PRO-SPEC Residential Services, LLC
Home Inspection, Pre-Inspection Agreement
Please Read Carefully Page 1 of 3
THIS AGREEMENT is made and entered into between “PRO-SPEC Residential Services, LLC” referred to as “Inspector”,
and______________________________________________ , referred to as “Client”.
In consideration of the promise and terms of this Agreement, the parties agree as follows:
1. The client will pay the sum of $__________________ for the inspection of the “Property”, being the residence, and garage or carport, if applicable, located at , _________________________________________________________________
Inspection #: __________________ _________________________________________________________________
2. The parties agree that the New York State Code of Ethics and Standards of Practice for Home Inspectors shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein. The New York State Code of Ethics and Standards of Practice for Home Inspectors are available at (www.dos.state.ny.us).
(Items 3 & 4 Required by NYS Department of State)
Section 197-4.2 (Written Contracts)
3. “Home inspectors are licensed by NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement. Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in the Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services unless duly licensed to do so”.
4. If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.
5. Home inspectors shall fully adhere to and comply with the provisions of Article 12-B of the Real Property Law and all regulations promulgated thereunder including, but not limited to, this Code of Ethics and Regulations and the Standards of Practice. Section 197-5.3 (NYS) Minimum Requirements
(a) Home inspectors shall observe and report on readily accessible, visually observable installed systems and components as set forth in these Standards of Practice.
(b) Home inspectors shall report on those systems and components observed that, in the professional opinion of the home inspector, are deficient, not functioning properly and/or unsafe.
(c) If a home inspector has not observed a particular system or major component, he or she shall list said item in the inspection report as an item that was not observed and shall set forth the reasons why said item was not observed.
6. Home inspectors will not knowingly engage in, permit or aid and abet, in unlicensed and/or unlawful activity.
Section 197-4.4 (NYS) Unlicensed and Unlawful Activity
(a) Home inspectors shall not engage in, knowingly permit or aid and abet, unlicensed or activity that is prohibited by Article 12-B of the Real Property Law or the regulations promulgated thereunder.
(b) In the event that a client insists upon a home inspector engaging in unlawful and/or unethical conduct, the home inspector shall, after notice to the client that such conduct is unlawful or unethical, be permitted to immediately withdraw from the assignment or contract.
(c) Home inspectors shall not determine property boundary lines or encroachments, easements or any limitations of use of the property.
(d) Home inspectors shall not determine compliance with regulations, codes, laws or ordinances.
(e) Home inspectors shall not determine the market value of the property or its marketability.
7. The Inspector will perform a visual inspection of the readily accessible installed systems and components of the home and garage or carport and prepare a written report of the apparent condition of these systems existing at the time of the inspection. Latent and concealed defects and deficiencies are excepted and/or excluded from the inspection. Outbuildings, barns and unattached garages are not included in the home inspection. The inspection and report represent the opinion of the inspector, of the inspected items, at the time of inspection. Opinions from other contractors may vary as to condition, fitness for use, scope of repairs needed, life expectancy and/or replacement cost. The inspector is not responsible for the cost of repair and/or replacement of items that may be deemed necessary by others.
· Installed systems and components inspected: Site Conditions; Structural Systems; Exterior; Roof Systems; Plumbing System; Electrical System; Heating System; Air Conditioning Systems; Interior; Insulation and Ventilation; Fireplaces; Attics.
8. The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components and/or systems inspected. THE INSPECTOR MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, AND/OR SYSTEM. The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any reported or unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature.
9. In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least 72 hours prior to repairing or replacing such system or component and permit inspection of the condition that gave rise to the complaint. The Client further agrees that the Inspector is liable only if there has been a complete failure of the installed system or component, and a complete failure to follow the New York State Code of Ethics and Standards of Practice for Home Inspectors and/or State law.
10. In the event that a claim is made by the Client;
THE CLIENT AGREES THAT THE INSPECTOR IS LIABLE ONLY UP TO THE COST OF THE INSPECTION.
If repairs or replacement is done without giving the Inspector the required notice, the Inspector will have no liability to the Client. Furthermore, any claim or legal action must be brought within one (1) year from the date of the inspection or will be deemed waived and forever barred.
11. Some New York State Standard definitions that are important to the report Section 197-5. 1 Definitions
·Inspect: means to visually examine any system or component of a building in accordance with these Standards of Practice, using normal operating controls and opening readily operable access panels.
·Component: means a readily accessible and observable aspect of a system such as a floor or a wall, but not individual pieces such as boards or nails where many similar pieces make up the component.
·Observable: means able to be observed at the time of the inspection without the removal of covering, fixed, finished and or stored materials.
Readily Accessible: means available for visual inspection without requiring the home inspector to remove or dismantle any personal property, use destructive measures, or take any action which will likely involve risk to persons or property.
Readily Operable Access Panel: means a panel provided for homeowner inspection and maintenance, which has removable or operable fasteners or latch devices in order to be lifted, swung open, or otherwise removed by one person, and its edges and fasteners are not painted in place. The panel must be within normal reach and not blocked by stored items, furniture or building components.
Dismantle: means to take apart or remove any component, devise, or piece of equipment that is bolted, screwed, or fastened and that a homeowner in the course of normal household maintenance would not dismantle.
· Further Evaluation: means the examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.
12. Examples of materials and objects not moved or removed during a visual home inspection include but are not limited to
Insulation; Ceiling Tiles; Storage or Stored Items; Furniture; Window Treatments; Secured Access Panels or Hatches;
13. Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: Governing Codes, Ordinances, Statutes and Covenants; Manufacturer Specifications and Manufacturer Recalls; Radon; Pest Infestation; Molds, Mildew and/or Fungi; Lead Paint; Asbestos; Formaldehyde; Toxic Materials or Toxins; Flammable Materials; Chinese Drywall; other Environmental Hazards; Fences and Privacy Walls; Health and Condition of Trees, Shrubs and Other Vegetation; Screening, Shutters, Awnings and other Seasonal Accessories; Geological and/or Soil Conditions; Erosion Control and Earth Stabilization Measures; Out-Buildings; Recreational Equipment or Facilities; Tennis Courts, Jetted Tubs, Hot Tubs, Swimming Pools, Saunas, and Other Similar Structures; Security Locks, Devices or Systems; Presence of Safety-Type Glass, the Integrity of Thermal Window Seals or Damaged Glass; Antennas, Lightening Arresters or Similar Attachments; Flues or Chimneys that are not Readily Accessible; Operation of Main, Branch or Fixture Valves; Determining Water Temperature; Exterior Plumbing Components or Systems; Underground Drainage Systems; Fire Sprinkler Systems; Potability of any Water Supply; Water Conditioning Equipment, Softeners and/or Filters; Free Standing or Built in Appliances; Private Water Supply Systems; Testing of Shower Pans, Tub and Shower Surrounds or Enclosures for Leakage; Gas Supply Systems for Materials, Installation or Leakage; Water Wells, Pressure Tanks and Pumps; Quantity of Water from onsite Water Supplies; On-Site Sewage Disposal Systems; Solar Water Heating Systems; Fire Protection Systems; Remote Control Devices; Alarm Systems and Components; Low Voltage Systems and Components; Ancillary Wiring Systems and Components; Low Voltage Relays; Smoke and/or Heat Detectors; Electrical De-Icing Tapes; Lawn Sprinkler Wiring; Swimming Pool Wiring; Systems Controlled by Timers; Evaluation of Heat Exchangers; Interior of Chimney Flues; Humidifiers; Air Purifiers; Motorized Dampers; Heat Reclaimers; Household Appliances; Paint, Wallpaper and other Treatments to Windows, Interior Walls, Ceilings and Floors; Presence of and/or Condition of Underground Storage Tanks and Piping; Energy Efficiency Measurements; Humidifiers; Concealed or Private Secured Systems; Water Wells; Heating Systems Accessories; Solar Heating Systems; Sprinkling Systems; Water Softeners or Conditioners; Central Vacuum Systems; Telephone, Intercom or Cable TV Systems; Antennae; Lightning Arrestors;.
The Client understands that these systems, items and conditions are excepted and/or excluded from this inspection.
Any general comments about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection. Comments about, inspection of, or testing of, one or more of these items does not infer inspection or testing of all of these items.
14. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless the Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim.
This Agreement, including the terms and conditions on the first, second and third pages, represents the entire agreement between the parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties.
15. If Client is married, Client represents that this obligation is a family obligation incurred in the interest of the family.
Client has read this entire Agreement (three pages) and accepts and understands this Agreement as hereby acknowledged.
Buyer Present: Yes No E-Mail
Client’s Signature: Date: _______________
Client’s Signature: Date: _______________
Client agrees to release reports to Others / Realtor®: Yes No
Agent present: Yes No
Inspector’s Signature Date ________________
James R. Gibb NYS DOS ID# 16000006721