VISUAL INSPECTION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY
THIS AGREEMENT SUPERCEDES ALL PREVIOUS COMMENTS
1. THIS AGREEMENT made and entered into on the above Contract Date by and between the above named Client and the
undersigned, an independently owned and operated Franchisee of Pillar To Post Inc., hereafter referred to as "Inspector".
Inspector will conduct a visual inspection of the Property only. The inspection is performed in accordance with the
Standards of Practice of the American Society of Home Inspectors (ASHI). This is not a Building Code inspection, title
examination, nor a By-law compliance inspection. The Inspector does not offer an opinion as to the advisability or
inadvisability of the purchase of the property, its value or its potential use. The inspection fee is based on a single visit to the
property and the inspection report will be delivered on site at the end of the inspection unless otherwise agreed to by the
contracting parties.
2. The Client will receive a written report of Inspector's observations of the accessible features of the Property. Subject
to the terms and conditions stated herein, the inspection includes the non-invasive visual examination of the home's exterior
including roof and chimney, structure, electrical, heating and cooling systems, insulation, plumbing, and interior including floors,
walls, ceiling and windows; it is a reasonable effort to disclose the condition of the house based on a visual inspection.
Additionally, Inspector will functionally operate major built-in appliances. Unless expressly stated in an addendum to this contract,
this contract does not include an inspection of any out buildings or structures not attached to the dwelling other than a garage or
carport. Conditions beyond the scope of the inspection will not be identified. No engineering services are offered.
3. This Inspection Report is based on the condition of the Property existing and apparent as of the time and date of the
inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems,
inaccessibility of areas of the Property, etc. A defect that was apparent on any date prior to the inspection date may not be
apparent on the inspection date. Without dismantling the house or its systems, there are limitations to the inspection. Throughout
any inspection, inferences are drawn which cannot be confirmed by direct observation. Clues and symptoms often do not reveal
the extent or severity of problems. Therefore, the inspection and subsequent Inspection Report may help reduce the risk of
purchasing the property; however, an inspection does not eliminate such risk nor does the Inspector assume such risk. While
some of the less important deficiencies are addressed, an all-inclusive list of minor building flaws is not provided. Inspector is
neither responsible nor liable for the non-discovery of any latent defects in materials, workmanship, or other conditions
of the Property which may occur or may become evident after the inspection time and date. Inspector is neither an insurer
nor guarantor against defects in the building and improvements, systems or components inspected. Inspector makes no
warranty, express or implied, as to the fitness for use or condition of the systems or components inspected.
4. The inspection report is provided solely for the benefit of the Client and may not be relied upon by any other person. The
Inspector will not review any other inspection report prior to preparing the Inspection Report provided pursuant to this
Agreement unless a copy of the prior report is provided to the Inspector prior to the beginning of the inspection. The Client
shall not rely on any other inspection report prepared at any time by the Inspector that is not prepared for or addressed to the
Client.
5. Inspections are done in accordance with the ASHI Standards of Practice, are visual, and are not technically exhaustive.
The following items are specifically excluded from the inspection: water softening systems, security systems, telephone and
Initial
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Property:
Client: Phone:
Address:
Real Estate Company:
Inspection Fee:
Additional Fees:
Tax:
Total:
Agent:
Paid By:
Date Paid:
Payment Method:
Report Provided To:
Contract Date:
cable TV cables, timing systems, swimming pools and spas, underground or concealed pipes, sewer lines, septic
systems, electrical lines and circuits, central vacuum systems, central air conditioning when outside temperature is
below 65º F or 18º C, and any other condition, item, system or component which by the nature of their location are concealed or
otherwise difficult to inspect or which the Inspector cannot visually examine. Excluded is the assurance of a dry basement or
crawl space; also excluded is the assurance that double and triple pane glazing seals in windows are intact. Inspector will not
dismantle any component or system; full evaluation of the integrity of a heat exchanger requires dismantling of the furnace and is
beyond the scope of a visual inspection.
6. Inspector will not conduct geological tests; will not inspect inaccessible or concealed areas of the Property; will not enter
dangerous areas of the Property; will not inspect for environmental concerns such as hazardous substances or gasses, including
but not limited to, radon gas, asbestos, formaldehyde; or for pests such as wood destroying organisms, insects, rodents; fungus
including but not limited to mold and mildew unless the inspector is qualified to do so and the client specifically requests the
service for an additional fee.
Initial
7. The condition of certain systems, components and equipment will be randomly sampled by the Inspector. Examples include, but
may not be restricted to, window/door operation, electrical receptacles, switches and lights, cabinets, mortar, masonry, paint and
caulking integrity, roof covering materials, and examination of interior and exterior surfaces for signs of moisture ingress.
8. The inspection excludes defects such as cracking, leaking, surface discolorations, or landslides resulting from hidden defects,
including but not limited to, water leaks, land subsidence, or other geological problems. The inspection also excludes merely
cosmetic features, including but not limited to, paint, wall coverings, carpeting, floorings, paneling, lawn, and shrubs. The
Inspector is not required to determine property boundary lines or encroachments.
9. In the event that the Client claims damages against the Inspector and does not prove those damages, the Client shall pay all legal
fees, legal expenses and costs incurred by the Inspector in defense of the claim.
10. The Inspector shall have the right to examine the subject matter and area of any claim or potential claim against the Inspector
arising herefrom and the right to offer a resolution prior to Client's performance of any remedial measures (except in the event of
an emergency, or to protect for personal safety, or to reduce or avoid damage to property) The right of examination herein is a
condition precedent to the commencement of any claim by the Client against the Inspector for any reason including
negligence or breach of any term hereof. The Client shall not file or commence any claim against the Inspector in any
jurisdiction until he has notified the Inspector of his complaint and made reasonable efforts to afford the Inspector an
opportunity to complete such examination.
11. This Agreement and the documents referred to herein constitute the entire Agreement between the parties hereto, and supersede
any and all prior representations, discussions, or agreements, whether written or oral. No amendment, change, or variance from
this Agreement shall be invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other
provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties.
12. The inspection report does not constitute a warranty, guarantee or insurance policy of any kind. There are no
warranties made against roof leaks, wet basements, or mechanical breakdowns. The report is a professional opinion based
on a visual inspection of the accessible areas and features of the property as of the date and time of the inspection and is not
a listing of repairs to be made. The report is not an assessment nor is it an appraisal. Neither the inspector nor Pillar To Post
Inc. Is associated with any seller, buyer, contractor, lawyer or realtor.
13. The Client is encouraged, at their own risk, to participate in the visual inspection process and accepts responsibility for the
consequences of electing not to do so. The inspection process is a two part system: the verbal survey and the report. As
such, this report is not transferable to third parties as it will not clearly convey the information herein. This report is prepared by
inspector at your request, on your behalf, and for your use and benefit only; this report and any memoranda or information
provided to you pursuant to this inspection agreement are not to be used, in whole or in part, or released to any other person
without inspector's prior written permission. Client hereby agrees to indemnify, defend and hold harmless inspector and Pillar To
Post Inc. If, through the unauthorized distribution of this report, any third party brings a claim against inspector or Pillar To Post
Inc. Relating to the inspection or inspection report.
14. Relationships/third party providers. Pillar To Post Inc. may have an affiliation with third-party service providers ("TPSP") in order to
offer value-added services to clients. Pillar To Post Inc. and the inspector may receive compensation for such services. Pillar To
Post Inc. may also arrange for these TPSPs to send literature or make post-inspection contact with the client. By executing this
agreement, the client expressly consents to the disclosure of client’s personal contact information to Pillar To Post Inc. and
TPSPs. If client does not wish to receive literature from or be contacted by TPSPs, client shall simply notify the inspector.
15. T
he inspector may collect data which may be used by the inspector, and which may be provided to Pillar To Post Inc. for use
by Pillar To Post Inc. The collected data will primarily consist of data relating to the visual inspection conducted, but may also
consist of other data relating to the property inspected, client and/or client representative personal and contact information,
and demographic data. The inspector and Pillar To Post Inc. may use collected data to perform analysis, improve business
processes, improve the Pillar To Post Inc. inspection experience, and obtain feedback from clients and client representatives.
The inspector and Pillar To Post Inc. may also provide collected data to third-party service providers ("TPSP") in order to offer
value-added services to clients, as described in this agreement. The inspector and/or Pillar To Post Inc. may provide
aggregated collected data, but not individual collected data or personal information, to third parties. Other than interaction with
TPSPs and aggregated data, the inspector and Pillar To Post Inc. will not sell or rent the collected data to anyone, or share the
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collected data with any third party except as necessary to fulfill client requests. By executing this agreement, the client
expressly consents to the collection and use of data by the inspector and Pillar To Post Inc. as described herein.
16. Schedules indicated below and attached form part of this agreement. In the event of any conflict between a schedule and the
provisions of this agreement, the provisions of the schedule will apply to the extent of the conflict.
Attached Schedules:
By initialing here (_______), you authorize us to distribute copies of the Report to the real estate agents directly involved in this
transaction, who are not designated beneficiaries of the Report, intended or otherwise.
By signing this Inspection Contract I/We acknowledge, covenant and agrees that:
I/We understand and agree to be bound by each and every provision of this Contract.
I/We have the authority to bind any other family membe
r
s or other interested parties to this Contract.
The Inspector has not made any representations or warranties about the terms of this Contract other than those contained in this
written Contract.
I/We have had the opportunity to seek such legal advice as I/We desire in relation to the effect of this Contract on my/our legal
rights.
___________________________________________________ ______/______/_____________
Signature of Client or Client's Representative Date Signed (mm/dd/yyyy)
Franchisee:
Address:
___________________________________________________
Signature of Authorized Inspector.
Inspector:
Spoke with Seller [ ] Yes [ ] No Inspection Time:
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