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Home Inspection Agreement

Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

R. A. STACY HOME INSPECTIONS
NYS License No. 16000043614
(585)494-1505
rick@rastacy.com
www.reporthost.com/rastacy

PRE-INSPECTION AGREEMENT

1. This inspection and the report provided will conform to the New York State Code of Ethics and Standards of Practice for home inspectors. The inspection and completed report are limited by the terms and conditions, exclusions and limitations as established by this contract and Article 12-B of the Real Property Law as published in Title 19 of the New York Codes, Rules and Regulations (www.dos.state.ny.us/lcns/professions/home inspector/codeofethics.htm.) Home inspectors are licensed by the NYS Dept. 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 title 19 NYCRR Sub parts 197-4 and 197-5 et seq. Home Inspectors are not permitted to provide engineering or architectural services unless duly licensed to do so. If immediate threats to health or safety are observed during the course of this 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.

2. The inspector will perform a limited visual inspection of, and prepare a written report on the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. This inspection is intended to evaluate systems and components of the primary premises, including exposed, visible and readily accessible foundations, exteriors, roofing, plumbing, electrical, attic, interiors, bathrooms, kitchen, basement and crawlspace, heating and air conditioning, and primary attached garage/carport/patio/porch/deck. The inspection does not include evaluation of other structures unless explicitly stated. This inspection is essentially visual, is not technically exhaustive, and does not imply that every defect will be discovered. The inspector will not dismantle and/or move equipment, systems, furniture, appliances, floor coverings, finished or fastened surfaces or components, personal property or other items to conduct this inspection or otherwise to expose concealed or inaccessible conditions. The inspection will not include destructive testing of any kind. Latent and concealed defects and deficiencies are excluded from this inspection. Minor and cosmetic defects may be listed in the report for maintenance purposes but it is not the intent, nor will of the inspector to identify and list all minor and cosmetic defects. Any inspection of a system or component that is excluded from the New York State Standards of Practice shall be deemed to be provided as a courtesy and shall not be deemed to be an amendment to or waiver of the listed exclusions in the Standards of Practice. No oral statements made by the inspector shall expand the scope of the inspection or change the terms of this agreement or the inspection report. Client has the right to exclude any system or component that is required to be inspected under the Standards of Practice.

3. A basic home inspection has limitations and among the things it does not include are: water and air quality, presence of toxic or carcinogenic matter emitted from the ground or building materials or in water or air supply or from the operation of any equipment, items that are obstructed or inaccessible or not in plain view, animal or insect infestations, determination of presence of environmental hazards such as asbestos, mold, lead paint, lead pipes, or solder, radon, urea formaldehyde insulation, toxic waste, polluted water, termite or insect or pest infestation. It is the responsibility of the client to conduct further inspection by qualified consultants to disclose the presence of these and their remediation.

4. Among the systems and components outside the scope of the inspection are appliances, ancillary electrical systems, TV cable systems and antennas, intercom systems, lightning protection systems, playground equipment, swimming pools, hot tubs/spas, free standing heating stoves, humidifiers, air purifiers, solar systems, water softeners and filters, wells, septic systems, adequacy of system designs, heating cables, fire escapes, elevators, concealed wiring, doorbell systems, fire alarm systems, security systems, telephone systems.

5. The report will only express the opinions of the inspector based on the visual inspection. The inspector makes no express or implied warranties concerning any system or component of the property whatsoever. The inspector does not adopt the warranty of the manufacturer or installer of the system or component inspected, or the warranty of the builder or seller of the property inspected. The inspection and report are not a guarantee or warranty, expressed or implied, regarding the adequacy, performance or condition of any inspected systems or components. The written report is not a compliance inspection or compliance certification for past or present governmental codes or regulations of any kind. A basic home inspection does not include the identification of, or research for product recalls or notices of any kind. Any comments in the report are provided as a courtesy only. Please visit www.cpsc.gov if recalls are a concern to you.

6. The client is encouraged to accompany the inspector during the inspection. Client participation shall be at the client's risk for damage to person or property for any reason or from any cause. The inspection and report are performed and prepared for the sole, confidential and exclusive use and possession of the client. The inspection report is not transferable. The client hereby releases and exempts the inspector and his agents form all liability and responsibility for the cost of repairing or replacing any unreported defects or deficiency and any consequential damage, property damage, or personal injury of any nature.

7. The client agrees that any claim arising in connection with this agreement shall be made in writing to the inspector by certified mail within 10 days after discovering any problem. The client agrees to allow the inspector to re-inspect before changing the condition of the problem, except in an emergency. Failure to allow the inspector the opportunity to re-inspect, as required above, shall constitute a waiver of any claims client may have against the inspector. The client agrees that, to the extent allowed by law, any damages or breach of this contract or report are limited to the amount of the inspection fee only, and, that no claims can be brought against the inspector more than one year after this inspection. 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. Furthermore, the client agrees to pay all attorney fees should the client pursue a civil action against the inspector, and fail to prevail.

8. Dispute Resolution; Binding Arbitration: Any dispute, 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 contract or arising out of, from or related to the 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 filing fees. The decision of the Arbitrator appointed thereunder shall be final and binding and judgement on the Award may be entered in any court of competent jurisdiction.

9. Your inspector may have an affiliation with a third party service provider ("TPSP") in order to offer you additional value-added services. By entering into this agreement you (a) authorize your inspector to provide your contact information (including telephone number) to the TPSP, (b) waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone), and (c) authorize the TPSP to contact you (including by telephone) regarding special home alarm system offers.

10. The undersigned has read the forgoing agreement and fully understands and is familiar with the terms and conditions of the agreement and acknowledges that the company has not made any representation to the undersigned other than those expressly contained in the agreement or written report.

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