The following contract explains the "Scope" and the "Limitations and Exclusions" of the home inspection. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and yourself. Please read the contract and completely fill in the required boxes and sign below.
Scope of the Inspection
1. The inspection services and Report provided by CMHI (Central Mass Home Inspection) are based on a visual inspection of the readily accessible areas and functioning systems of the subject property as observed at the time of the inspection only. The inspection and Report are made in conformity with the Standards of Practice of the Commonwealth of Massachusetts 266 CMR 1.00 through 11.0. The inspection and Report are limited in nature by the terms, exclusions and limitations as stated in the Standards of Practice and this contract. The inspection and report are limited to the major structural and major mechanical systems of this property as outlined in the Standards of Practice which can be subjected to a visual inspection from the ground, without demolition or damage to the finish materials and/or removal of covering items or stored materials. A copy of the Massachusetts Standards of Practice will be attached to the final report.
2. CMHI will provide an inspection report within 24 hours (normally the same day) of the initial inspection by e-mail or placed in standard delivery mail. The Report is intended to disclose to the Client major defects that could significantly affect the Client’s assessment of the house, and is essentially a professional “second opinion or snapshot” of the house as of the date of the inspection only. CMHI will use reasonable efforts to document visual observations and make recommendations based on knowledge, experience and training; but CMHI is not responsible or liable for problems which cannot be reasonably discovered in a limited inspection. The Inspector’s primary concern is to use accessible and visual clues combined with training and experience to discover major and unsafe conditions, so that the client can make his or her own evaluation of the overall condition of the home. The inspector will not report on every minor problem or condition in the house. Any reference to minor sub systems and or components is solely for the Client’s further information and requires further evaluation. Cosmetic deficiencies are to be considered as obvious as an exhaustive listing is beyond the scope of this inspection.
3. This is not an engineering survey or architectural assessment of the property. The inspector is a generalist with limited knowledge across many fields and is not to be considered an expert in any specific field. CMHI will not estimate the scope or cost of any needed repairs. The true cost of repairs should be determined by communicating with the appropriate contractors, tradesmen or experts. In an inspection of limited scope, it would be impossible to find every defect in a house; visually every property will have problems not identified in a final Report. Items such as, but not limited to, windows and doors, light switches, wall outlets, hardware and locks are checked on a representative number basis. Air conditioning systems are not tested during cold weather as they can be damaged. If a system is shutdown, the Client should ask the owner to provide written assurance that the system in question is functional and provide a service history and or any maintenance records.
4. This confidential inspection Report is for the exclusive use of the Client and may not be transferred, assigned to or relied upon by any third party. ALL COPY RIGHTS ARE RESERVED. The client shall indemnify and hold harmless CMHI from losses, liabilities, damages and penalties and all related costs and expenses (including reasonable attorney’s fees) related to third party lawsuits.
Exclusions and Limitations
5. In addition to the Exclusions and Limitations contained in 266 CMR 1.00 through 11.00, the Client agrees that the following items are also Excluded as part of the inspection contracted: The condition of shut-down systems and components, the assurance of dry basements or against roof / flashing leaks; repair / replacement cost estimates or building value appraisals, system or component life expectancy, suitability for building use, adequacy or efficiency of systems or components for their intended use and building size; snow covered components, obstructed components, exploratory demolition, any presence of lead or lead by-products, urea formaldehyde, radon gases, radon mitigation systems, asbestos & materials that may contain asbestos, algae, fungi, mold, mildew, any and all environmental health hazards or conditions, odors or noise, hazardous waste, PCB’s, toxins, flammable chemicals, proximity to toxic waste sites, sheds; presence of insects, rodents, vermin, or bed bugs; type & condition of concealed roof decking and fasteners; outlets blocked by furniture or appliances, electromagnetic fields, security devices and systems and burglar alarms, intercom systems, smoke & CO alarms and fire systems, sprinkler systems, solar installations, underlying siding materials, concealed piping and wiring, fixture overflows; components obstructed by dense vegetation; concealed or inaccessible crawl spaces, and the exact age assessment and remaining service life of systems and components. The inspection of buried piping, private water supply purity or quality & chemistry, concealed pumps, filtrations systems, water purifiers or softeners; private waste disposal systems and flood prevention systems; sump pumps & drainage systems, swimming pools and equipment; spas, hot tubs, saunas, steam baths, concealed shower pans, fountains; geological or soil testing, wave action or hydrological stability, engineering & analysis; proximity to railroad tracks or airports or easements or boundaries or rights of way, proximity to adjoining properties or neighborhoods or wet lands; thermostatic or time controls, radio controlled devices, automatic gates, elevators, lifts, dumbwaiters, locks, all household appliances & controls & venting, ovens, microwave ovens, refrigerators, dishwashers, disposers; free standing appliances; draperies, blinds & window treatments; concealed window & door flashings, concealed insulation & vapor retarders, determination of Chinese drywall hazards, conditions behind finished surfaces, suitability of chimneys for connected appliances or fuel, chimney condition above the smoke chamber, chimney flues and liners; central vacuum systems; through the wall air conditioning; telephone; cable TV, furnace heat exchangers, concealed furnace / boiler parts, oil tanks & underground fuel tanks; solid fuel stoves, space heaters; concealed mechanical systems;
common areas, dehumidifiers humidifiers; flooring beneath carpeting, winterized systems, recalled components, concealed insulates; insulation effectiveness; fire escapes; code compliance; and auxiliary electrical systems which are not part of the primary electrical distribution system. The inspection for Building Code and Zoning violations and permit history, sufficient capacity for intended use and the legality of any building improvements or additions are excluded. Note: Testing for radon gas & water quality is available upon request for an additional charge.
6. No testing or inspection is included in the home inspection for wood-destroying insects, household pests or damage from insects. Your due diligence should include hiring a licensed pest control company to inspect the home NOW.
7. The results of the limited inspection and information contained in the report are based upon observations of readily accessible and observable areas on the date of inspection only and in conformance with the Commonwealth of Massachusetts 266 CMR 1.00 through 11.00. The report is not a guaranty or warranty against future defects in the inspected property. Homeownership brings with it the certainty that failures and repairs will occur, your home inspector will not be able to predict all such occurrences.
8. In any instance where there is a specific concern either by the Client or as raised by CMHI, the Client is advised to secure further evaluation and repair / replacement costs from an applicable licensed & insured contractor or specialist NOW, before proceeding with any purchase.
9. The inspection and report are in no way to be considered as a warranty, guaranty, or insurance policy expressed or implied, regarding the condition of the inspected property, hidden or latent defects and/or end use of the property. CMHI is not liable or responsible for problems which cannot reasonably be discovered by a limited inspection. The Client acknowledges that certain components may function consistent with their purpose at the time of this inspection, but due to their nature are subject to change or deterioration without notice. No destructive testing will be performed. The Inspector does not remove personal items; disturb finished surfaces, insulation, soil, snow, ice or debris which obstructs visibility of inspected areas or
components. The Inspector does not enter areas which may be dangerous or inaccessible, nor perform any procedure which may damage the property or its components. CMHI not operate any component which is shut down or otherwise inoperable.
10. The Client understands that it is impossible to accurately predict when any item or component in the premises which is the subject of this agreement may need replacement or repair. The Client understands that this is due, in part, to the fact that previous owners may or may not have maintained and serviced the systems or components properly and that problems are time-related. The Client understands that because of many variables, components working at the time of inspection may not necessarily function correctly in the future.
11. If any part of this contract is declared invalid or unenforceable by any court or competent jurisdiction, the remaining parts of this agreement shall remain in effect, and shall NOT be affected thereby except as necessary to adjust for the invalidated part.
12. It is strongly recommended that the Client attend and participate in the inspection for valuable information exchange about the condition of the property and maintaining its value. The Client's presence and questions during the inspection are crucial to understanding the final report and to the Client's ability to arrive at his/her own conclusions about the inspected property. If for any reason the Client is not present at the time of the inspection, this agreement will become part of the inspection report and acceptance of the inspection report will constitute the acceptance of the terms and understanding of the above.
13. CMHI does not make any recommendations as to whether or not the Client should purchase the home, the fair market value, or fairness of the price. CMHI will Report on each individual system and major component of the home listed in 266 CMR 1.00 through 11.00 Standards of Practice but will NOT attempt to "rate" the home as a whole.
14. It is the responsibility of the Client to provide sufficient lighting and safe access to the home and applicable common areas; and to make sure that utilities are on at time of inspection. CMHI is not responsible or liable for problems which cannot reasonably be discovered in a limited inspection. The
Client has been informed that a trip charge and hourly fee will be charged for a requested “return visit inspection.”
15. The Client has been informed that the inspection is not a substitute for a PRE-SETTLEMENT WALK-THROUGH as conditions can change between the day of inspection and the day of settlement.
16. The Client has agreed to assume all the risks for all conditions that are concealed, not readily accessible or obstructed from view at the time of inspection or exist in any area excluded from inspection. In addition, the Client has agreed that inspection of the excluded items shall be performed, detected and evaluated by “other specialists of his/her choice and hire.
17. The Client has agreed to perform timely due diligence regarding the recommendations made in this report and further that estimated cost to repair and/or replace items recommended be secured from a qualified appropriate licensed contractor prior to signing the final purchase and sale agreement
in order to determine the financial impact on your budget. Any item noted as a SAFETY HAZARD, should be repaired NOW.
18. The Client has agreed that CMHI shall be indemnified and reimbursed by the Client for its respective counsel fees, costs, expenses and efforts in defending against any civil action, where the Client does not prevail in a court of competent jurisdiction. Further, the Client agrees to indemnify and hold harmless CMHI from subrogation.
19. The Client has agreed that the inspection of detached buildings (sheds, garages, barns, etc.) is EXCLUDED from the inspection and report unless separately contracted.
20. The Client has agreed that if the home inspection is for reasons NOT PERSUANT TO THE SALE OF THE PROPERTY, or if the number of dwelling units in the building exceeds five, that the limit of liability to CMHI and its employees be limited to the cost of the inspection.
21. The Client has agreed that the copy righted report issued under this agreement is confidential and for the exclusive use of the Client. The report is for the sole use of the Client, and may not be transferred, assigned to or relied upon by any third party. ALL COPYRIGHTS ARE RESERVED. The Client shall indemnify and hold harmless CMHI from losses, liabilities, damages, and penalties and all related costs and expenses (including reasonable attorney’s fees) related to third party lawsuits.
22. In consideration for the inspection, the Client agrees to pay CMHI its fees as specified. Payment is due in full when the inspection is performed, and shall constitute acceptance of the terms and conditions of this Agreement. It is understood and agreed to by the parties hereto that all the provisions, limitations, exceptions, and exclusions of this Agreement shall apply to any optional services entered into by the parties.
Please print a copy of the home inspection agreement for your records.
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