SCOPE OF SERVICES PROVIDED
SCOPE OF THE INSPECTION: A home inspection is a non-invasive, visual observation and operation of the accessible systems and components of real property, including buildings and other improvements. Its purpose is (a) to identify conditions that, in the professional opinion of the Inspector, are significantly deficient or (b) to identify systems and components that are at the end of their service lives.
The Inspection is strictly limited to the examination of readily accessible, installed systems and components of homes by using normal operating controls and opening readily operable access panels, where applicable, of the following components of the Property: structure, foundation, exterior, roof, attic, major mechanical systems (heating, air conditioning, electrical, and plumbing), built-in appliances, and interior (floors, ceilings, walls, windows, and doors). All components will be inspected pursuant to the Standards of Practice set forth for Home Inspectors by the Florida Department of Business and Professional Regulation, as contained in the Florida Administrative Code, Rules 61-30.801 through 61-30.811. Where multiple instances of the same component exist, a representative number shall be inspected. The observations of conditions are limited to those areas of the home which can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action which may result in damage to the Property or personal injury to the Inspector. Any additional services outside the list of components in this contract or in those rules must be specifically agreed to in writing between the Inspector and the Client.
The Inspector will prepare and provide the Client with a written report for the sole use and benefit of the Client. The written report shall document any deficiencies discovered in the Property’s systems and components. A deficiency is a condition that, in the reasonable judgment of the Inspector, is not functioning properly. In addition, the written report will comment on the normal service life of a system or component. However, the fact that a system or component is near, at, or beyond the end of its normal service life is not, in itself, a deficiency in the system or component.
Nothing in the report and no opinion of the Inspector should be construed as advice to the Client to purchase, or not to purchase, property, or serve as a prediction of future conditions or the value of the Property. Further, any descriptions of deficiencies of the Property should not be interpreted as estimates for the costs of repairs to any system or component of the Property.
CLIENT'S DUTY: The Client understands and accepts that the inspection and report, in accordance with this Agreement, are intended to reduce, but cannot eliminate, uncertainty regarding the condition of the Property. The client is responsible for reviewing the permit history and for researching any legal actions or insurance claims involving the Property.
The Client agrees to read the entire written report when it is received and to promptly contact the Inspector with any questions or concerns regarding the Inspection or written report. The written report shall be the exclusive findings of the Inspector. Verbal representations not recorded within the Inspection report are not part of the Inspection.
The Client acknowledges that the Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information on the condition of the Property. Should the Inspector's report reveal any additional conditions that require further investigation or repair, the Client agrees that any further evaluation, inspection, and repair work needs to be provided by competent and qualified professionals who are licensed and/or certified to perform the work.
In the event the Client becomes aware of a reportable condition not contained in the written inspection report, the Client agrees to promptly notify the Inspector and allow the Inspector and/or the Inspector's designated representative(s) to inspect said condition(s) prior to making any repair, alteration, or replacement. If the Client fails to so notify the Inspector and fails to allow an additional inspection, then any costs of such repairs, alterations, or replacements will be entirely at the Client’s cost without recourse against the Inspector.
LATENT DEFECTS: The Client agrees that the Inspection is not a technically exhaustive investigation or evaluation of every aspect of the Property. The Client acknowledges and agrees that the Inspection and the written report will not reveal every existing deficiency and future condition affecting the Property. The Inspector is not responsible for the non-discovery of any latent defects of the Property or any problems that may occur or become evident after the date of the Inspection. Latent defects of the Property include, but are not limited to: cracking, leaking, surface dislocations, or landslides resulting from, without limitation to, water leaks, land subsidence, or other geological problems. The Inspector is not responsible for any defects that may manifest themselves in the future, any structural failures that may occur in the future, or damages that result from future repairs.
COMPLIANCE WITH BUILDING CODES: Consistent with the scope of the Inspection, as provided in this Agreement, the Inspector will identify items that may present a health or safety issue. However, the Inspector will not provide an opinion on compliance with any particular building code.
ADDENDUMS: Client understands that the Inspector will reserve the right to provide additional addendums, clarifications or modifications to the original inspection report. Any such addendums, clarifications or modifications shall be delivered to the Client no later than 48 hours from the time of the original inspection report.
INSURABILITY: The Client understands that the inspection will not determine the insurability of the Property. Insurance companies have different underwriting criteria, and the Inspector cannot be expected to determine how a particular system or component may affect insurability.
ENVIRONMENTAL AND HEALTH CONDITIONS: The Client understands and agrees that the Inspection is not intended to detect, identify, or disclose any health or environmental conditions regarding the Property, including, but not limited to the presence of asbestos, radon, lead, or urea-formaldehyde; wood destroying organisms, fungi, termites, molds, mildew, feces, urine, vermin, pests, or any animal or insect; drywall that may have been manufactured with contaminated materials (including carbon disulfide, carbonyl sulfide, and hydrogen sulfide), polychlorinated biphenyls (PCBs), or other toxic, reactive, combustible, or corrosive contaminants, materials; or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.
If the Client wishes to have an inspection for any specific health or environmental condition, that must be covered by a separate addendum to this Agreement. In addition to the above limitations on the scope of services, the Inspection will not include any engineering or architectural analysis. The report will not offer any opinion about the adequacy of the structural systems and components of the Property. The client understands and agrees that a Mold & Termite Inspection is NOT included or part of this Inspection.
ATTICS & WALLS: The client understands and agrees that attics will have areas that are not accessible or visible. The conditions in those areas to the building components such as but are not limited to the sheathing, exterior walls, trusses, joists, gusset plates, insulation, etc. are not known. There could be concealed damage not accessible or visible at the time of the inspection. If there are any roofing leaks whether past or present, it can be assumed that there will be some level of damages to one or more of those attic components and to expect deterioration up to and including the need for replacement of any of those affected components. Common sense dictates that inaccessible or non-visible spaces may have concealed damages. And these damages may only be discovered if and when these areas are subsequently opened up and exposed for any reason. This is an inherent risk the client is taking and accepting due to lack of access to those areas. As such, any non-accessible and or not visible attic space or area are hereby disclaimed. The inspector will not perform any invasive actions such as removing any sections of walls, floors, ceilings, cabinets, or appliances in order to access or inspect behind and between those areas. There is no way to see behind walls and conditions cannot be guaranteed. Water leaks and other conditions such as but not limited to mold, water intrusion damage, deterioration, and wood-destroying organism damage behind and in between walls cannot be discovered via a visual inspection, and inspections of these areas are beyond the scope of a home inspection. The client understands and agrees to these limitations.
ROOFS: Walking on roofs is not required by the Florida Standards of Practice 61-30.805 which governs this inspection. However, the inspector may attempt to walk the roof if deemed safe to do so. If determination is made by the inspector that the roof is NOT accessible due to safety conditions, slope, pitch, physical height, access limitations or that roof damage may occur; a UAS remote drone with a HD camera may be utilized to evaluate and inspect the roof coverings and rooftop areas if weather conditions allow. The client understands and agrees that evaluation of the roof covering is limited with the use of a drone. The client agrees that the roof shall be independently inspected by a licensed and qualified roofing contractor if a more specialized and intrusive evaluation is required by the client. There are no guarantees a roof will not leak and this inspection is not a roof guarantee.
CONDO ADDENDUM: If the property is a condominium, the inspector's obligations are limited only to the condominium unit listed on this agreement. The inspector will not inspect any common areas of the building, including roofs, attics, exterior walls, structural elements, or parking spaces assigned to the condominium unit. If the development has a pool or spa, the inspection will not include any inspection of the pool or spa. The inspector shall not provide any advice on the adequacy of the reserves held by a homeowners' association, nor shall the inspector provide any advice on any scheduled repairs or maintenance of the common areas of the building.
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.
RE-INSPECTION OF COMPONENTS: In the event that the Inspector is asked by the Client to re-inspect a component or condition that has been repaired, the Inspector’s scope of re-inspection will be limited to the components or conditions identified. The Inspector will not be responsible for any changed conditions in other components or conditions since the date of the original Inspection. Any re-inspection of repaired components or conditions will not determine if the repair is adequate, proper, or compliant with current building codes. Any re-inspection will only determine if visually identifiable deficiencies still exist.
LIMITATION OF LIABILITY
THE FOLLOWING CLAUSE LIMITS THE LIABILITY OF THE INSPECTOR – PLEASE READ CAREFULLY
THE CLIENT AGREES AND UNDERSTANDS THAT THE INSPECTOR IS NOT AN INSURER AND IS NOT WARRANTING OR GUARANTEEING THE ADEQUACY, PERFORMANCE, OR LIFE EXPECTANCY OF ANY STRUCTURE, ITEM, COMPONENT, OR SYSTEM OF THE PROPERTY. THE CLIENT FURTHER AGREES THAT, IF THE INSPECTOR OR ANY OF THE INSPECTOR’S AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS, OR SHAREHOLDERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO NEGLIGENCE OR THE FAILURE TO PERFORM THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT, INCLUDING THE IMPROPER OR NEGLIGENT PERFORMANCE OF THE INSPECTION OR THE IMPROPER OR NEGLIGENT REPORTING OF CONDITIONS OF THE PROPERTY, THE INSPECTOR’S MAXIMUM LIABILITY SHALL BE LIMITED TO TWICE THE AMOUNT OF THE PAID INSPECTION FEE. THIS LIMITATION SHALL NOT APPLY TO ANY DAMAGES SPECIFICALLY ALLOWED BY STATUTE.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: DAMAGED PROPERTY, LOSS OF USE OF THE PROPERTY, LOST PROFITS, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, GOVERNMENTAL FINES AND CHARGES, PUNITIVE DAMAGES, ATTORNEY’S FEES, AND COURT COSTS.
AT THE CLIENT’S OPTION, A COMPREHENSIVE INSPECTION WITHOUT LIMITATION OF LIABILITY IS AVAILABLE. A COMPREHENSIVE INSPECTION INCLUDES A CONTRACTOR, ENGINEER, AND ARCHITECT REVIEWING THE PROPERTY FOR A MINIMUM FEE OF $2,500 (REQUIRES QUOTE). A COMPREHENSIVE INSPECTION REQUIRES A SEPARATE CONTRACT.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF THE INSPECTOR IN THE PERFORMANCE OF THE INSPECTOR’S OBLIGATIONS IN THIS AGREEMENT.
RESOLUTION OF DISPUTES
Any controversy or claim arising out of or relating to this Agreement shall be resolved through Small Claims Court (or similar court of limited monetary jurisdiction) in the jurisdiction applicable to this Agreement. In the event that the amount in dispute exceeds the jurisdiction of the applicable Small Claims Court, the dispute shall be settled by binding arbitration administered by Construction Dispute Resolution Services, or if unavailable, Resolute Systems, before a single arbitrator using its Commercial Arbitration Rules. The arbitrator shall have at least three years of knowledge and experience in the home inspection industry or similar knowledge and experience in construction. Each party agrees to pay its own costs of arbitration.
Any legal action or proceeding shall be brought in the County in which the Property is located.
ENFORCEMENT FEES AND COSTS
Any party failing to follow the RESOLUTION OF DISPUTES process identified above shall be liable for all fees and costs associated with compelling or enforcing compliance with the RESOLUTION OF DISPUTES process.
TIME TO INITIATE ACTION
Any action regarding or arising from the condition of the Property and the inspection and/or written report must be filed and initiated by the Client no later than five (5) years following the date of the Inspection. Otherwise, the claim will be barred. If the matter is in arbitration, the arbitrator will be bound by the terms of this paragraph as a limitation on the arbitrator's ability to render an award in favor of the Client.
NO WARRANTIES OR GUARANTEES
The Inspection and the written report are not intended, nor shall they be used or treated by the Client or anyone else, as a guarantee or warranty expressed or implied, regarding the adequacy, performance, or condition of any aspect of the Property. The Client acknowledges and agrees that the Inspector is not an insurer of any inspected or non-inspected conditions of the Property.
RELIANCE BY THIRD PARTIES
The Client agrees and understands that the Inspection report provided to the Client under this Agreement is solely for the Client’s exclusive use in evaluating the physical condition of the property. No representation is made by the Inspector as to the value of the Property.
If anyone other than the Client relies upon the Inspection report, that person agrees to be bound by all of the terms and conditions in this Agreement.
ENTIRE AGREEMENT AND SEVERABILITY OF PROVISIONS
This Agreement contains the entire Agreement between the Client and the Inspector. This document supersedes any and all representations, both oral and written, among the parties. This Agreement may be modified, altered, or amended only in writing and having been signed by both parties. Any provision of this Agreement which proves to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision of this Agreement, and all such other provisions shall remain in full force and effect.
You may not assign this Agreement. 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 for all Clients and/or intended beneficiaries. The provisions of this Agreement will be binding upon any party that takes title to the Property with the Client or claims title to the Property through the Client.