SCOPE OF THE INSPECTION: The real estate inspection to be performed for Cli- ent is a survey and basic operation of the systems and components of a building, which can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action, which may result in damage to the property or personal injury to the Inspector. The purpose of the inspection is to provide the Client with informa- tion regarding the general condition of the building(s). Inspector will prepare and provide Client a written report for the sole use and benefit of Client. The written report shall document any material defects discovered in the building’s systems and components which, in the opinion of the Inspector, are safety hazards, are not functioning properly, or appear to be at the ends of their service lives. The inspection shall be performed in accordance with the Standards of Practice of the California Real Estate Inspection Association (CREIA®), attached hereto and incorporated herein by reference, and is limited to those items specified herein.
CLIENT’S DUTY: Client agrees to read the entire written report when it is received and promptly call Inspector with any questions or concerns regarding the inspection or the written report. The written report shall be the final and exclusive findings of Inspector. Client acknowledges that Inspector is a generalist and that further investigation of a reported condition by an appropriate specialist may provide additional information which can affect Client’s purchase decision. Client agrees to obtain further evalua- tion of reported conditions before removing any investigation contingency and prior to the close of the transaction.
NON-WAIVER CLAUSE: The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time there- after, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ENVIRONMENTAL CONDITIONS: Client agrees what is being contracted for is a building inspection and not an environmental evaluation. The inspection is not intended to detect, identify, or disclose any health or environmental conditions re- garding this building or property, including, but not limited to: the presence of as- bestos, radon, lead, urea-formaldehyde, fungi, molds, mildew, feces, urine, vermin or pests, PCBs, “Chinese drywall” or other toxic, reactive, combustible, or corrosive contaminants, materials, or substances in the water, air, soil, or building materials. The Inspector is not liable for injury, health risks, or damage caused or contributed to by these conditions.
GENERAL PROVISIONS: The written report is not a substitute for any transfer- or’s or agent’s disclosure that may be required by law, or a substitute for Client’s independent duty to reasonably evaluate the property prior to the close of the trans- action. This inspection Agreement, the real estate inspection, and the written re- port do not constitute a home warranty, guarantee, or insurance policy of any kind whatsoever. No legal action or proceeding of any kind, including those sounding in tort or con- tract, can be commenced against Inspector/Inspection Company or its officers, agents, or employees more than one year from the date Client discovers, or through the exercise of reasonable diligence should have discovered, the cause of action. In no event shall the time for commencement of a legal action or proceeding exceed two years from the date of the subject inspection. THIS TIME PERIOD IS SHORT- ER THAN OTHERWISE PROVIDED BY LAW.
NOTICE AND WAIVER CLAUSE: Any claim arising out of or related to any act or omission of the Inspector in connection with the inspection of the property shall be made in writing and reported to the Inspector within fourteen (14) business days of discovery and to allow Inspector a reasonable opportunity to re-inspect the issue giving rise to the claim before undertaking any repairs. Client agrees that a failure to comply with the terms of this paragraph shall constitute a waiver of such claim. This Agreement constitutes the entire integrated agreement between the parties hereto pertaining to the subject matter hereof and may be modified only by a written agreement signed by all of the parties hereto. No oral agreements, understandings, or representations shall change, modify, or amend any part of this Agreement. Each party signing this Agreement warrants and represents that he/she has the full capacity and authority to execute this Agreement on behalf of the named party. If this Agreement is executed on behalf of Client by any third party, the person exe- cuting this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client’s behalf and to fully and completely bind Client to all of the terms, conditions, limitations, exceptions, and exclusions of this Agreement.
SEVERABILITY: Should any provision of this Agreement be held by a court of com- petent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the court’s holding.
NO RULE OF CONSTRUCTION: The parties acknowledge that each of them has had ample opportunity for their own counsel to participate in negotiating and drafting this Agreement. Therefore, no rule of construction shall apply to this Agreement that construes ambiguous or unclear language in favor of or against any party.
PRIOR REPORTS: The Client is required to inform the Inspector of any and all past and current known defects disclosed on the Transfer Disclosure Statement, or TDS, and/or past inspections performed, whether by a home inspector, Pest Control Com- pany, structural engineer or other entity. The Client is further required to inform the Inspector of the history of all known structural problems, regardless of repair and/or natural or manmade disasters occurring within the home (fire, flood, roof leaks, pipe bursts, etc.). Failure to disclose such information will indemnify and hold harmless the Inspector/Inspection Company from any further claims.
REPORT CHANGES: The inspector reserves the right to make changes, modify or amend this report for whatever reason within seventy two hours of delivering it to the client or make changes when additional documentation is received. Inspector will make every attempt to notify the client of these changes and provide you with an amended copy of the report.
LIMITATION OF LIABILITY: The Client agrees that total liability of the Inspector for any and all damages whatsoever arising out of or in any way related to this Agree- ment shall not exceed the fee paid to the Inspector hereunder.”
ARBITRATION: Any dispute concerning the interpretation or enforcement of this Agreement, the inspection, the inspection report, or any other dispute arising out of this relationship, shall be resolved between the parties by binding arbitration con- ducted in accordance with California Law and the Federal Arbitration Act, except that the parties shall select an arbitrator who is familiar with the real estate profession. The parties agree that they shall be entitled to discovery procedures within the dis- cretion of the arbitrator. The arbitrator shall manage and hear the case applying the laws of the State of California to all issues submitted in the arbitration proceeding. The award of the arbitrator shall be final, and a judgment may be entered on it by any court having jurisdiction. Any disputes are to be arbitrated by: Construction Dispute Resolution Services, LLC, Resolute Systems, or other comparable entity:
ATTORNEYS FEE CLAUSE: In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for reasonable attorneys fees and cost resulting therefrom.
CREIA STANDARDS OF PRACTICE
Table of Contents I. Definitions and Scope II. Standards of Practice 1. Foundation, Basement, and Under-floor Areas 2. Exterior 3. Roof Covering 4. Attic Areas and Roof Framing 5. Plumbing 6. Electrical 7. Heating and Cooling 8. Fireplaces and Chimneys 9. Building Interior III. Limitations, Exceptions and Exclusions IV. Glossary of Terms
I. Definitions and Scope These Standards of Practice provide guidelines for a real estate inspection and define certain terms relating to these inspections. Italicized words in these Standards are defined in Part IV. Glossary of Terms.
A. A real estate inspection is a survey and basic operation of the systems and components of a building, which can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action, which may result in damage to the property or personal injury to the Inspector. The purpose of the inspection is to provide the Client with information regarding the general condition of the building(s). Cosmetic and aesthetic conditions shall not be considered.
B. A real estate inspection report provides written documentation of material defects discovered in the inspected building’s systems and components which, in the opinion of the Inspector, are safety hazards, are not functioning properly, or appear to be at the ends of their service lives. The report may include the Inspector's recommendations for correction or further evaluation.
C. Inspections performed in accordance with these Standards of Practice are not technically exhaustive and shall apply to the primary building and its associated primary parking structure.
II. Standards of Practice A real estate inspection includes the readily accessible systems and components or a representative number of multiple similar components listed in Sections 1 through 9 subject to the limitations, exceptions, and exclusions in Part III.
1. FOUNDATION, BASEMENT, AND UNDER-FLOOR AREAS
A. Items to be inspected: 1. Foundation system 2. Floor framing system 3. Under-floor ventilation 4. Foundation anchoring and cripple wall bracing 5. Wood separation from soil 6. Insulation
B. The inspector is not required to: 1. Determine size, spacing, location, or adequacy of foundation bolting/bracing components or reinforcing systems 2. Determine the composition or energy rating of insulation materials
2. EXTERIOR
A. Items to be inspected: 1. Surface grade directly adjacent to the buildings 2. Doors and windows 3. Attached decks, porches, patios, balconies, stairways, and their enclosures, handrails and guardrails. 4. Wall cladding and trim 5. Portions of walkways and driveways that are adjacent to the buildings 6. Pool or spa drowning prevention features, for the sole purpose of identifying which, if any, are present
B. The inspector is not required to: 1. Inspect door or window screens, shutters, awnings, or security bars 2. Inspect fences or gates or operate automated door or gate openers or their safety devices 3. Use a ladder to inspect systems or components 4. Determine if any manufacturers' design standards or testing is met or if any drowning prevention safety feature of a pool or spa is installed properly or is adequate or effective. Test or operate any drowning prevention safety feature.
3. ROOF COVERING
A. Items to be inspected: 1. Covering 2. Drainage 3. Flashings 4. Penetrations 5. Skylights
B. The inspector is not required to: 1. Walk on the roof surface if in the opinion of the Inspector there is risk of damage or a hazard to the Inspector 2. Warrant or certify that roof systems, coverings, or components are free from leakage
4. ATTIC AREAS AND ROOF FRAMING
A. Items to be inspected: 1. Framing 2. Ventilation 3. Insulation B. The inspector is not required to: 1. Inspect mechanical attic ventilation systems or components 2. Determine the composition or energy rating of insulation materials
5. PLUMBING
A. Items to be inspected: 1. Water supply piping 2. Drain, waste, and vent piping 3. Faucets and fixtures 4. Fuel gas piping 5. Water heaters 6. Functional flow and functional drainage
B. The inspector is not required to: 1. Fill any fixture with water, inspect overflow drains or drain-stops, or evaluate backflow devices, waste ejectors, sump pumps, or drain line cleanouts 2. Inspect or evaluate water temperature balancing devices, temperature fluctuation, time to obtain hot water, water circulation, or solar heating systems or components 3. Inspect whirlpool baths, steam showers, or sauna systems or components 4. Inspect fuel tanks or determine if the fuel gas system is free of leaks 5. Inspect wells or water treatment systems
6. ELECTRICAL
A. Items to be inspected: 1. Service equipment 2. Electrical panels 3. Circuit wiring 4. Switches, receptacles, outlets, and lighting fixtures
B. The inspector is not required to: 1. Operate circuit breakers or circuit interrupters 2. Remove cover plates 3. Inspect de-icing systems or components 4. Inspect private or emergency electrical supply systems or components
7. HEATING AND COOLING
A. Items to be inspected: 1. Heating equipment 2. Central cooling equipment 3. Energy source and connections 4. Combustion air and exhaust vent systems 5. Condensate drainage 6. Conditioned air distribution systems
B. The inspector is not required to: 1. Inspect heat exchangers or electric heating elements 2. Inspect non-central air conditioning units or evaporative coolers 3. Inspect radiant, solar, hydronic, or geothermal systems or components 4. Determine volume, uniformity, temperature, airflow, balance, or leakage of any air distribution system 5. Inspect electronic air filtering or humidity control systems or components
8. FIREPLACES AND CHIMNEYS
A. Items to be inspected: 1. Chimney exterior 2. Spark arrestor 3. Firebox 4. Damper 5. Hearth extension
B. The inspector is not required to: 1. Inspect chimney interiors 2. Inspect fireplace inserts, seals, or gaskets 3. Operate any fireplace or determine if a fireplace can be safely used
9. BUILDING INTERIOR
A. Items to be inspected: 1. Walls, ceilings, and floors 2. Doors and windows 3. Stairways, handrails, and guardrails 4. Permanently installed cabinets 5. Permanently installed cook-tops, mechanical range vents, ovens, dishwashers, and food waste disposals 6. Absence of smoke and carbon monoxide alarms 7. Vehicle doors and openers
B. The inspector is not required to: 1. Inspect window, door, or floor coverings 2. Determine whether a building is secure from unauthorized entry 3. Operate, test or determine the type of smoke or carbon monoxide alarms or test vehicle door safety devices 4. Use a ladder to inspect systems or components
III. Limitations, Exceptions and Exclusions
A. The following are excluded from a real estate inspection: 1. Systems or components of a building, or portions thereof, which are not readily accessible, not permanently installed, or not inspected due to circumstances beyond the control of the Inspector or which the Client has agreed or specified are not to be inspected 2. Site improvements or amenities, including, but not limited to; accessory buildings, fences, planters, landscaping, irrigation, swimming pools, spas, ponds, waterfalls, fountains or their components or accessories 3. Auxiliary features of appliances beyond the appliance’s basic function 4. Systems or components, or portions thereof, which are under ground, under water, or where the Inspector must come into contact with water 5. Common areas as defined in California Civil Code section 1351, et seq., and any dwelling unit systems or components located in common areas 6. Determining compliance with manufacturers’ installation guidelines or specifications, building codes, accessibility standards, conservation or energy standards, regulations, ordinances, covenants, or other restrictions 7. Determining adequacy, efficiency, suitability, quality, age, or remaining life of any building, system, or component, or marketability or advisability of purchase 8. Structural, architectural, geological, environmental, hydrological, land surveying, or soilsrelated examinations 9. Acoustical or other nuisance characteristics of any system or component of a building, complex, adjoining property, or neighborhood 10. Conditions related to animals, insects, or other organisms, including fungus and mold, and any hazardous, illegal, or controlled substance, or the damage or health risks arising there from 11. Risks associated with events or conditions of nature including, but not limited to; geological, seismic, wildfire, and flood 12. Water testing any building, system, or component or determine leakage in shower pans, pools, spas, or any body of water 13. Determining the integrity of hermetic seals at multi-pane glazing 14. Differentiating between original construction or subsequent additions or modifications 15. Reviewing information from any third-party, including but not limited to; product defects, recalls, or similar notices 16. Specifying repairs/replacement procedures or estimating cost to correct 17. Communication, computer, security, or low-voltage systems and remote, timer, sensor, or similarly controlled systems or components 18. Fire extinguishing and suppression systems and components or determining fire resistive qualities of materials or assemblies 19. Elevators, lifts, and dumbwaiters 20. Lighting pilot lights or activating or operating any system, component, or appliance that is shut down, unsafe to operate, or does not respond to normal user controls 21. Operating shutoff valves or shutting down any system or component 22. Dismantling any system, structure, or component or removing access panels other than those provided for homeowner maintenance
B. The Inspector may, at his or her discretion: 1. Inspect any building, system, component, appliance, or improvement not included or otherwise excluded by these Standards of Practice. Any such inspection shall comply with all other provisions of these Standards. 2. Include photographs in the written report or take photographs for Inspector’s reference without inclusion in the written report. Photographs may not be used in lieu of written documentation.
IV - Glossary of Terms
• Appliance: An item such as an oven, dishwasher, heater, etc. which performs a specific function • Building: The subject of the inspection and its primary parking structure • Component: A part of a system, appliance, fixture, or device • Condition: Conspicuous state of being • Determine: Arrive at an opinion or conclusion pursuant to a real estate inspection • Device: A component designed to perform a particular task or function • Fixture: A plumbing or electrical component with a fixed position and function • Function: The normal and characteristic purpose or action of a system, component, or device • Functional Drainage: The ability to empty a plumbing fixture in a reasonable time • Functional Flow: The flow of the water supply at the highest and farthest fixture from the building supply shutoff valve when another fixture is used simultaneously • Inspect: Refer to Part I, “Definition and Scope”, Paragraph A • Inspector: One who performs a real estate inspection • Normal User Control: Switch or other device that activates a system or component and is provided for use by an occupant of a building • Operate: Cause a system, appliance, fixture, or device to function using normal user controls • Permanently Installed: Fixed in place, e.g. screwed, bolted, nailed, or glued • Primary Building: A building that an Inspector has agreed to inspect • Primary Parking Structure: A building for the purpose of vehicle storage associated with the primary building • Readily Accessible: Can be reached, entered, or viewed without difficulty, moving obstructions, or requiring any action which may harm persons or property • Real Estate Inspection: Refer to Part I, “Definitions and Scope”, Paragraph A • Representative Number: Example, an average of one component per area for multiple similar components such as windows, doors, and electrical outlets • Safety Hazard: A condition that could result in significant physical injury • Shut Down: Disconnected or turned off in a way so as not to respond to normal user controls • System: An assemblage of various components designed to function as a whole • Technically Exhaustive: Examination beyond the scope of a real estate inspection, which may require disassembly, specialized knowledge, special equipment, measuring, calculating, quantifying, testing, exploratory probing, research, or analysis
Inspection fee is payable PRIOR to report delivery. If you will not be present at the inspection, mail checks to:
Healthy Home Inspections 6333 Pacific Avenue #383 Stockton, CA 95207
or call us to make other payment arrangements.
