This is an Agreement signed on CURRENT_DATE between you, the undersigned Client, and us, the Inspector: Enrique ( Henry) Barrios , 4 EYES HOME INSPECTIONS, LLC, pertaining to our inspection(s) of the property and date below:
The terms below govern this Agreement.
1. We will perform a limited visual examination of one or more of the following readily accessible installed systems and components of the home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purpose of providing a written professional opinion of the condition of the home. A report is provided to client electronically. ( e.g. links and/or PDF files. The report is only supplementary to the seller's disclosure. Our interpretation of what is serviceable or not may be different than yours. You are encouraged to be present at the time of your inspection so we will both have an understanding of each others perception. The client accepts responsibility for incomplete information if the client did not attend the inspection. We are not responsible to determine what may be wrong with any system or component, just whether or not a second opinion is needed, such as a licensed electrician or licensed HVAC contractor, or any specialist for that field or trade. They determine what steps are necessary to correct. Their troubleshooting may reveal additional items not mentioned in this report. Any item mentioned in the report may need additional inspections by other qualified specialists. It is up to the Client who will be the person signing this contract to seek qualified specialists to investigate further any item or component that is commented on in the inspection report before closing. We are not responsible for the items mentioned in this report. We are not a guarantee nor do we guarantee any items or opinions described on this report. This inspection is to reduce the risk of finding a potential problem, not to eliminate them. We are not a home warranty company nor do we carry insurance on warranty claims. It is recommended that the home buyer or client consider purchasing a home warranty which is not part of this agreement.
2. The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any area which is not exposed to view, is concealed, is not readily and safely accessible, is locked, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing, personal belongings or any other items, or those areas/items which have been excluded by the SOP and/or by agreement of the parties is not included in this inspection. The inspection does not include any destructive/invasive testing or dismantling.
3. We will perform this Home inspection in accordance with Florida current Standards of Practice 61-30.801 which can be clicked and viewed here: SOP
4. Our inspection does NOT include the inspection or any part of testing or determining whether or not these conditions exist such as asbestos, radon, mold, lead, formaldehyde, chinese drywall, synthetic stucco ,soil or geological conditions. Our inspection does NOT include: pest, swimming pools, spas, jacuzzi's, pool heaters, sprinkler systems, hurricane protection systems, invisible fencing, elevators, stair lift systems, generators ,solar systems, refrigeration units, water filtration units, water softeners, steam makers, security alarms, surveillance cameras, UV lights, humidistats, heat recovery systems, outdoor lighting, intercoms, phone, cable, satellite, ceiling fans and timers, window treatments or mini-blinds, oven clocks or timers or clean feature, central vacuum systems, solar panels and solar photovoltaic systems, lightning arrestors, ponds, waterfalls, playgrounds, detached building, sheds, pergolas, outdoor structures, outdoor kitchens, retractable awnings, barbecue grills, tiki huts, seawalls, docks, boathouses, fire sprinkler systems , mosquito control systems & components. The buyer should exercise due diligence in obtaining additional and independent inspections and evaluations by qualified contractors for these specific excluded items. Crawlspaces with less than 16" x 24" clearances or deemed hazardous by the inspector will not be entered or inspected. Utilities such as gas, electric and water are required to be turned on prior to the inspection. If these utilities are not turned on, the inspection will be limited. The inspector will not turn on any utility that has been turned off. If the inspection cannot proceed due to the utilities being turned off, a re-inspection fee may be charged. Inspector does not operate any shut off plumbing valves. Well or spring systems, pressure, depth, water level or condition is not part of this inspection. Furnaces and air conditioning systems must be on or capable of being turned on by using normal operating controls. We will not operate heating or cooling systems that may cause damage to the unit. When exterior cool temperatures are below 65 degrees F, unit will not be tested for cooling . When exterior heat temperatures are above 80 degrees F, unit will not be tested for heat. Pilot lights must be lit in order to inspect these components or systems (i.e. gas water heaters, gas stoves etc). This inspection does not include inspecting for code compliance or ordinances.
Termites: Our inspection does NOT include a termite report. We will not inspect for termites. The Florida Department of Agriculture (DOA) laws require that a wood destroying organism/termite inspection can only be conducted and reported on by a (DOA) licensed pest control contractors. The client is advised to request a termite inspection prior to the purchase of the property from licensed pest control contractor.
Septic tanks: septic fields and underground waste & plumbing pipes are not inspected and are not part of this contract. All underground sewer and supply pipes are disclaimed and we assume no liability to any existing damage they may have. We recommend you obtain a separate sewer scope camera inspection performed by a licensed plumber prior to your closing period.
5. Appliances: Readily accessible built in kitchen appliances are all turned on to ensure they operate. The testing is general in nature, and not exhaustive. We do not verify appliance thermostats including their calibration, adequacy of heating elements, self cleaning oven cycles, indicator lights, door seals, timers, clocks, timed features, ice-maker production, and other specialized features of appliances. Ages of kitchen appliances are not reported. There is no warranty or guarantee of any appliances or equipment. We are not responsible for changes in the condition, brand names, life expectancy, performance, serviceability or onsite presence of these items after the inspection date.
6. Roofs: Walking on roofs is not required by the Florida Standards of Practice 61-30.801 which governs this inspection, However, If deemed safe, accessible, and a determination has been made that the roof coverings or roof structure will not incur any damage, the inspector may physically access and traverse the roof. Metal, Clay and Concrete tiles are easily damaged and will not be traversed (walked) in any condition. If the roof is not accessible due to determination made by the inspector, safety conditions, physical height, access limitations, or determination made that roof damage may occur, a UAS remote drone with a HD camera may be utilized to take photographs of the roof coverings and rooftop areas if weather conditions allow. These high-resolution photographs will be used to evaluate the overall condition of the visible roofing components. The client understands that evaluation of the roof covering is limited with the use of a drone. The client should request any known history or documentation of the roof. Without obvious damage such as a hole in the roof, it is impossible to predict whether a roof will leak or not leak, especially under favorable weather conditions. There are no guarantees a roof will not leak and this inspection is not a roof guarantee.
6. Walls: The inside of wall cavities cannot be accessed or seen without aggressive inspectional methods which is not part of this inspection. This inspection cannot predict if there are adverse conditions inside of the wall cavities, mold, etc. Every effort is made to look for conditions which may indicate moisture presence but it must be understood that there could be conditions which cannot be predicted with 100% accuracy. If comments are made concerning (past and/or present) moisture intrusion, plumbing leaks, roof leaks, and/or any type of moisture damage; the Client has the responsibility to contact a specialist for further investigations and/or testing services.
7. Vacant Properties: If the inspected property was unoccupied, vacant or staged. It is possible for pre-existing leaks and obstructed drain lines to be present which may not be evident during this home inspection. Leaks can be small and take time to become visible, especially if they originate and are concealed behind a wall. Leaks and drain line issues of this type are concealed issues and as such are disclaimed.
8. Condo Information: If the residential dwelling unit is part of a complex that is managed and maintained by a "Home Owners" or "Condo" association. The inspection will be limited to a visual evaluation of the systems and components that are located within the dwelling unit inspected. The current condition of "Common Elements" are excluded from this inspection. Such elements include, but are not limited to: The building site condition, structural stability, drainage systems and insulation , All exterior surfaces, materials and structure , All roof surfaces, materials and structure , All attic spaces, The building foundation, floor substructure and all spaces below, such as basements and/or crawl spaces , All stairs, landings, porches, hallways, walks and balconies, elevators, utility metering, parking stalls/ports, All decks, patios, pools, spas, recreational areas/equipment , All common areas on the property. Any comments regarding these items in the report will be made as a courtesy only. You should ensure you thoroughly understand your responsibilities versus that of the HOA. Consult with the Home Owner's or Condo Association regarding these items.
9. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
10. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
11. Drone Usage: You understand that we may use a drone as part of my inspection. You give us permission to operate the drone on and above your property. You agree that if the drone causes injury or property damage through no fault of ours, We are not responsible for the Injury or damage.
12. Thermal Imaging: Thermal Imaging is not part of our Standards of Practice. The use of infrared thermal imaging technology and related tools may be utilized during the inspection as an additional method of evaluating certain areas, issues or systems we may deem suspect. Any anomalies found are always verified by other means such as a moisture meter. Moisture, elevated heat or conditioned air loss are usually present for thermal imaging to differentiate the heat energy differences. Leaks in the form of elevated moisture may still be present and undetectable if the moisture, moisture content and surrounding building materials are the same temperatures. Thermal imaging recognizes the subtle differences in heat energy and visualizes it in a colorized screen. Thermal Imaging does not have the capability to see through walls and is not a mold detection tool. The client understands that thermal imaging measures apparent temperatures differences. It allows us to see more than the naked eye. If thermal imaging is used, its intended purpose would be for specified areas of problems noticed by the inspector at his discretion and not as a whole house thermal imaging inspection. There is no guarantee that all issues will be found with thermal imaging and no warranty provided for services rendered. All findings are Inspectors' opinion and should be further evaluated by licensed contractors specific in the trade the issue requires. The client agrees that 4 EYES HOME INSPECTIONS LLC assumes no responsibility or liability for the cost of repairing or replacing any undiscovered defects.
13. Repair Cost Estimates : Cost estimates for repair and or replacement of items and defects discovered during a home inspection are beyond the scope of a home inspection and the standards of practice that govern the inspection. Additionally, due to other factors such as the cost for materials, supplies, tools, and labor, the actual costs will vary greatly and an estimate would likely result in a great disparity between the estimate and the actual costs. As such, we do not offer work scope cost estimates unless specifically requested by the buyer or realtor and only offer it as a courtesy with the understanding that it is just an estimate. We highly recommend having a trade professional provide written proposals for each specific trade for the intended work which will provide an accurate price cost. 4 EYES HOME INSPECTIONS LLC assumes no liability and fully disclaim any repair cost if mentioned in the report.
14. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
15. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney's fees incurred in defending that claim.
16. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
17. You agree to pay all costs and attorney's fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
18. If you request a re-inspection, the re-inspection is subject to the terms of this agreement. An additional fee will be charged for re-inspections ( including insurance inspections) unless otherwise noted in writing.
19. You may not assign this Agreement.
20. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
21. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so. If your realtor or any of your buying representatives signs on your behalf, you are giving them full authority to do so on your behalf.
22. You agree that a copy of the Inspection report may be sent to your real estate agent, broker or your sales representative.
23. If you would like a large print version of this Agreement before signing it, you may request one by emailing us.
24. A responsible adult will need to be present at the property during the inspection, otherwise, the inspection is subject to cancellation and or rescheduling.
25. Addendums: Inspector reserves the right to provide additional addendum's, clarifications or modifications to the original inspection report. Any such addendum's, clarifications or modifications shall be delivered to the Client no later than 48 hours from the time of the original inspection report.
26. Oral opinions: Oral & Verbal opinions provided by the Inspector are partial in context and superseded by the written report and any addendum's, clarifications or modifications.
27. By payment of our fee and the Client’s signature, the Client acknowledges and understands and agrees to the statements and terms contained herein, and will hold 4 EYES HOME INSPECTIONS, LLC and any of its employees harmless to any claims made. The Client, spouse, executors or heirs or administrators are limited to a refund of the fee paid for this inspection and report. This limitation applies to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.
28. 4 EYES HOME INSPECTIONS, LLC and their inspector(s) reserve the right to cancel the inspection at any time if, in the sole discretion of the inspector, there are conditions present at the subject property that may impose an adverse, unhealthy or otherwise unsafe work environment that may jeopardize personal health or safety by entering and or operating in such environments.
29. COVID-19 (NOVEL CORONAVIRUS) For valuable consideration, and as a condition precedent, the home inspector agrees to perform a home inspection where the undersigned agrees as follows: The undersigned agree(s) to hold harmless 4 EYES HOME INSPECTIONS LLC ,owners, officers, employees, contractors, agents, heirs, assigns, etc. from any and all claims for damages and liability arising out of or relating to the Covid-19 (Novel Coronavirus), (“Covid-19”). The undersigned hereby pledges that they have not been diagnosed with Covid-19 and have not had direct contact with any person(s) that has been diagnosed with Covid-19, within the past 14 days. The undersigned agree(s) to immediately notify all parties listed below should they be diagnosed with having Covid-19 within 14 days of the home inspection.
Wind Mitigation and 4-Point Insurance Reports Information
If a wind mitigation and/or 4-Point inspection were ordered with this home inspection, the following information should be read and fully understood.
Florida Wind Mitigation and 4Pt Reports are specific Insurance inspections reports. They are limited in scope and are not full inspections. They only document certain items/components which are listed in their respective forms
Our Insurance report are in no way a guarantee of insurability,acceptability or habitability of a dwelling. Insurance carriers will utilize their own formulation in determining Insurability of each property.
NOTE: Electrical panels, Water heaters, Attic access, HVAC equipment must all be readily accessible for inspection. Incomplete reports due to inaccessibility will incur a reinspection fee.
A. Wind Mitigation Inspection; The 1802 Uniform Mitigation Verification Inspection form is not intended to inspect any component in the home except items on the form relating to stronger methods to resist wind load and physical impact damage to the home in adverse conditions. The purpose of this inspection is to determine if certain procedures have been performed on the home to help withstand adverse conditions. It is not an assurance that this home will be protected or whether it can withstand specific types of adverse conditions. This limited inspection may help you qualify for a reduced insurance rate, but is not a guarantee. A wind mitigation insurance inspection is not a warranty or guarantee of the performance or deficiency of any component of the inspected property. The inspection will cover only the items listed on the Uniform Mitigation Verification Inspection form, which may be found at : OIR-B1-1802 and is not a full inspection and is not intended to inspect any component in the home except items for items on the form relating to stronger methods to resist wind load on the home in adverse conditions.
B. A 4-point inspection is a very limited inspection. It is not nearly as comprehensive as a full residential home inspection and only documents the condition of the components consistent with the specific questions asked in the 4-Point inspection form which can be found here: Citizen 4Pt Insurance Form. It should not be used in lieu of a full home inspection. A 4-Point insurance inspection is not a warranty or guarantee of the performance or deficiency of any component of the inspected property.
1. CLIENT OR CLIENT REPRESENTATIVE HAS CAREFULLY READ THIS ENTIRE AGREEMENT.
2. CLIENT OR CLIENT REPRESENTATIVE UNDERSTANDS THIS ENTIRE AGREEMENT.
3. CLIENT OR CLIENT REPRESENTATIVE ACKNOWLEDGES RECEIVING A COPY OF THIS ENTIRE AGREEMENT.
4. CLIENT OR CLIENT REPRESENTATIVE AGREES TO THE STANDARDS OF PRACTICE OF THIS AGREEMENT AND IT'S LIMITATIONS AND AGREES WITH THIS AGREEMENT.
Your signature and /or checked box (by pen or electronically), is your acceptance of these terms and conditions. The parties acknowledge and agree that this agreement may be executed by electronic signature which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.