THIS AGREEMENT is made and entered into by and between Home Inspections Magnified, LLC hereafter referred to as "Inspector" and {clientName}, hereafter referred to as "Client". In consideration of the promise and terms of this Agreement, the parties agree as follows:
The client will pay the sum of {inspectionQuote} plus any additional, applicable fees, for the inspection of the "Property" being the residence, garage, outbuilding or carport, if applicable, located at the following address: {propertyAddress}.This fee was calculated based on information provided at the time the inspection was scheduled. Fees for inspection, including any applicable additional fees listed below, must be rendered prior to release of the inspection report.
Possible additional fees, as applicable:
Foreclosure/Severe Disrepair Fee: If the property is a foreclosure or is in overall disrepair, an additional charge of at least $200 will be applicable. Re-calculated fee will be disclosed prior to the start of the inspection.
Additional square footage fee, not included at time of inspection order: Undisclosed outbuildings or square footage not included in fee calculation at the time the inspection order was placed will result in additional charges that will be disclosed prior to the start of the inspection.
Return trip fee: If the inspection cannot be completed on the scheduled date and time because access to the property or access to a component, system or room is denied or blocked, or because utilities are not turned on, a return trip charge of $150 will be added to the inspection fee for each required return trip, and the inspection will be completed per the Inspector's availability.
To avoid a return trip fee, client should confirm with the agent that all utilities, to include water, power, and gas are turned on for the inspection; that access to the property will be granted; and that access to necessary components (such as HVAC equipment, electrical panels, attic entry and crawlspace entry) will not be blocked by household goods or locks.
Re-inspection return trip fee: Return trips to the property are assessed a $150 return trip fee for each requested return trip.
Pay at closing fee: If fee will be paid at closing (as requested by the client or your agent at time of inspection order), a $75 fee is assessed. Additionally, client must request agent confirm that inspection fee has been included for payment at closing and client must provide closing date. Client must also provide the name and address of the closing attorney, and an alternate form of payment must be provided to be used if closing is substantially delayed or cancelled. Pay at closing inspection requirements must be met prior to release of inspection reports.
1. The parties agree that the (ASHI) “American Society of Home Inspectors Standards of Practice" (the "Standards") shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein, and the inspection will be completed in accordance with the ASHI Standards of Practice.
2. The Inspector will perform a visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property, existing at the time of the inspection, in accordance with the ASHI Standards. Latent, covered, or concealed defects and deficiencies are excluded from the inspection, including, but not limited to: concrete slabs covered on the interior by floor coverings, such as carpeting, vinyl/linoleum flooring, or other floor coverings not listed; and concrete slabs covered on the exterior by a foundation wall, and therefore not visible. The inspection is a detailed visual inspection that is not technically exhaustive. "Technically exhaustive" means an inspection involving the use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions, and recommendations. As a courtesy to clients, however, surface and/or probe type moisture meters and/or laser thermometers may be used. An explanation of their use, findings, and limitations are included in the written report when used. The use of these instruments is the only exception to the aforementioned rule.
3. The ASHI Standards state that the following systems must be inspected, and findings must be included in a written report: structural components; exterior; roofing; plumbing; electrical; heating; air conditioning; interiors; insulation and ventilation; and built-in kitchen appliances. Home Inspections Magnified inspects each of these systems. Written reports include by-room or by-area sections for components and systems inspected. Information about components and systems may be listed in more than one section, and information is included in the section in which it is physically located. For example, structural components can be found on the exterior of the home, in interior rooms (including floors, walls, and ceilings); in crawlspaces; and in attics. Information about these components will be found in the written report in the section corresponding to the component’s physical location. At least one written page is included in the report for each interior room or area, with labels such as “master bedroom, garage, finished room above garage, 1st bedroom down hall on left, etc.” Another example of this reporting style is related to garages. The Standards list garage doors with the exterior of the home, but since components for garage doors include operating controls, circuitry, and tracks, all of which are located inside the garage and not on the exterior, information about the garage will be included in the “garage” section of the written report, even though the Standards include garages with the “exterior” section of the Standards. While sections may be organized differently and according to physical location, all required components and systems are inspected. The written report is organized to make information about components and systems easy to correlate to areas of the home. Any questions regarding this reporting style should be brought to the attention of the inspector, prior to the inspection so any additional clarification that may be needed can be provided.
4. Should the client NOT want a component or system inspected that is covered in the Standards as being part of a ASHI home inspection, the client must send an email to the inspector listing the component or system that the client does not want to have inspected.
5. The parties agree and understand that the inspection does not include calculations of the strength, adequacy, or efficiency of any system or component, including, but not limited to: house energy ratings, insulation R values, or window or door energy efficiency, per the ASHI Standards.
6. The parties agree and understand that the visual inspection defines the condition of the home on the day, and at the time of the inspection. Home Inspections Magnified, LLC, its owner, agents and the Inspector assume no liability or responsibility for the costs of repairing or replacing any defects or deficiencies that could arise in the future, or any future property damage, consequential damage, or bodily injury of any nature that could arise in the future after the day of the inspection.
7. The parties agree that the Inspector assumes no liability or responsibility during the inspection for the welfare and safety of the client or any others in attendance during the inspection, including children. The client assumes all risks for choosing to enter a crawlspace, attic, other confined space, including any space that requires climbing a ladder (free standing or pull-down). The welfare and safety of children present during an inspection are the sole responsibility of the client.
8. The parties agree and understand the Inspector is not an insurer, or guarantor against defects in the structure, items, components, or systems inspected. THE INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
9. If Client is married, Client represents that this obligation is a family obligation, incurred in the interest of the family.The Client agrees that heirs and representatives are bound by the terms of this agreement.
10. This agreement, including the terms and conditions on the following pages, represents the entire agreement between the Inspector and Client and there are no other agreements either written or oral between them. This agreement shall be amended only by written agreement signed by both the inspector and Client. This agreement shall be construed and enforced in accordance with the laws of the state of Georgia and the ASHI Standards of Practice for home inspectors, and if the State laws or regulations are more stringent than the forms of the agreement, the State law, rule, or standard shall govern.
11. Prior to the date of inspection, and/or on the day of inspection, Client has read this entire agreement and the ASHI Standards of Practice located in our website. Client understands this agreement and the ASHI Standards of Practice, and by signing the agreement, hereby acknowledges this fact.
12. Systems, items, and conditions and identification of hazardous materials which are not within the scope of the inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestation; security and fire protection systems; household appliances that are not built in; humidifiers; paint, wallpaper and other treatments to windows, interior walls, ceilings, and floors; recreational equipment or facilities; pool/spa water purification systems (ozone generator/saltwater, etc.); underground storage tanks, energy efficiency measurements; motion or photo-electric sensor lighting; concealed or private secured systems; water wells; all overflow drains; heating systems accessories; solar heating systems; heat exchangers; sprinkling systems; water softener or purification systems; central vacuum systems; telephone, intercom or cable TV systems; antennae, lightning arrestors, load controllers; trees or plants; governing codes, ordinances, statutes, and covenants; and manufacturer specifications, recalls, and Exterior Insulation and Finish Systems (EIFS). Client understands that these systems, items, and conditions are 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.
13. Systems and components marked as “not evaluated” should be evaluated by an appropriate specialist or contractor prior to purchase of the home.
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 Inspector from any and all damages, expenses, costs, and attorney fees arising from such a claim.
15. The inspection will not include an appraisal of the value or a survey. The written report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind.
16. 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. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the ASHI Standards of Practice. Furthermore, any legal action or complaint to the Inspector must be brought within 90 days from the date of the inspection, or will be deemed waived and forever barred.
17. In the event of a claim by the Client, the owner of Home Inspections Magnified, LLC, will make a good faith determination regarding the validity of the claim. In the event that a claim is found to be valid, Home Inspections Magnified, LLC will agree to refund the inspection fee. Should further remuneration be warranted as determined by the owner of Home Inspections Magnified, LLC due to inspector error, omission, or for any other reason, the total responsibility for Home Inspections Magnified, LLC or its inspector shall be capped at two times the cost of the inspection or the cost of the repair, whichever is less. This amount (two times the paid cost of the inspection) cannot be raised by any other authority in the event of a claim by a client.
18. This inspection does not determine whether the property is insurable.
19. The following statement, which is part of the ASHI Standards of Practice, is included on the summary page of the report: The summary page is not the entire report. The complete report may include additional information of interest or concern to you. It is strongly recommended that you promptly read the complete report. For information regarding the negotiability of any item in this report under the real estate purchase contract, contact your Georgia real estate agent or an attorney.
The client should read the entire report prior to closing/purchasing the property, as something of importance may have been inadvertently left off the summary by the inspector. The inspector strives to include informational comments and descriptions in the body of the report that may be of interest to the client. These informational comments and descriptions are not included in the summary. It is also solely the opinion of the inspector as to which informational comments and descriptions are included in the report.
20. Areas of visible suspected wood deterioration, such as: siding, trim work, soffit, fascia, decking components (if present), and visible, accessible structural components are probed to determine areas of actual wood deterioration; the results of these findings will be included in the report. In the majority of cases, wood deterioration, and the cause of the deterioration, require a more invasive inspection to determine the extent of damage, the required repair, and resulting cost.
21. The Client is advised to seek two professional opinions and acquire estimates of repair for any defects or recommendations documented in the report. The Inspector recommends that all professionals making any repair to the home inspect the defects documented in this report further and conduct a more invasive inspection if necessary, in order to discover and repair related problems that may be revealed during a more invasive inspection. It is recommended that all repairs, corrections, and cost estimates be completed and documented prior to purchasing the property. Any liability for repairs after the inspection falls on the contractor making the repair, not the Inspector. If a re-inspection is conducted by an Inspector after any repair has been made to the home, the Inspector does not guarantee the work made by the contractor. Home Inspections Magnified, LLC and its Inspectors, do not take responsibility for any defect that may be caused, or not fully addressed, by a contractor after the inspection. Concerns regarding any defect to an item, component, or system, that occurs after a repair has been made, should be directed to the contractor that completed the work.
22. Per the ASHI Standards, the Inspector is not required to inspect coatings on, and hermetic seals between panes of glass in windows and doors. The Inspector does, however, make an effort to determine if sealed windows are fogged, which is an indication of a broken seal, as a courtesy to the Client. In some instances, depending on the time of day, weather conditions, or cleanliness of the windows, it may be difficult to determine if a window is fogged or has a broken seal. Some windows may not show signs of fogging or moisture between panes of glass under some conditions. If the Client is concerned about the possibility of fogged windows, the Client should conduct a final walk through of the property prior to purchase to ensure you are satisfied with the condition of the windows. The Inspector is not responsible for fogged windows not indicated in the report, but will include information in the report about windows that are visibly fogged on the day of inspection.
23. An indication that an item/component/system or visible portion of an item/component/system were noted in the report as satisfactory indicates that the item/component/system was operating as intended at the time of the inspection, that the visible portions of the item/component/system were free of visible defects, and that the item/component/system did not appear to be reaching the end of its serviceable life. The item/component/system may still have cosmetic defects and defects that were concealed/covered that were not visible. The inspector is not responsible for cosmetic defects or for defects that were concealed/covered and were not visible at the time of the inspection.
24. An indication in the report of any of the following: not fully tested/evaluated; not visible; only partially visible; or limited access for any item, component, or system found in the home; is an indication that the item, component, or system could not be fully evaluated, and there may be defects present in the item, component, or system that were not visible. In instances where a satisfactory condition was noted in addition to any of the above listed conditions, only the visible portions of the item, component, or system were inspected and only the visible portions are indicated as satisfactory and there may still be defects present that were not visible.
25. The Inspector recommends the Client personally conduct a final walk-through of the home prior to closing/purchasing the property to determine if the condition of the home is acceptable to the Client. If the home was occupied, or if the home contained stored household goods or staged furniture on the day of the inspection, there may have been concealed defects that were not visible to the Inspector. These defects would not be considered visible, and they are not required to be
reported on. The Client should also personally view all stains, areas of noticeable repair, and cracking that were noted in the report to determine if all these conditions are acceptable to the Client. If the Client finds a defect, stain, area of noticeable repair, or crack that was not noted in the written report, the Client must contact the Inspector via email, and by phone immediately, and before closing/purchasing the property, so that the appropriate course of action can be taken by the Inspector. In the event the Client does not contact the Inspector to discuss any of the above mentioned conditions, the Inspector will not compensate the Client for any condition, or damages that were related to, or caused by, the above mentioned conditions. If the Client does not contact the Inspector prior to closing/purchasing the property, and ample time is not given for the Inspector to return to the property (typically 72 hours), the Client accepts full responsibility for any damage, and expenses that may be accrued, and for all related conditions that could occur in the future. The Inspector will not compensate the Client, or provide a refund to the Client, for any defect that wasn’t visible on the day of the inspection, for any stain, area of noticeable repair, or crack that was noted in the reports, or were found by the Client after closing/purchasing the property.
26. The Inspector includes recommendations in the written report, in an attempt to guide the Client to the appropriate professionals/contractors to correct defects, or to provide further evaluation of components/systems at the property or in the home. These contractor recommendations include, but are not limited to: skilled professional, qualified contractor, general contractor/licensed general contractor, qualified plumber/licensed plumber, qualified/licensed electrician, qualified HVAC technician, and structural engineer. The Inspector makes every effort to guide the Client to the appropriate type of contractor, but in some cases, the wrong type of contractor/professional may be recommended, or a contractor that attempts to repair a defect, or provide further evaluation of a component/system in the home or at the property, may recommend a different type of contractor. Ultimately, the Inspector makes every effort to make sound recommendations to the Client. Defects in the home and at the property are included in the written report so that they can be brought up for discussion. The Inspector will not compensate the Client, or provide a refund to the Client, if the Client feels that the wrong contractor was recommended by the Inspector.
27. The Inspector makes every effort to complete and transmit the written report via email within 72 hours of completion of the inspection, however, in some cases, such as historical homes, foreclosures, homes in disrepair, or homes greater than 3,000 square feet, additional time may be required to complete and transmit the report. If delay is likely, the Inspector will attempt to contact client. Failure to pay the total inspection fee may also result in delays in report transmission. Failure to sign the agreement will result in cancellation of a scheduled inspection or a delay in the completion of the inspection. If the report is not received, client should contact the inspector to ensure that an accurate email address has been provided for report transmission.
28. While the inspection report is the property of the Client, Home Inspections Magnified, LLC generally releases a courtesy copy of the report to the Client's real estate agent whose name is noted at the time of the inspection order. If Client does not wish for their real estate agent to receive a copy of the report, Client shall notify Home Inspections Magnified, LLC in writing, prior to the inspection.
DEFINITIONS
Apparent Condition of items, components and systems are rated during Home Inspections Magnified, LLC as follows:
SATISFACTORY - Indicates the item, component, or system is functioning as designed and is free of visible defects that would adversely affect the operation, structural integrity, or safe operation of the item, component or system. A satisfactory finding excludes all cosmetic defects not impacting the operation of the item, component or system.
MARGINAL - Applied, when applicable, to items, components, or systems that are typically replaced one or more times over the lifespan of a home, such as: roof coverings, built-in appliances, HVAC system components, water heaters, exterior siding components, electrical panels, and associated components. Marginal status indicates that further evaluation, repair, and/or replacement of the item, system, or component is necessary.
POOR - Indicates the item, component, or system has failed to operate as designed; is in need of immediate repair or replacement to prevent further deterioration to item(s), component(s), or system(s) of the home; or may pose a safety or fire hazard if left in its current condition. Items, components, and systems in poor condition may impact the habitability of a home.
Significant findings from the inspection are listed on the SUMMARY PAGE(S), located near the beginning of the report.
- FURTHER EVALUATION ITEMS - Any item, component, or system requiring further evaluation will be listed in this section. Examples include: any item for which a more invasive inspection may be necessary to determine the extent of damage and required repairs; any system in disrepair that is not working as intended; any defect that will require significant repairs; any visible defect that is causing a water leak or water/moisture intrusion into the home.
-
COMPONENTS/SYSTEMS NOT OPERATING OR REQUIRING SERVICE - Any item, component, or system that is not operational at the time of inspection or requires repairs will be listed in this section. Examples include: an HVAC system with a dirty evaporator coil, a faucet leaking during operation, any appliance that fails to work as intended, etc. In some cases, components/systems listed in this section may also require further evaluation.
• POTENTIAL SAFETY CONCERNS/HAZARDS - Any condition that is unsafe and in need of prompt attention will be listed in this section. Examples include: defects with the electrical system in the home, inoperable or missing smoke and carbon monoxide detectors, visible fire hazards, improper railings and stair structure/configuration, or lack of sleeping area egress (exit) points. In some cases, components/systems listed in this section may also require further evaluation.
• ITEMS TO MONITOR – Visible indication of a past or present condition that may cause damage to an item, component, or system, should further deterioration occur will be listed in this section. Examples include: moisture stains; areas of noticeable repair to an item, component, or system; rust; indication of past standing water in an HVAC drain pan; areas of a crawlspace that appear to have contained standing water in the past; any cracks in service walks, driveways, slabs, foundation walls, interior walls, ceilings, tile flooring or surfaces. The client may wish to have further evaluation of any item component or system that was reported in the items to monitor section of the report.
• AREAS OF LIMITED ACCESS AND ITEMS NOT INSPECTED – Area(s) or space(s) deemed by the Inspector as too small to safely enter; any area requiring a key for access, but a key was not provided; any area, item, component or system that is blocked by household goods, vehicles, vegetation or other materials; any item, component, or system, that is required to be inspected, or operated, according to the standards of practice, that cannot be fully evaluated will be listed in this section.
• DEFERRED COST ITEMS – This summary page section is not a requirement of the ASHI Standards of Practice and is provided as only a courtesy to the Client and is solely the opinion of the Inspector. In our opinion, most clients want to know if components or systems are considered “old” by industry standards. This is not an exact science and the inspector accepts NO FAULT for the exclusion of any item, component, or system in this section that the Client believes should have been included. Home Inspections Magnified inspectors make an attempt to provide an approximate age for water heaters, HVAC equipment, and roof coverings, but accurate ages may not always be determinable. Approximate ages of equipment are provided, when possible, as a courtesy to the Client, however, only the manufacturer can provide an accurate age. Home Inspections Magnified, LLC makes no guarantee or warranty about the remaining life of any item, component or system, including, but not limited to: water heaters, HVAC systems and roof coverings. Factors such as visible deterioration, rust, granule loss on shingles, pliability of shingles, and evidence of lack of maintenance or prior damage may impact this determination. Any items listed in this section may need to be repaired or replaced in the near future, and budgeting for replacement is recommended. Even if no visible defects are noted, a water heater is listed in this section when it appears to be 10 years old, and HVAC equipment is listed when it appears to be 15 years old. Asphalt roof coverings are listed in this section based on visible granule loss and visible defects. When applicable, a statement explaining the Inspector’s opinion of
the level of granule loss is included in the report. The absolute age of roof coverings can rarely be determined, and the Client should consult with their real estate agent, or the seller, to obtain documentation concerning the age of the roof coverings.
By signing below, I {clientName}, certify that I have read this entire agreement and the American Society of Home Inspectors Standards of Practice and agree to the terms and conditions contained therein.