access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind.

7. 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 adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.

8. If any court declares any provision of this Agreement invalid or unenforceable, 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 or modification shall be enforceable against any party unless such change or modification 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.

9. 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.

CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.

__________________________ _______________________

FOR INSPECTOR CLIENT OR REPRESENTATIVE

Inspected Once, Inspected Right!

Standards of Practice pg 2

Standards of Practice Page 2

Continued from page 1

2.8. Fireplace

I. The inspector shall inspect:

A. The fireplace, and open and close the damper door if readily accessible and operable.
B. Hearth extensions and other permanently installed components.
C. And report as in need of repair deficiencies in the lintel, hearth and material surrounding the fireplace, including clearance from combustible materials

II. The inspector is not required to:

A. Inspect the vent system.
B. Inspect the interior of the chimney or flue, fire doors or screens, seals or mantels.
C. Determine the need for a chimney sweep.
D. Operate gas fireplace inserts.
E. Light pilot flames.
F. Determine the appropriateness of such installation.
G. Inspect automatic fuel feed devices.
H. Inspect combustion make up devices.
I. Inspect heat distribution assists whether gravity controlled or fan assisted.
J. Ignite or extinguish fires.
K. Determine draft characteristics. L. Move fireplace inserts, stoves, or firebox contents.
M. Determine adequacy of draft, perform a smoke test or dismantle or remove any component.

2.9. Attic, Ventilation & Insulation

I. The inspector shall inspect:

A. The insulation in unfinished spaces.
B. The ventilation of attic spaces.
C. Mechanical ventilation systems.
D. And report on the general absence or lack of insulation.

II. The inspector is not required to:

A. Enter the attic or unfinished spaces that are not readily accessible or where entry could cause damage or pose a safety hazard to the inspector in his or her opinion.
B. To move or touch insulation.
C. To move or touch vapor retarders.
D. Break or otherwise damage the surface finish or weather seal on or around access panels and covers.
E. Identify the composition or the exact R-value of insulation material.
F. Activate thermostatically operated fans.
G. Determine the types of materials used in insulation/wrapping of pipes, ducts, jackets, boilers, and wiring.

2.10. Doors, Windows & Interior

I. The inspector shall:

A. Open and close a representative number of doors and windows.
B. Inspect the walls, ceilings, steps, stairways, and railings.
C. Inspect garage doors and garage door openers by operating first by remote (if available) and then by the installed automatic door control.
D. And report as in need of repair any installed electronic sensors that are not operable or not installed at proper heights above the garage door.
E. And report as in need of repair any door locks or side ropes that have not been removed or disabled when garage door opener is in use.
F. And report as in need of repair any windows that are obviously fogged or display other evidence of broken seals.

II. The inspector is not required to:

A. Inspect paint, wallpaper, window treatments or finish treatments.
B. Inspect central vacuum systems.
C. Inspect safety glazing in locations subject to human impact.
D. Inspect security components.
E. Evaluate the fastening of countertops, cabinets, sink tops and fixtures, or firewall compromises.
F. Move furniture, stored items, or any coverings like carpets or rugs in order to inspect the concealed floor structure.
G. Move drop ceiling tiles.
H. Inspect or move any household appliances.
I. Inspect or operate equipment housed in the garage except as otherwise noted.
J. Verify or certify safe operation of any auto reverse or related safety function of a garage door.
K. Operate or evaluate security bar release and opening mechanisms, whether interior or exterior, including compliance with local, state, or federal standards.
L. Operate any system, appliance or component that requires the use of special keys, codes, combinations, or devices.
M. Operate or evaluate self-cleaning oven cycles or signal lights.
N. Determine leakage from microwave ovens.
O. Operate or examine any sauna, steam-jenny, kiln, toaster, ice-maker, coffee-maker, can-opener, bread-warmer, blender, instant hot water dispenser, or other small, ancillary devices.
P. Inspect elevators.
Q. Inspect remote controls.
R. Inspect appliances.
S. Inspect items not permanently installed.
T. Examine or operate any above-ground, movable, freestanding, or otherwise non-permanently installed pool/spa or self-contained equipment.
U. Come into contact with any pool or spa water in order to determine the system structure or components.
V. Determine the adequacy of spa jet water force or bubble effect.
W. Determine the structural integrity or leakage of a pool or spa.

3. Limitations, Exceptions & Exclusions

3.1. Limitations:

I. An inspection is not technically exhaustive.
II. An inspection will not identify concealed or latent defects.
III. An inspection will not deal with aesthetic concerns or what could be deemed matters of taste, cosmetic, etc.
IV. An inspection will not determine the suitability of the property for any use.
V. An inspection does not determine the market value of the property or its marketability.
VI. An inspection does not determine the advisability or inadvisability of the purchase of the inspected property.
VII. An inspection does not determine the life expectancy of the property or any components or systems therein.
VIII. An inspection does not include items not permanently installed.
IX. These Standards of Practice apply only to homes with four or fewer dwelling units.

3.2. Exclusions:

I. The inspectors are not required to determine:

A. Property boundary lines or encroachments.
B. The condition of any component or system that is not readily accessible.
C. The service life expectancy of any component or system.
D. The size, capacity, BTU, performance, or efficiency of any component or system.
E. The cause or reason of any condition.
F. The cause for the need of repair or replacement of any system or component.
G. Future conditions.
H. The compliance with codes or regulations.
I. The presence of evidence of rodents, animals or insects.
J. The presence of mold, mildew or fungus.
K. The presence of air-borne hazards.
L. The presence of birds.
M. The presence of other flora or fauna.
N. The air quality.
O. The existence of asbestos.
P. The existence of environmental hazards.
Q. The existence of electro-magnetic fields.
R. The presence of hazardous materials including, but not limited to, the presence of lead in paint.
S. Any hazardous waste conditions.
T. Any manufacturer recalls or conformance with manufacturer installation or any information included in the consumer protection bulletin.
U. Operating costs of systems.
V. Replacement or repair cost estimates.
W. The acoustical properties of any systems.
X. Estimates of how much it will cost to run any given system.

II. The inspectors are not required to operate:

A. Any system that is shut down.
B. Any system that does not function properly.
C. Or evaluate low voltage electrical systems such as, but not limited to:
1. Phone lines.
2. Cable lines.
3. Antennae.
4. Lights.
5. Remote controls.
D. Any system that does not turn on with the use of normal operating controls.
E. Any shut off valve.
F. Any electrical disconnect or over current protection devices.
G. Any alarm systems.
H. Moisture meters, gas detectors or similar equipment.

III. The inspectors are not required to:

A. Move any personal items or other obstructions, such as, but not limited to:

1. Throw rugs.
2. Furniture.
3. Floor or wall coverings.
4. Ceiling tiles
5. Window coverings.
6. Equipment.
7. Plants.
8. Ice.
9. Debris.
10. Snow.
11. Water.
12. Dirt.
13. Foliage.
14. Pets

B. Dismantle, open, or uncover any system or component.
C. Enter or access any area which may, in the opinion of the inspector, to be unsafe or risk personal safety.
D. Enter crawlspaces or other areas that are unsafe or not readily accessible.
E. Inspect underground items such as, but not limited to, underground storage tanks or other indications of their presence, whether abandoned or actively used.
F. Do anything which, in the inspectors opinion, is likely to be unsafe or dangerous to the inspector or others or damage property, such as, but not limited to, walking on roof surfaces, climbing ladders, entering attic spaces or negotiating with dogs.
G. Inspect decorative items.
H. Inspect common elements or areas in multi-unit housing.
I. Inspect intercoms, speaker systems, radio-controlled, security devices or lawn irrigation systems.
J. Offer guarantees or warranties.
K. Offer or perform any engineering services.
L. Offer or perform any trade or professional service other than home inspection.
M. Research the history of the property, report on its potential for alteration, modification, extendibility, or its suitability for a specific or proposed use for occupancy.
N. Determine the age of construction or installation of any system structure, or component of a building, or differentiate between original construction or subsequent additions, improvements, renovations or replacements thereto.
O. Determine the insurability of a property.

4. Glossary of Terms

4.1. Accessible: Can be approached or entered by the inspector safely, without difficulty, fear or danger.

4.2. Activate: To turn on, supply power, or enable systems, equipment, or devices to become active by normal operating controls. Examples include turning on the gas or water supply valves to the fixtures and appliances and activating electrical breakers or fuses.

4.3. Adversely Affect: Constitute, or potentially constitute, a negative or destructive impact.

4.4. Alarm System: Warning devices, installed or free-standing, including but not limited to: Carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.

4.5. Appliance: A household device operated by use of electricity or gas. Not included in this definition are components covered under central heating, central cooling or plumbing.

4.6. Architectural Service: Any practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design, design development, preparation of construction contract documents, and administration of the construction contract.

4.7. Component: A permanently installed or attached fixture, element or part of a system.

4.8. Condition: The visible and conspicuous state of being of an object.

4.9. Crawlspace: The area within the confines of the foundation and between the ground and the underside of the lowest floor structural component.

4.10. Decorative: Ornamental; not required for the operation of essential systems and components of a home.

4.11. Describe: Report in writing a system or component by its type, or other observed characteristics, to distinguish it from other components used for the same purpose.

4.12. Determine: To arrive at an opinion or conclusion pursuant to examination.

4.13. Dismantle: To open, take apart or remove any component, device or piece that would not typically be opened, taken apart or removed by an ordinary occupant.

4.14. Engineering Service: Any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes.

4.15. Enter: To go into an area to observe all visible components.

4.16. Evaluate: To assess the systems, structures or components of a dwelling.

4.17. Examine: To visually look. See Inspect.

4.18. Foundation: The base upon which the structure or wall rests; usually masonry, concrete, or stone, and generally partially underground.

4.19. Function: The action for which an item, component, or system is specially fitted or used or for which an item, component or system exists; to be in action or perform a task.

4.20. Functional: Performing, or able to perform, a function.

4.21. Home Inspection: The process by which an inspector visually examines the readily accessible systems and components of a home and operates those systems and components utilizing these Standards of Practice as a guideline.

4.22. Household Appliances: Kitchen and laundry appliances, room air conditioners, and similar appliances.

4.23. Inspect: To visually look at readily accessible systems and components safely, using normal operating controls and accessing readily accessible panels and areas. 4.24. Inspected Property: The readily accessible areas of the buildings, site, items, components, and systems included in the inspection.

4.25. Inspector: One who performs a real estate inspection.

4.26. Installed: Attached or connected such that the installed item requires tool for removal.

4.27. Material Defect: Refer to section 1.2.

4.28. Normal Operating Controls: Devices such as thermostats that would be operated by ordinary occupants which require no specialized skill or knowledge.

4.29. Observe: To see through visually directed attention.

4.30. Operate: To cause systems to function or turn on with normal operating controls.

4.31. Readily Accessible: An item or component is readily accessible if, in the judgment of the inspector, it is capable of being safely observed without movement of obstacles, detachment or disengagement of connecting or securing devices, or other unsafe or difficult procedures to gain access.

4.32. Recreational Facilities: Spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other exercise, entertainment or athletic facilities.

4.33. Report: A written communication (possibly including digital images) of any material defects seen during the inspection.

4.34. Representative Number: A sufficient number to serve as a typical or characteristic example of the item(s) inspected.

4.35. Safety Glazing: Tempered glass, laminated glass, or rigid plastic.

4.36. Shut Down: Turned off, unplugged, inactive, not in service, not operational, etc.

4.37. Structural Component: A component which supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

4.38. System: An assembly of various components to function as a whole.

4.39. Technically Exhaustive: A comprehensive and detailed examination beyond the scope of a real estate home inspection which would involve or include, but would not be limited to: dismantling, specialized knowledge or training, special equipment, measurements, calculations, testing, research, analysis or other means.

4.40. Unsafe: A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards.

4.41. Verify: To confirm or substantiate.

Inspected Once, Inspected Right!

Great City Inspections Inc.

Home Inspection Agreement

Inspected Once, Inspected Right!

Code of Ethics

Duty to the Public

Duty to Continue Education

Duty to the Profession and NACHI

Inspected Once, Inspected Right!