The address of the property is: 140 Grand Canal Drive, Poinciana, Fl
Fee for the inspection is $375.
THIS AGREEMENT made this July 14, 2021 by and between FUTURE HOME INSPECTION SERVICES (hereinafter “INSPECTOR”) AND THE UNDERSIGNED (“CLIENT”), collectively referred to herein as “the parties.”The Parties understand and voluntarily agree as follows:
We will perform a visual inspection of the home/building and provide you with a written report identifying the defects that we (1) observed and (2) deemed material.The report is only supplementary to the seller’s disclosure.CONDITIONS AND EXCLUSIONS This inspection report will give you a partial picture of the condition of the building being inspected. It is recommended that you also obtain a complete disclosure from the seller as to their knowledge of any defects to the property. Rely on that disclosure together with this inspection report and any other available reports (termite, VA, appraisal, etc.) for the overall condition of the building. Air Conditioning / Heating inspection is a minimal inspection verifying that conditioned air is produced at the time of the inspection. We do not check for refrigerant leaks. A specialist should be retained to clean and service used equipment.The report is a limited, visual inspection of apparent conditions in readily accessible areas of the building (the inspector will not move appliances, furniture, rugs, personal effects, boxes, etc.). It is an inspection designed to determine the working condition status of those items listed in the inspection report. The scope and extent of this inspection and report are limited to the specific items in the report (subject to Exclusions) to the extent that they are readily visible, accessible and apparent. The inspector is not required to walk on the roof, however if the roof is not wet and readily accessible the inspector will attempt to walk the roof. Roofs are inspected for visual condition, and signs of leaks. We do not guaranty roofs to be free of leaks. Pools are inspected for general condition. Pool leaks are not part of the inspection unless they are apparent from leaking pipes which can be seen visually.This is not an inspection to detect code compliance, safety, design or cosmetic deficiencies. The inspection comments on the working condition of only those items listed in the report.It does not intend to imply working condition of anything not expressly stated. Notations and comments on working condition apply to the item on the day of inspection only, and in no way warrants or guarantees any length of remaining service. The report is not a guarantee or a warranty of the condition of any items mentioned or not mentioned in this report. The report is solely a listing of items that are and are not in working condition, in the opinion of the inspector, at the time of inspection. It is quite possible for an appliance to be leak free and operational on the day of inspection, and to either leak and/or not operate immediately thereafter.Systems, items, and conditions which are NOT within the scope of the inspection include, but are not limited to: the possible presence of or danger from any potentially harmful or hazardous substance or environmental hazards such as radon gas, urea formaldehyde, lead based paint, asbestos, toxic or flammable materials, carbon monoxide, molds, fungi, or other environmental hazards; the presence of, or damage caused by, Chinese drywall, termites or any other wood damaging insects or organisms; portable household appliances; humidifiers; underground storage tanks; security and fire protection systems; water wells and septic systems; heating systems accessories; solar heating systems; sprinkling systems and landscape watering systems; water softener; central vacuum systems; telephone, intercom or cable TV systems and antennae; lightning arrestors; test for determining the suitability or quality of drinking water or air.Client understands that these systems, items and conditions are excepted from this inspection.
Unless otherwise noted in this Agreement or not possible, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the International Association of Certified Home Inspectors (“InterNACHI”), posted at www.nachi.org/sop. You understand that InterNACHI’s SOP contains limitations, exceptions, and exclusions.You understand that InterNACHI is not a party to this Agreement, has no control over us, and does not employ or supervise us.
Our inspection and report are for your use only.You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You will be the sole owner of the report and all rights to it.We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
LIMITATION ON LIABILITY AND DAMAGES.We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited to liquidated damages in an amount not greater than 1.5 times the fee you paid us.You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building.You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (i) reflect the fact that actual damages may be difficult or impractical to ascertain; (ii) allocate risk between us; and (iii) enable us to perform the inspection for the agreed-upon fee.
If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery, in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. (3) You will have no cause of action against us after 1 year from date of inspection.Failure to comply with these conditions releases us from liability.
You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business.If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim.
If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it.You had the opportunity to consult qualified counsel before signing this.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT AND THE ATTACHED DOCUMENTS, IF ANY:THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.
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