IN a Real Estate
transaction INSPECTION….what really Matters.
Buying a home? The process can
be stressful. A home inspection is supposed to give you peace of mind,
but often has the opposite effect. You will be asked to absorb a lot
of information in a short time. This often includes a written report,
checklist, photographs, environmental reports and what the inspector
himself says during the inspection. All this combined with the seller's
disclosure and what you notice yourself makes the experience even more
overwhelming. What should you do…read more.
Relax. Most of your inspection
will be maintenance recommendations, life expectancies
and minor imperfections. These are nice to know about. However, the
issues that really matter will fall into four categories:
Major defects.
An example of this would be a significant structural failure that would
change the price by thousands of dollars.
Things that
may lead to major defects. A small roof-flashing leak that can be
easily caulked for example.
Things that may
hinder your ability to finance
legally occupy or insure the home, such as severe moisture damage
to the supporting structure framing.
Safety hazards,
such as an exposed, live buss bar at the electric panel that may take
a simple service call.
Anything in these categories should
be addressed before closing. Often a serious problem can be corrected
inexpensively to protect both life and property, No home is perfect
new or old, expect minorand normal occurring deficiencies
and minor latent defects as common home maintenance practices and always
research a good homeowner’s insurance policy that covers some latent
defects, have CCS come by once a year for a discounted routine inspection…
relax talk to your agent about possible handyman work to make some corrections
or a reasonable reduction in price and if there is nothing significant
and you really like the home then make the deal!
Most sellers are honest and are
often surprised to learn of defects uncovered during an inspection.
Realize that sellers are under no obligation to repair everything
mentioned in the report.
No home is perfect. Keep things in perspective. Do not kill your
deal over things that do not matter. It is inappropriate to demand that
a seller address deferred maintenance, conditions already listed on
the seller's disclosure or nit-picky items.
Thank you, California Certified
Services.
CCS conducts it’s inspections
to NACHI standards of practice, please read the inspector’s obligations
as well as their limitations, Most every inspector conduct inspections
to NACHI standards or very similar standards, when reading any pre-contract
terms and conditions there is not much variance at all, some inspectors
may charge a little less but also may have limited qualifications, CCS
is 30 years qualified and we also give a FREE THERMAL IMAGING and
INDOOR AIR QUALITY SCAN ($250.00 value) at no extra charge, so that
you are receiving the most for your dollar.
THIS HOME INSPECTION NACHI
PRE- AGREEMENT/CONTRACT is made and entered into by and between Anthony
R. Perez dba: California Certified Services, referred to as Inspector
and name entered referred to as Client. In consideration of the promise
Terms of
this Agreement, the parties agree as follows:
1. the client will pay the charges as agreed for the inspection of the
Property, being the residence, and garage or carport, if applicable,
located at the address listed below.
Name of client __________________________________________________________
Date accepted _______________
Address of inspected property
__________________________________________________________________________
1. INSPECTOR agrees to perform a visual inspection of the home/building
and to provide CLIENT with a written inspection report identifying the
defects that INSPECTOR both observed and deemed material. 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 International Association of Certified Home Inspectors
posted at http://www.nachi.org/sop.htm. Although INSPECTOR agrees
to follow InterNACHI’s Standards of Practice, CLIENT understands that
these standards contain certain limitations, exceptions, and exclusions.
CLIENT also understands that InterNACHI is not a party to this Agreement
and that InterNACHI has no control over INSPECTOR or representations
made by INSPECTOR and does not supervise INSPECTOR. Unless otherwise
indicated below, CLIENT understands that INSPECTOR will NOT be testing
for the presence of Radon – a colorless, odorless, radioactive gas
that may be harmful to humans. Unless otherwise indicated below,
CLIENT understands that INSPECTOR will NOT be testing for mold.
Unless otherwise indicated in separate writing, CLIENT understands that
INSPECTOR will not test for compliance with applicable building codes
or for the presence of potential dangers arising from asbestos, lead
paint, formaldehyde, molds, soil contamination, and other environmental
hazards or violations.
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, repairpersons, and other interested parties. INSPECTOR
accepts no responsibility for use or misinterpretation
by third parties.
INSPECTOR’S 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 to the
fullest extent allowed by law. If any structure or portion of any structure
that is to be inspected pursuant to this Agreement is a log home, log
structure or similar log construction, CLIENT understands that such
structures have unique characteristics that make it impossible for an
inspector to inspect and evaluate them by an exterior visual inspection.
Therefore, the scope of the inspection to be performed pursuant to this
Agreement does not include decay of the interior of logs in log walls,
log foundations or roofs or similar defects that are not visible by
an exterior visual inspection.
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, attorney’s fees and
expenses and payments arising out of or related to the INSPECTOR’S
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 equal to the fee paid to the INSPECTOR,
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. INSPECTOR
does not perform engineering, architectural, plumbing, or any other
job function requiring an occupational license in the jurisdiction where
the inspection is taking place, unless the inspector holds a valid occupational
license, in which case he/she may inform the CLIENT that he/she is so
licensed, and is therefore qualified to go beyond this basic home inspection,
and for additional fee, perform additional inspections beyond those
within the scope of the basic home inspection. Any agreement for
such additional inspections shall be in a separate writing.
6. In the event
of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR
with the following: (1) Written notification of adverse conditions within
14 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: section 945.5(b) Affirmative
defenses.
7. 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. In the event that
CLIENT fails to prove any adverse claims against INSPECTOR in a court
of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR
in defending said claims. CLIENT further understands that any
legal action against InterNACHI itself allegedly arising out of this
Agreement or Inspector’s relationship with InterNACHI must be brought
only in the District Court of Boulder County, Colorado. s
8. If any court
declares any provision of this Agreement invalid or unenforceable,
the remaining provisions will remain in effect. This Agreement
represents the entire agreement between the parties. All prior
communications are merged into this Agreement, and there are no terms
or conditions other than those set forth herein. No statement
or promise of INSPECTOR or its agents shall be binding unless reduced
to writing and signed by INSPECTOR. No change or modification
shall be enforceable against any party unless such change or modification
is in writing and signed by the parties. 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 (less any deposit noted above) 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
attorney’s 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. If CLIENT requests a re-inspection,
the re-inspection is also subject to all the terms and conditions set
forth in this agreement.
11. This Agreement
is not transferable or assignable. CLIENT HAS CAREFULLY READ THE FOREGOING,
AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
The inspector
requires access to the home (key) or code and all utilities turned ON.
11. This inspection does not
determine whether the property is insurable.
12. Client agrees that inspector may give a copy of the report to their
agent.
NACHI STANDARDS OF PRACTICE
1. Roof; the inspector shall
inspect from ground level or eaves:
? the roof covering;
? the gutters;
? the downspouts;
? the vents, flashings, skylights, chimney and other roof Penetrations;
? the general structure of the roof from the readily accessible panels,
doors or stairs;
2. Exterior; The inspector
shall inspect:
? the siding, flashing and trim;
? all exterior doors, decks, stoops, steps, stairs, porches, railings,
eaves, soffits and fascias;? report as in need of repair any spacing’s
between intermediate balusters, spindles, or rails for steps, stairways,
balconies, and railings that permit the passage of an object greater
than 4 inches in diameter;
? a representative number of
windows;
? the vegetation, surface drainage, and retaining walls when these
are likely to adversely affect the structure;
? describe the exterior wall covering;
3. Basement, Foundation &
Crawlspace; The inspector shall inspect:
? the basement;
? the foundation;
? the crawlspace;
? the visible structural components; ? report on the location of
under-floor access openings;
? report any present conditions or clear indications of active water
penetration observed by the inspector;
?for wood in contact or near soil;
? report any general indications
of foundation movement that are observed by the inspector, such as, but
not limited to: sheetrock cracks, brick cracks, out-of-square door frames,
or floor slopes;
? and report on any cutting,
notching and boring of framing members which may present a structural
or safety concern.
4. Heating; The inspector shall
inspect:
? inspect the heating systems using
normal operating controls, and describe the energy source and heating
method;
? report as in need of repair heating systems which do not operate;
? report if the heating systems are deemed inaccessible.
5. Cooling; the inspector is
to inspect:
? inspect the cooling systems
using normal operating controls, and describe model unit and general
condition
6. Plumbing; the inspector
shall;
? inspect and determine if the
water supply is public or private;
?verify the presence of and
identify the location of the main water shut-off valve;
? inspect the water heating equipment, including venting, connections,
energy source supply system, and seismic bracing, verify the presence
or absence of temperature-pressure relief valves and/or Watts 210 valves;
? flush toilets;
? run water in sinks, tubs, and showers;
? inspect the interior water supply, including all fixtures and faucets;
? inspect the drain, waste and vent systems, including all fixtures;
? describe any visible fuel storage systems;
? inspect the drainage sump pumps and test pumps with accessible floats;?
inspect and describe the water supply, drain, waste and main fuel shut-off
valves, as well as the location of the water main and main fuel shut-off
valves;
? inspect and report as in need of repair deficiencies in the water
supply by viewing the functional flow in two fixtures operated simultaneously;
? inspect and report as in need of repair deficiencies in installation
and identification of hot and cold faucets;
? inspect and report as in need of repair mechanical drain-stops that are
missing or do not operate if installed in sinks, lavatories and tubs;
? inspect and report as in need of repair commodes that have cracks in
the ceramic material, are improperly mounted on the floor, leak, or
have tank components which do not operate.
7. Electrical; the inspector
shall inspect;
? the service drop/lateral;
? the meter socket enclosures; the means for disconnecting the service
main;
? describe the rating of the service amperage;
? panelboards and overcurrent devices (breakers and fuses);
report on any unused circuit breaker panel openings that are not filled;
? the service grounding and bonding;
? a representative number of switches, lighting, fixtures, and receptacles,
including receptacles observed and deemed to be AFCI-protected ?during
the inspection using an AFCI tester, where possible; ? test all Ground
Fault Circuit Interrupter (GFCI) receptacles and GFCI circuit breakers
observed and deemed to be GFCIs during the inspection using a GFCI tester,
where possible; ? report the presence of solid conductor aluminum
branch circuit wiring, if readily visible;
? report on any tested receptacles in which power was not present, polarity
is incorrect, is not secured to the wall, the cover is not in place, the
ground fault circuit interrupter devices are not properly installed or
do not operate properly, evidence of arcing or excessive heat is present,
or where the receptacle is not grounded or is not secured to the
wall;
? the service entrance conductors and the condition of the conductor insulation;
? report the absence of smoke detectors; ? service entrance cables,
and report as in need of repair deficiencies in the integrity of the
insulation, drip loop, or separation of conductors at weatherheads and
clearances from grade or rooftops.
8. Fireplace; the inspector
shall inspect:
? the fireplace, and open and
close the damper door, if readily accessible and operable;
? hearth extensions and other permanently installed components;
? report as in need of repair
deficiencies in the lintel, hearth and material surrounding the fireplace,
including fireplace opening clearance from visible combustible materials.
9. Attic, Ventilation &
Insulation; the inspector shall inspect:
? the insulation in unfinished
spaces;
? the ventilation of attic spaces;? mechanical ventilation systems;
? report on the general absence or lack of insulation in unfinished
spaces.
10. Doors, Windows & Interior;
the inspector shall:
?open and close a representative
number of doors and windows;
?inspect the walls, ceilings, steps, stairways and railings;
?and report as in need of repair
any spacing between intermediate balusters, spindles or rails for steps,
stairways and
railings that permit the passage of an object greater than 4 inches
in diameter;
?inspect garage doors and garage door openers by operating first by remote
(if available), and then by the installed automatic door control;
?and report as in need of repair any installed electronic sensors
that are not operable or not installed at proper heights above the garage
door;
? and report as in need of repair any door locks or side ropes that
have not been removed or disabled when garage door opener is in use;
?report as in need of repair any windows that are obviously fogged
or display other evidence of broken seals.
Limitations, Exceptions &
Exclusions
3.1. Limitations:
I. An inspection is not technically
exhaustive.
II. An inspection will not identify concealed or latent defects.
III. An inspection will not deal with aesthetic concerns or what could
be
deemed matters of taste, cosmetic defects, etc.
IV. An inspection will not determine the suitability of the property
for any use.
V. An inspection does not determine the market value of the property
or its
marketability.
VI. An inspection does not determine
the insurability of the property.
VII. An inspection does not determine the advisability or inadvisability
of the
purchase of the inspected property.
VIII. An inspection does not determine
the life expectancy of the property or any components or systems therein.
IX. An inspection does not include
items not permanently installed.
X. These Standards of Practice apply only to homes with four or fewer
dwelling units.
3.2. Exclusions:
I. The inspectors are not required
to determine:
A. property boundary lines or
encroachments.
B. the condition of any component or system that is not readily accessible.
C. the service life expectancy of any component or system.
D. the size, capacity, BTU, performance, or efficiency of any component
or system.
E. the cause or reason of any condition.
F. the cause for the need of repair or replacement of any system or
component.
G. future conditions.
H. compliance with codes or regulations.
I. the presence of evidence of
rodents, animals or insects.
J. the presence of mold, mildew
or fungus.
K. the presence of air-borne hazards.
L. the presence of birds.
M. the presence of other flora or fauna.
N. the air quality.
O. the existence of asbestos.
P. the existence of environmental hazards.
Q. the existence of electro-magnetic
fields.
R. the presence of hazardous materials
including, but not limited to, the presence of lead in paint.
S. any hazardous waste conditions.
T. any manufacturer's recalls or conformance with manufacturer installation,
or any information included for consumer protection
purposes.
U. operating costs of systems.
V. replacement or repair cost estimates.
W. the acoustical properties of any systems.
X. estimates of the cost to operating any given system.
II. The inspectors are not required
to operate:
A. any system that is shut down.
B. any system that does not function properly.
C. or evaluate low-voltage electrical systems such as, but not limited
to:
1. phone lines;
2. cable lines;
3. antennae;
4. lights; or
5. remote controls.
D. any system that does not turn
on with the use of normal operating controls or any shut-off valves
or manual stop valves.
F. any electrical disconnect or over current protection devices.
G. any alarm systems.
H. moisture meters, gas detectors or similar equipment.
III. The inspectors are not required
to:
A. move any personal items or
other obstructions, such as, but not
limited to:
1. throw rugs;
B. dismantle, open, or uncover
any system or component.
C. enter or access any area which may, in the opinion of the inspector,
be unsafe.
D. enter crawlspaces or other
areas that are unsafe or not readily accessible.
E. inspect underground items such as, but not limited to, underground
storage tanks or other indications of their presence, whether abandoned
or actively used.
F. do anything which, in the inspector's opinion, is likely to be
unsafe or dangerous to the inspector or others, or damage property,
such as, but not limited to: walking on roof surfaces,
climbing ladders, entering attic spaces, or negotiating with pets.
G. inspect decorative items.
H. inspect common elements or
areas in multi-unit housing.
I. inspect intercoms, speaker systems,
radio-controlled security
devices, or lawn irrigation systems.
J. offer guarantees or warranties.
K. offer or perform any engineering services.
L. offer or perform any trade or professional service other than
home inspection.
M. research the history of the property, report on its potential for
alteration, modification, extendibility, or its suitability for a
specific or proposed use for occupancy.
N. determine the age of construction or installation of any system
structure or component of a building, or differentiate between
original construction and subsequent additions, improvements,
renovations or replacements.
O. determine the insurability of a property.
P. perform or offer Phase 1 environmental
audits.
Q. inspect on any system or component
which is not included in
these standards.
DISCLAIMER: please read the
contracts terms and conditions carefully all Real Estate Home Inspectors
follow approximately the same NON-EVASIVE inspection standards
and they all have very similar limitations, a standard home inspection
is NON-EVASIVE and the inspector is not required to inspect hidden and
out of sight defects, including inside walls, buried or
non-assessable items. ARP dba; CCS inspects accordingly to a
NACHI standards check list which is listed on this contract and on our
website, we appreciate you the consumer to read it prior to signing
the contract. A home inspector CANNOT be held liable for inaccessible
items and out of sight defects.
NACHI REGULATIONS &
STANDARDS THE INSPECTOR IS NOT REQUIRED TO:
ROOF: A. walk on
any pitched roof surface. B. predict the service life expectancy. C.
inspect underground downspout diverter drainage pipes. D. remove snow,
ice, debris or other conditions that prohibit the observation of the
roof surfaces. E. move insulation. F. inspect antennae, lightning arresters,
de-icing equipment, or similar attachments’. Walk on any roof areas
that appear, in the opinion of the inspector, to be unsafe. Walk on
any roof areas if it might, in the opinion of the inspector, cause Damage. I.
perform a water test. J. warrant or certify the roof. EXTERIOR:
A. inspect or operate screens, storm windows, shutters, awnings, fences,
outbuildings, or exterior accent lighting. B. inspect items, including
window and door flashings, which are not visible or readily accessible
from the ground. C. inspect geological, geotechnical, hydrological and/or
soil conditions. D. inspect recreational facilities or playground equipment.
E. inspect seawalls, break-walls and docks. F. inspect erosion control
and earth stabilization measures. G. inspect for safety-type glass.
H. inspect underground utilities. I. inspect underground items. J. inspect
wells or springs. K. inspect solar, wind, or geothermal systems. L. inspect
swimming pools or spas. M. inspect septic systems or cesspools. N. inspect
sprinkler systems. O. inspect drain fields or drywells. P. determine
the integrity of the thermal window seals or damaged glass. Q. inspect
any damaged glass. BASEMENT, FOUNDATION, CRAWLSPACE;
the inspector is not required to enter any crawlspaces that are not
readily accessible or where entry could cause damage or pose a hazard
to the inspector. B. move stored items or debris. C. operate sump pumps
with inaccessible floats. D. identify size, spacing, span, location
or determine adequacy of foundation bolting, bracing, joists, joist
spans or support systems. E. provide any engineering or architectural
service. F. report on the adequacy of any structural system or component.
HEATING; II. The inspector is not required to: A. inspect or
evaluate interiors of flues or chimneys, fire chambers, heat exchangers, combustion
air systems, fresh air intakes, humidifiers, dehumidifiers, electronic
air filters, geothermal systems or solar heating systems. B. inspect fuel
tanks or underground or concealed fuel supply systems. C. determine the
uniformity, temperature, flow, balance, distribution, size, capacity,
BTU, or supply adequacy of the heating system. D. light or ignite pilot
flames. E. activate heating, heat pump systems or other heating systems
when ambient temperatures or other circumstances are not conducive to
safe operation or may damage the equipment. F. override electronic thermostats.
G. evaluate fuel quality. H. verify thermostat calibration, heat anticipation,
or automatic setbacks, timers, programs or clocks.
COOLING;
A. determine the uniformity, temperature, flow, balance, distribution, size,
capacity, BTU, or supply adequacy of the cooling system. B. inspect
window units, through-wall units, or electronic air filters. C. operate
equipment or systems if exterior temperature is below 60 degrees Fahrenheit,
or when other circumstances are not conducive to safe operation, or may
damage the equipment. D. inspect or determine thermostat calibration,
heat anticipation, or automatic setbacks or clocks. E. examine electrical
current, coolant fluids or gases, or coolant leakage. PLUMBING;
A. light or ignite pilot flames. B. determine the size, temperature,
age, life expectancy or adequacy of the water heater. C. inspect interiors
of flues or chimneys, combustion air systems, water softening or filtering
systems, well pumps or tanks, safety or shut-off valves, floor drains,
lawn sprinkler systems or fire sprinkler systems. D. determine the exact
flow rate, volume, pressure, temperature, or adequacy of the water supply.
E. determine the water quality or potability or the reliability of the
water supply or source. F. open sealed plumbing access panels. G. inspect
clothes washing machines or their connections. H. operate any main, branch
or fixture valve. I. test shower pans, tub and shower surrounds or enclosures
for leakage. J. evaluate the compliance with local or state conservation
or energy standards, or the proper design or sizing of any water,
waste or venting components, fixtures or piping. ELECTRICAL;
A. insert any tool, probe or device into the main panelboard, sub-panels, distribution
panelboards, or electrical fixtures. B. operate electrical systems that
are shut down. C. remove panelboard cabinet covers or dead front covers,
if they are not readily accessible. D. operate or reset overcurrent protection
devices or overload devices. E. operate non-accessible smoke detectors.
F. measure or determine the amperage or voltage of the main service equipment, if
not visibly labeled. G. inspect the fire or alarm system and components.
H. inspect the ancillary wiring or remote control devices. I. activate
any electrical systems or branch circuits which are not energized. J.
inspect low-voltage systems, electrical de-icing tapes, swimming pool
wiring, or any time-controlled devices. K. verify the service ground.
L. inspect private or emergency electrical supply sources, including,
but not limited to: generators, windmills, photovoltaic solar collectors,
or battery or electrical storage facility. M. inspect spark or lightning
arrestors. N. inspect or test de-icing equipment. O. conduct voltage
drop calculations. P. determine the accuracy of labeling. Q. inspect
exterior accent lighting.
FIREPLACE;
A. inspect the flue or vent system. B. inspect the interior of chimneys
or flues, fire doors or screens, seals or gaskets, or mantels. C. determine
the need for a chimney sweep. D. operate gas fireplace inserts. E. light
pilot flames. F. determine the appropriateness of any installation. G.
inspect automatic fuel-feed devices. H. inspect combustion and/or make-up
air devices. I. inspect heat distribution assists, whether
gravity controlled or fan-assisted.
J. ignite or extinguish fires. K. determine adequacy of draft or draft
characteristics. L. move fireplace inserts, stoves, or firebox contents.
M. perform a smoke test. N. dismantle or remove any component. O. perform
a National Fire Prevention Association (NFPA) - style inspection. P. perform
a Phase I fireplace and chimney inspection. ATTIC,
VENTALATION, INSULATION;
A. enter the attic or any unfinished spaces that are not readily accessible,
or where entry could cause damage or pose a safety hazard to the inspector,
in his or her opinion. B. to move, touch, or disturb insulation. C. to
move, touch or disturb vapor retarders. D. break or otherwise damage
the surface finish or weather seal on or around access panels and covers.
E. identify the composition or exact R-value of insulation material.
F. activate thermostatically operated fans. G. determine the types of
materials used in insulation or wrapping of pipes, ducts, jackets, boilers
and wiring. H. determine the adequacy of ventilation. DOORS, WINDOWS
& INTERIOR; A. inspect paint, wallpaper, and window treatments
or finish treatments. inspect central vacuum systems. C. inspect safety
glazing. D. inspect security systems or components. E. evaluate the fastening
of countertops, cabinets, sink tops or fixtures. F. move furniture, stored
items, or any coverings, such as carpets or rugs, in order to inspect the
concealed floor structure. G. move drop-ceiling tiles. H. inspect or
move any household appliances. I. inspect or operate equipment housed
in the garage, except as otherwise noted. J. verify or certify safe operation
of any auto-reverse or related safety function of a garage door. K.
operate or evaluate any security bar release and opening mechanisms,
whether interior or exterior, including their compliance with
local, state or federal standards. L. operate any system, appliance
or component that requires the use of special keys, codes, combinations
or devices. M. operate or evaluate self-cleaning oven cycles, tilt guards/latches or
signal lights. N. inspect microwave ovens or test leakage from microwave
ovens. O. operate or examine any sauna, steam-jenny, kiln, toaster,
ice- maker, coffee-maker, can-opener, bread-warmer, blender, instant hot
water dispenser, or other small, ancillary devices. P. inspect elevators.
Q. inspect remote controls. R. inspect appliances. S. inspect items not
permanently installed. T. discover firewall compromises. U. examine or
operate any above-ground, movable, freestanding, or otherwise non-permanently
installed pool/spa, recreational equipment or self-contained equipment.
V. come into contact with any pool or spa water in order to determine
the system structure or components. W. determine the adequacy of spa
jet water force or bubble effect. X. determine the structural integrity
or leakage of a pool or spa.
Dear Prospective home buyer,
Thank you for choosing CCS as
your home inspector I wish to review a few issues and disclaimers with
you, as an inspector speaking to a prospective home buyer prior
to signing perhaps the largest contract of their lives, a lot of people
believe that an inspector is liable and responsible for any and all
liabilities after an inspection, the fact is no inspector is the same
all reports will be different, no inspector will be able to locate any
and all defects and there are also limitations to an inspectors tasks.
A building is a combination of
hundreds perhaps thousands of individual components and some of those
components may hidden from plain view or may be functioning at the time
of inspection, an non-evasive inspection is a “snap shot” of that
particular moment in time, and an inspector cannot look back in the
past of a property they have never been to nor can an inspector see
the future. Depending on many factors such as the homes age and maintenance
history, we as inspectors must assess what we are able to view in only
three to four hours hypothetically in a sixty year home that may have
been cosmetically patched for the sale. Problems could arise right after
we finish or nine months later such as an A/C unit or water heater malfunction
or a water leak in the service main line, an inspection is not a guarantee
or insurance policy, we report the overall condition of the home and
any major defects that could severely reduce the value of the property
such as foundation and structural defects. CCS shall conduct a professional
non-evasive inspection as the NACHI standards of practice stipulates.
We always recommend three things
1- read the standards of practice before approving any inspection. 2-
Complete or negotiate the defects and/or repairs that are listed on
the report prior to closing. 3- Buy homeowners insurance that covers
appliances, roofing, etc. We hope you have a better understanding of
the inspectors’ tasks and limitations. Any other questions or concerns
feel free to ask.
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 claimed by reasons
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.
Note; these restrictions and
limitations are NACHI Residential Standard Practices, to view all clauses,
terms and conditions the consumer may view them at www.CAcertified.com there is also a direct link to NACHI
on the website. The contract is a total of 11pages. AGREEMENT TO VOLUNTARALLY
MEDIATE A CONFLICT AS THE FIRST ALTERNATIVE DISPUTE RESOLUTION
X ________ initial
to accept agreement.In the event that any dispute arises
between the parties in relation to this Agreement, or out of this Agreement,
and the dispute is not resolved by private negotiation, the parties
agree to submit the dispute to a voluntary
mediation. The parties further agree that their participation in mediation
is a condition precedent to any party pursuing any other
available remedy in relation to the dispute; both parties
agree to voluntarily give up their legal right to litigate in a court
of law or file any claims until the parties mediate and until it is
found that mediation did not resolve matters. Any party to the dispute
shall give written notice to the other party of his or her desire
to commence mediation by certified mail, and a mediation session must
take place within [30] days after the date that such notice is given.
The parties must jointly appoint a mutually acceptable mediator. If
the parties are unable to agree upon the appointment of a mediator within
[10] days after a party has given notice of a desire to mediate the
dispute, any party may apply to an unbiased construction mediation service,
or such other organization or person agreed to by the parties in writing
for appointment of a mediator. The parties further agree to share equally
the costs of the mediation, which costs will not include costs incurred
by a party for representation by counsel at the mediation." If
for whatever the reason may be” any party that breaches the mediation
contract shall not be able to collect any attorney or court costs, and
also may be found in default for a breach of the contract. Be warned
that a breach of contract allows the court the Insurance co. or the
contractor’s surety to compel the
claimant to comply with the
mediation agreement whichshall be considered a legally binding
portion of the underlying Home Improvement Contract once initialed and
signed.
X ___________________________________
consumer in acceptance of voluntary mediation. Date:______________
X
__________________________ Date___________ Consumer
has acknowledged that CCS has conducted inspecting the items checked
above and has agreed to the inspection prior to signing contract. This
form is considered a binding portion of the entire contract, terms and
conditions and the inspection was conducted to NACHI standards. The
inspection started at ____________ and ended at ____________ all terms
and conditions can also be reviewed at www.CAsafebuildings.com
X ____________________________________________
date ____________________ I agree with the contract terms and conditions
and promise to conduct the inspection in a good workmanlike manner.
Anthony Perez.