Florida Home Inspection Standards and limitations / exclusions
1. Client requests a limited visual inspection of the residential structure identified at the above address by the listed inspector of the above company, herein after collectively referred as the “Company” and Client hereby represents and warrants that all approvals necessary have been secured for Company’s entrance on to the property.
2. Client warrants (a) they have read the following Agreement carefully, (b) they understand they are bound by all the terms of this contract and (c) they will read the entire inspection report when received and promptly call Company with any questions they may have.
3. Client understands that the inspection and inspection reports are the property of Company (A.C.F. Home Inspections, Inc.) and are performed and prepared for their sole, confidential and exclusive use. Client agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions ONLY. (a) One copy may be provided to the current seller(s) of the property but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with Client’s transaction, and agree not to transfer or disclose the report to any persons other than their real estate agent, and (b) one copy may be provided to the real estate agent representing Client and/or a bank or other lender for use in Client’s transaction only. Client agrees to indemnify, defend and hold harmless Company from any third party claims relating to this inspection or inspection report.
4. Company agrees to perform a limited visual inspection of the residential structure at the above address and to provide Client with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of inspection. The inspection will be performed in a manner consistent with the standards of the InterNachi and the State of Florida sop 61-30. A copy of these Standards is provided to Client. http://www.nachi.org/sop.htm
5. The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any areas which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceiling, furnishing or any other thing, or those areas/items which have been excluded by the InterNachi standards and/or by agreement of the parties is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which are concealed from view at the time of the inspection or exists in any area excluded from inspection by the terms of this agreement. Maintenance and other items may be discussed by will NOT form a part of the inspection report The following areas/items, systems and components are among those NOT included in the inspection:
Code or zoning violations
System or component installation
Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing
Termites or other wood destroying insects, rodents or other pests, dry-rot or fungus
Latent or concealed defects
Asbestos, radon gas, lead paint,mold, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCB’s or other toxins, electro-magnetic fields, underground storage tanks, proximity to toxic waste sites or other environmental or health hazards
Private water or sewage systems
Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components
Repair cost estimates
Building value appraisal
Radio controlled devices
Automatic gates,Elevators,lifts, dumbwaiters
Thermostatic or time clock controls
Wells, water softeners, filters or purifiers
Radiant heat systems
Furnace heat exchanger
Solar heating systems
Gas appliances such as fire pits, barbecues, heaters and lamps. Main gas shut off valve. Any gas leaks
Odors or noise
Freestanding or not permanently attached appliances or any appliance not asked to be inspected in writing by the buyer to the inspector
Security or fire safety systems
Any adverse condition that may affect the desirability of the property
Proximity to railroad tracks or airplane routes
Boundaries, easements or rights of way
Unique/technically complex systems or components
System or component life expectancy
Adequacy or efficiency of any system or component
Items specifically noted as excluded in the inspection report
Detached structures when square footage is not included in the inspection price or quote
any other service(s) that the inspector (s) or company is licensed to perform but was not hire to perform that specific service
any structure, areas,component or system not within the quoted square footage of the original structure or not included in the quote (square footage) or (area) crawlspace
any component or system special feature(s)
any common area (s) of a condo, townhouse or villa beyond the interior of the unit inspected
those areas beyond the standards of practice http://www.nachi.org/sop.htm
If inspection is desired of any of the areas/items, systems or components listed above, the Client shall contract the appropriate professionals.
6. Client understands that the inspection and inspection report do not constitute a guarantee or warranty of merchantability or fitness for a particular propose, expressed or implied, or insurance policy, nor is it a substitute for real estate transfer disclosures which may be required by law.
7. The written report to be prepared by Company shall be considered the final exclusive findings of Company of the structure. Client understands and agrees they will not rely on any oral statements made by the Inspector prior to the issuance of the written report. Client further understands and agrees Company reserves the right to modify the inspection report for a period of time that shall not exceed forty-eight hours (48) after the inspection report has first been delivered to Client.
8. Client understands and agrees that any claim arising out of or related to any act or omission of Company in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to Company within two (2) business days of discovery. Client further agrees to allow Company to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client or Client’s agents, employees or independent contractors, repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to notify Company as stated above shall constitute a waiver of any and all claims Client may have against Company. 2).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 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. No such action may be filed unless the plaintiff has first provided InterNACHI with 30 days written notice of the nature of the claim. In any action against INSPECTOR and/or InterNACHI, CLIENT waives trial by jury.
9. Client agrees to first attempt to resolve any dispute informally. Should such an attempt fail, Client agrees to submit the dispute to binding arbitration. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to this contract or arising out of, from or related to the inspection and inspection report shall be submitted for final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. The decision of the Arbitrator appointed thereunder shall be final and binding and judgment on the Award may be entered in any court of competent jurisdiction.
10. It is understood and agreed by and between the parties hereto that Company is not an insurer, that the payment for the subject inspection is based solely on the value of the service provided by Company in the performance of a limited visual inspection of the general condition of the structure’s systems and components as described in Paragraph 4 and production of a written inspection report, that because of the limited nature of this inspection the inspection cannot be expected to uncover all defects or deficiencies within the structure and that it is impractical and extremely difficult to fix the actual damages, if any, which may result from a failure to perform such services. Thus, Client and Company agree that in the event that Company breaches its obligation or duty to perform such service and Client is thereby damaged, then the liability of Company (including its officers, agents and employees) shall be limited to a sum equal to the amount of the fee paid by the customer for inspection and report and this liability shall be exclusive.
11. Client understands and agrees that if they are not present at the time of the inspection and, therefore, do not sign this Agreement, that this agreement will form a part of the inspection report and acceptance of the inspection report by Client shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement. Also, A.C.F. Home Inspections Inc. requires an inspection agreement to be signed by Client prior to performing an inspection. If you were not present at the inspection and did not sign the Inspection Agreement you, by accepting, paying for, and/or using the inspection report you acknowledge and agree to be found by the terms and conditions of the inspection agreement and further agree that the inspection agreement will form a part of the inspection report.
12. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in force between the parties.
13. This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representatives shall change, modify or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever.
14. “Your inspector may have an affiliation with a third party service provider (“TPSP”) in order to offer you additional value-added services. By entering into this agreement you (a) authorize your inspector to provide your contact information (including telephone number) to the TPSP, (b) waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone), and (c) authorize the TPSP to contact you (including by telephone) regarding special home alarm system offers.”
15. 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.
I have read, understand and agree to all the terms and conditions of this contract and to pay the fee listed above.
Florida State SOP links Read state Inspection requirements, The Nachi and Florida State standards of practice and limitation of the Inspection are listed above and links are below.