Building Inspections LLC, 3600 Lobelia Dr., Cincinnati, Ohio 45241 513-793-4677
This does not include any add on fees made after this agreement is signed. You agree to be
responsible for any additional fees added on by you after this agreement is signed.
This Pre-Inspection Agreement (“Agreement”) for a home inspection is between Building Inspections LLC (hereinafter referred to as "COMPANY")
(hereinafter referred to as "CLIENT"). CLIENT acknowledges that he/she has read this Agreement and understands its terms and conditions.
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
COMPANY agrees to conduct an inspection for the sole purpose of informing the CLIENT of major deficiencies in the condition of the property, subject to the UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY and INDEMNIFICATION OF THE COMPANY below. The inspection will be performed in accordance with the Standards adopted by the American Society of Home Inspectors (ASHI). A copy of these Standards is available upon request and at www.ashi.org. (http://www.ashi.org/) Upon completion of the inspection, the COMPANY will provide a written report (“the Report”) to the CLIENT. A copy of this Report will also be released to the CLIENT’s representing realtor. However, IF THE CLIENT DOES NOT WISH a copy of the Report to be provided to his/her/its realtor, the CLIENT must inform the COMPANY upon completion of the inspection on-site.
The Report shall be limited to an inspection of the following only:
Structural components including foundation and framing; electrical, plumbing, heating and air condition systems; general interior, including ceilings, walls, floors, windows, insulation and ventilation, steps and stairways, railings, representative number of doors and windows, countertops and a representative number of cabinets; general exterior, including wall covering, roof, gutter, chimney, drainage, grading, garage doors and garage door openers; fireplaces and solid fuel burning appliances. Termite inspections and Radon testing will be conducted, if ordered, as a separate inspection, at the time of inspection booking, and performed by a State licensed WDI (wood destroying insect) and Radon testing inspector, who may or may not be the home inspector for this home. (REPRESENT AT IVE NUMBER IS DEFINED AS ONE COMPONENT PER ROOM FOR MULTIPLE INTERIOR COMPONENTS SUCH AS WINDOWS AND ELECTRICAL RECEPTACLES, ONE COMPONENT ON EACH SIDE OF THE BUILDING FOR MULTIPLE SIMILAR EXTERIOR COMPONENTS.). If radon testing is ordered, it is agreed that we may set this prior to the inspection. This is for your benefit in order to give you all inspection results in a timely manner since this is a 48 hour test. However, if you do not desire this to be set early, and only set on the day of the inspection, you must inform us upon signing this agreement. If no notification is made by you, and if you cancel this the radon and or inspection prior to the date of the inspection, you agree to pay for this test.
CLIENT acknowledges and agrees that the inspection performed by COMPANY is subject to the following limitations:
1. It is understood and agreed that this inspection will only be of readily accessible areas of the building, readily openable access panels and is limited to non-intrusive observations of the existing building at the time of the inspection .(Readily accessible is defined: available for visual inspection without requiring moving of personal property, dismantling , destructive measures, or actions that will likely involve risk to persons or property, in the opinion of the inspector. Readily openable is defined: a panel provided for homeowner inspection and maintenance that is readily accessible, with in normal reach, can be opened by one person, and it not sealed in place) The Company is not required and will not move personal items, debris, furniture, carpeting or similar items which may impede access or limit visibility, or otherwise investigate concealed or unknown conditions. Client will be informed on site by the inspector if sellers do not agree to remove any personal items or attached panels for access
2. Latent and concealed defects and deficiencies are excluded from the inspection.
3. Equipment, items and systems will not be dismantled. Only controls normally
operated by the owner of the dwelling will be tested.
4. Maintenance and other items may be discussed, but they are not a part of the inspection. The Report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
5. The inspection will be limited to the dwelling and attached garages and carports, unless otherwise agreed to in writing by the parties. If any detached buildings or garages are present, additional charges will apply and will not be inspected unless notified they are present and additional charges are agreed to. This may be discovered at the time of the inspection and the CLIENT will be notified of any additional charges
6. No inspections or reports will be made involving swimming pools, hot tubs,wells, septic systems, security systems, central vacuum systems, water softeners, sprinkler systems or fire and safety ety equipment.
READ THESE EXCLUSIONS CAREFULLY!
Also excluded are inspections of: Property boundary lines or encroachments (Conducted by licensed surveyors), the condition of any component or system that is not readily accessible, the cause or reason of any condition, the cause for the need for repair or replacement of any system or component, future conditions, the inspection for flora or evidence of rodents, animals, termites, or other insects, mold, mildew, fungus or air-borne hazards, the air quality, the existence of asbestos or other environmental hazards, hazardous waste conditions or the presence of hazardous materials including, but not limited to, the presence of lead paint, the existence of electro-magnetic fields, the existence of any manufacturer recalls or conformance with manufacturer installation or any information included in the consumer protection bulletins, the operating costs of systems, replacement or repair cost estimates and the acoustical properties of any systems or estimates of how much it will cost to run any given system. As part of and in the conductance of the home inspector, the inspector may point out if there is any visual evidence of any of the previously mentioned environmentals, however, this is not to be considered an inspection of these areas since these may require additional licenses, certifications and qualifications not required to held by a home inspector.
PRIOR TO ANY CLAIM OF NON PERFORMANCE OF THIS AGREEMENT OR THE INSPECTION, YOU MUST GIVE THE COMPANY A MINIMUM OF 72 HOUR NOTICE, AND FULL ACCESS TO YOUR PROPERTY, PRIOR TO ANY REPAIRS, AND THE ABILITY TO INSPECT ANY A REPAIRS ARE MADE OR ANY CHANGES TO THE PROPERTY HAVE OCCURRED PRIOR TO OUR INSPECTION, YOU AGREE TO FORFEIT YOUR CLAIM OR DISPUTE.
UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY: It is understood and agreed that the COMPANY is not an insurer and that the inspection and Report are not intended or to be construed as a guarantee or warranty of the adequacy, performance, or condition of any structure, item, or system at the CLIENT’s property address. The CLIENT hereby releases and exempts the COMPANY and/or its agents and employees from all liability and responsibility for the cost of repairing and replacing any unreported defect or deficiency and for any consequential damage, property damage, or personal injury of any nature. If the CLIENT does not provide documentation or information beyond that which is apparent by non-intrusive observation of the property, and the CLIENT does not perform destructive testing or investigate concealed or unknown conditions, the CLIENT shall assume sole responsibility for all unknown or concealed conditions that may require repair or replacement. In the event that the COMPANY and/or its agents and employees are found jointly, severally, or individually liable to the CLIENT due to breach of contract, breach of warranty, negligence, negligent misrepresentation, or any other theory of liability, then the liability of the COMPANY and/or its agents and employees shall be limited to a sum equal to the amount of the fee paid by the CLIENT for the inspection and Report.
INDEMNIFICATION OF THE COMPANY: The CLIENT shall indemnify and hold harmless the COMPANY and/or its agents and employees from and against any claim, demand, loss, or liability including, but not limited to, attorneys’ fees, arising out of any legal proceedings brought by any third party who claims to have been injured due to reliance upon the representations made in this Report prepared pursuant to this Agreement.
DISPUTE RESOLUTION: Any dispute, controversy, interpretation or claim including claims for, but not limited to , breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract, or arising out, from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation, to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated, please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE:YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION.
SEVERABILITY: In the event that any term or provision of this Agreement shall be determined by a court of competent jurisdiction to be void or unenforceable, the remainder hereof shall survive and the unenforceable provision shall be reformed to form an enforceable provision consistent with the intent of the parties as evidenced herein.
NOTICE OF HOME INSPECTION COMPANY’S RIGHT TO CURE: (a) KENTUCKY HOME INSPECTIONS- CHAPTER 411 OF THE KENTUCKY REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE HOME INSPECTOR OF YOUR RESIDENCE. YOU MUST DELIVER TO YOUR HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSPECTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE HOME INSPECTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. (b) OHIO AND INDIANA HOME INSPECTIONS- PRIOR TO ANY CLAIM FOR NON PERFORMANCE OF THIS CONTRACT, WRITTEN NOTICE IS REQUIRED AS TO THE CONDITION(S) ALLEGED. THE CLIENT WILL ALLOW THE INSPECTOR OR INSPECTION COMPANY TO INSPECT THE CONDITION IN QUESTION, PRIOR TO ANY REPAIRS BEING MADE. IF ANY REPAIRS ARE MADE PRIOR TO THIS INSPECTION, THEN WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM AND THE CLIENT AGREES THEY WILL FORFEIT ANY RIGHTS TO THIS CLAIM. BEFORE YOU MAY FILE A LAWSUIT FOR ANY INSPECTION DISPUTE AGAINST THE HOME INSPECTOR OF YOUR BUILDING, YOU MUST DELIVER TO YOUR HOME INSPECTOR A WRITTEN NOTICE OF ANY CONDITIONS YOU ALLEGE THAT YOUR HOME INSPECTOR FAILED TO INCLUDE IN THE HOME INSPECTION REPORT AND PROVIDE YOUR HOME INSPECTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR ANY REPAIRS NEEDED. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE HOME INSPECTOR.
CLIENT PARTICIPATION: The CLIENT is encouraged to participate in the inspection and be present at the time of the inspection. Participation shall be at the CLIENT’s and CLIENT’s family’s own risk for falls, injuries, property damage to the residence or their own property, etc. Because we are guests in someone’s home, it is discouraged that this be used as an opportunity for family and friends to view the home. It is not recommended that you have children present, for their safety. YOU are responsible for their and any guest's actions while they are present. For security reasons, you or your realtor must be with any visitor or child, while they are on site. They are not permitted to wander the property alone. When access is obtained from the seller, the only people authorized to be present are the buyers and their realtor. Our inspector reserves the right to deny entry of any other party other than the buyers. If your realtor is present, they my allow other persons to participate, however, this at their discretion and responsibility. Contractors are only permitted if YOUR realtor is present. ANY CONTRACTORS YOU BRING TO INSPECT ARE NOT PERMITTED TO DO ANY DESTRUCTIVE INSPECTIONS I.E. REMOVAL ANY ATTACHED PANELS, unless they are normal access panels, ETC., WITHOUT THE PERMISSION OF THE HOMEOWNER.
The inspection and report performed and prepared pursuant to this agreement are for the sole, confidential and exclusive use and possession of the CLIENT. COMPANY is forbidden by Kentucky law from disclosing the contents or findings of its reports with third persons without the express written permission of the CLIENT. If not prohibited by state law and if not prohibited by the client, the report will be given to the client’s realtor to facilitate the sales process. Neither the report nor any representations made herein are assignable or transferable without the express written permission of COMPANY. It is acknowledged that the Company owns all intellectual property rights to the content of the inspection report.
RE-INSPECTION: A minimum fee of $250 will be incurred by the CLIENT for re-inspection of repairs performed or any other reason that the COMPANY is requested to return the property after the original home inspection. A copy of the addendum indicating the items to be re-inspected will be submitted to the inspector prior to any re-inspection. Payment in full is required at the time of the inspection services. We do not comment on whether any repairs were done properly since we were not there at the time of the repairs, however, we will inspect the repaired items in accordance with the Standards adopted by the American Society of Home Inspectors (ASHI).
Secure storage: Our reports may be saved to an offsite electronic storage facility only for the purposes of backing up our reports and data. Your information such as name, telephone number, address and email will be stored on these sites. This information is NOT made available to any person other than employees of this company and only for the purposes of transacting our business with you.
DISCLOSURE: CUSTOMER ACKNOWLEDGES THAT THIS IS A LEGALLY BINDING CONTRACT AND STATES THAT HE, SHE OR THEY HAVE CAREFULLY READ THE ENTIRE AGREEMENT AND FULLY UNDERSTANDS ALL TERMS AND CONDITIONS THEREIN AND HAVE FREELY EXECUTED THIS AGREEMENT WITHOUT ANY PRESSURE FROM ANY OTHER PERSON TO DO SO, AND WITHOUT ANY UNDUE TIME CONSTRAINTS. CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT, AND CONFIRMS THAT THERE ARE NO OTHER WRITTEN OR VERBAL AGREEMENTS BETWEEN THE CUSTOMER AND BUILDING INSPECTIONS LLC.
BY YOUR SIGNATURE ON THE SIGNATURE PAGE OR BY PROVIDING AN ELECTRONIC SIGNATURE, YOU ARE ACKNOWLEDGING THAT YOU ACCEPT THE PROVISIONS OF THIS AGREEMENT.
BE ADVISED THAT DUE TO THE AVAILABILITY OF ELECTRONIC SURVEILLANCE EQUIPMENT YOU MAY BE RECORDED AND VIDEOED WHILE PRESENT. ALWAYS ASSUME THAT YOU AREA AND ACT ACCORDINGLY. ANY CONVERSATIONS OF A SENSITIVE NATURE SHOULD BE CONDUCTED ON THE EXTERIOR OF THE HOME.
Michael Hesterberg B.S. C.M.I.A for Building Inspections LLC