Inspect Before You Invest 2625 NE 14 TH AVE #113 WILTON MANORS, FL 33334
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1 Inspect Before You Invest 2625 NE 14 TH AVE #113 WILTON MANORS, FL THIS IS INTENDED TO BE A LEGAL BINDING AGREEMENT. WE SUGGEST YOU READ IT CAREFULLY BEFORE SIGNING. ELECTRONIC SIGNATURE IS DEEMED AS ORIGINAL SIGNATURE. The address of the property to be inspected is:. THIS AGREEMENT made on by and between House Detective Home Inspections, LLC (Hereinafter INSPECTOR) and (Hereinafter CLIENT), collectively referred to herein as the parties. The Parties Understand and Voluntarily Agree as follows: 1. INSPECTOR agrees to inspect the property and to provide CLIENT with a written inspection report identifying the major deficiencies and/or defects that INSPECTOR visually observed which could significantly affect the value of the property. 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 Florida Association of Building Inspectors and the State of Florida. The FABI Standards are available at the FABI website: 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, lenders, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTORS 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. 1
2 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, attorneys fees and expenses and payments arising out of or related to the INSPECTORS 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 of the fee paid for the inspection, not including any extras like 4 point, wind mitigation or roof certifications, and this liability shall be exclusive. 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. In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 10 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. 6. If the INSPECTOR is not notified until after a repair or replacement of a defect is performed, we will accept no liability for the defect or cost of repair. 7. Standard Arbitration Clause. Any Controversy or claim arising out of, relating to, or in connection with this contract, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree that each will be responsible for their own attorney s fees and costs. 8. 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 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 attorneys 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. 10. HOLD HARMLESS AGREEMENT: CLIENT agrees to hold any and all real estate agents involved in the purchase of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claims by reason of acts or neglects of the INSPECTOR or his employees or visitors or of independent contractors engaged or paid by INSPECTOR for the purpose of inspecting the subject home. Basic Visual Inspection: The client requests the basic visual inspection of the readily accessible areas of the structure. The inspection is limited to primarily visual observations existing at the time of the inspection. The customer agrees and understands that the maximum liability incurred by the inspector and/or company for errors and omissions in the inspection SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID FOR THE BASIC INSPECTION, excluding any extras like 4 Point, wind mitigation, or roof certifications. (If this is a joint purchase, signer represents actual 2
3 authority to sign for both parties.) In the event any provision(s) in this agreement is determined to be invalid or unenforceable, the other provisions shall remain valid and enforceable and in full force and effect. The inspection is an opinion and not a warranty or guarantee. Credit Card Payments: Signing this agreement when paying with a credit card or via phone with a credit card confirms to your credit card company that you have authorized said charge, which includes a 4% service charge. The fee for the basic visual inspection is $ House Detective Home Inspections, LLC Monica J. Baryo, President MJ@house- detective.biz (954) detective.biz D I S C L O S U RE NOTE: The client(s) and the real estate agent(s) should read the entire inspection report to get a complete understanding about the conditions of the home. Some companies that underwrite owners insurance policies have begun to tighten up their underwriting standards, and are refusing to write policies on structures with older electrical system components, weathered or worn roof coverings, or perceived vulnerability to sink hole or hurricane damage. Your inspector is not a representative of any insurance company and cannot predict the actions of your insurance carrier. If you have any uncertainty about what your carrier may be willing to insure (and for how long), we recommend that you consult your insurance agent before you close escrow. SCOPE OF INSPECTION The home inspection is intended to assist you in evaluating the overall quality and general condition of the building and its components. The scope of the inspection and report is a limited visual inspection of the general systems and components of the property at the time of inspection. The inspection will be performed in compliance with generally accepted Standards of Practice of FABI (Florida Association of Building Inspectors). The purpose of an inspection is to determine whether items are performing their intended function. OUT SIDE SCOPE OF INSPECTION Any area that is not exposed to view, is concealed, or is inaccessible because of soil, walls, floors, floor coverings, ceilings, furniture, equipment or stored items. The inspection does not include any destructive testing or dismantling. Client agrees to assume all risk for all conditions, which are concealed from view at the time of inspection. If a defect is hidden under or behind furnishings, new paint or inside walls or is buried, it is impossible for the inspector to locate the defect. This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required. The inspection is an opinion and not a warranty or guarantee. Codes: The inspector does not inspect for compliance with building codes for two reasons. First, this is the jurisdiction of the municipality where the property is located. The municipality is responsible for ensuring that buildings are constructed according to standards for health and 3
4 safety. Second, building codes constantly change, and codes in force when the house was built may not be current. It is impossible for an inspector to know all codes for all municipalities. The property may not meet the present code but may have been acceptable under the codes in effect when the structure was built. The method allowing the old codes is referred to as grandfathering. LIMITATIONS ON LIABILITY The inspection findings will be limited in scope and based upon the visible and apparent condition of the systems and components of the building at the time of the inspection. Liability for errors and omissions to House Detective Home Inspections, LLC, for this inspection and report is limited to a refund of the fee paid for this inspection and report, excluding any peripherals such as termite inspections, 4 point insurance reports and wind mitigation reports. Client assumes all risk of all losses greater than the fee paid for this inspection and report, excluding any peripherals such as termite inspections, 4 point insurance reports and wind mitigation reports. RISK OF OWNERSHIP Information in this report is based on a limited visual examination and the inspector s professional experience and knowledge. It blends observations and facts with inferences and opinions. This information can help you understand the risks of owning this property, but it cannot eliminate those risks, nor can it specifically predict future performance. We help you assess these risks; we do NOT assume them for you. While we make an effort to identify existing, as well as potential problems, it is not possible for anyone to predict future performance of all the systems and appliances in a building. Budget annually for unforeseen repairs and/or the purchase of a comprehensive home warranty policy. Any information regarding warranties or guarantees on the repairs should be obtained from the individual trades people who performed the work. PLEASE READ CAREFULLYThis inspection report is NOT A GUARANTEE/WARRANTY, but a report of the existing conditions found during our visual inspection of the property. A sincere effort was made to identify as many defects as possible during our inspection. This report is made on the basis of what was visible and accessible at the time of inspection. We do not accept liability for any hidden defects that was enclosed, inaccessible or concealed by soil, walls, ceilings, floor coverings, furniture, equipment, stored articles, or problems that may occur in the future. Maximum liability to House Detective Home Inspection, LLC, is limited to the cost of this inspection. Only items covered in this report are applicable. We strongly recommend that a certified, licensed and insured contractor complete all repairs and/or further evaluations commented in this report. We do not test and/or take soil, air, and water sample. Some homes may contain asbestos, lead paint, mold, termites, rodents, radon gas, Chinese drywall or other hazardous materials, which we do not perform, so this report will not comment on these items, other than to point out a visible potential problem and to recommend further investigation. You may wish to contact an expert in these fields if these items concern you. We do not inspect specialty systems such as telephones, cable TV, satellite systems, alarms or lawn sprinklers. Nor do we inspect cosmetic items, outbuildings or above ground swimming pools and/or spas. ESTIMATES FOR REPAIRS Estimates for repair costs are to be used only as a guide and are based on current rates of professional licensed contractors. The customer, before closing, must determine actual repair cost. 4
5 We strongly recommend that you obtain written estimates from at least 2 to 3 different licensed contractors for a more specific cost. Do not rely only on estimates in this report. MECHANICAL APPLIANCES Mechanical appliances, water heaters, heating and cooling systems are highly used and highly maintained items with a life expectancy of 10 to 15 years. These highly used items can be working in good satisfactory condition and may break down without warning. Comments made of Acceptable, Working Condition, Cosmetic Defect, Defective and Not Visible in this report on these items are made at the time of inspection and are NOT A GUARANTEE/WARRANTY. We are not responsible for changes in the condition and performance of these items after the inspection date. PICTURES Pictures do not represent all the problems found during the home inspection. They are intended for the client to get a visual and understanding on certain items or items that are usually not visible like rooftop, attic, and crawlspace. Please read the complete report and feel free to call if you have questions. Exclusivity: The report is prepared exclusively for the Client(s) named and is not transferable to anyone in any form. Client(s) gives permission for (inspector) to discuss report findings with real estate agents, specialists or repairpersons for the sake of clarification. 5
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