A Sound Home Inspection, LLC

A SOUND HOME INSPECTION, LLC PRE-INSPECTION AGREEMENT

CLIENT has been offered this pre-inspection contract in advance. CLIENT has been advised that the inspection will not begin until CLIENT agrees to all terms of this agreement, and pays the inspection fee. This inspection is subject to NYS, Dept. of State regulations and the inspection will meet the guidelines set forth by the NYS Adopted Standard of Practice and Code of Ethics as of the inspection date.

A Sound Home Inspection LLC and KEVIN P ETHERSON SR shall be referred to herein as "INSPECTOR"
{{Client Name}} shall be referred to herein as "CLIENT"
Signed on{{Date}} by INSPECTOR & CLIENT (listed above) referred to herein as "the parties"

The Parties (A SOUND HOME INSPECTION INSPECTOR & CLIENT) understand and voluntarily agree to all aspects of this contract as follows
1 INSPECTOR agrees to perform a visual inspection of the home/building and to provide CLIENT with a written report identifying the defects that INSPECTOR both observed and deemed material. INSPECTOR may offer comments as a courtesy, but these comments will not comprise the bargained- for report. The report is only supplementary to the seller’s Property Disclosure Statement.
2 Unless otherwise inconsistent with this Agreement or not possible, INSPECTOR agrees to perform the inspection in accordance with the current Standards of Practice and Code of Ethics of NEW YORK STATE.
CLIENT understands that these standards contain limitations, exceptions, and exclusions. Unless otherwise indicated below.
CLIENT understands that INSPECTOR will NOT be testing for the presence of radon.
CLIENT understands that INSPECTOR will NOT be testing for mold.
CLIENT understands that INSPECTOR will NOT inspect Log homes due to unique characteristics & structural complexity.
CLIENT understands that INSPECTOR will NOT test for compliance with applicable building codes or for the presence of potential dangers arising from asbestos, lead paint, formaldehyde, molds, soil contamination, and other environmental hazards or violations
3 The inspection and report are for the use of CLIENT only. INSPECTOR shall be the sole owner of the report and all rights to it. INSPECTOR accepts no responsibility 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 INSPECTOR (including employees and business entities) from any liability whatsoever. Any third parties who rely on the report in any way also agree to all provisions in this Agreement. INSPECTOR’S inspection of the property and the 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. All warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent allowed by law.
4 INSPECTOR assumes no liability for the cost of repair or replacement of unreported defects or deficiencies either current or arising in the future. CLIENT acknowledges that the liability of INSPECTOR, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the INSPECTOR’S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR, and this liability shall be exclusive. CLIENT waives any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home/building even if the CLIENT has been advised of the possibility of such damages. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the INSPECTOR and CLIENT; and (iii) to enable the INSPECTOR to perform the inspection at the stated fee. The fee charged is a reduced fee, and requires acceptance of the above provisions and all provisions listed herein.
5 INSPECTOR does not perform engineering, architectural, plumbing, or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, other than a valid license as a NYS Licensed Home Inspector.
6 In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) written notification of adverse conditions within 14 days of discovery; and (2) access to the premises. Failure to comply with the above conditions will release INSPECTOR and its agents from any and all obligations or liability of any kind. The CLIENT understands and agrees that the limitation of liability shall be equal to the fee paid to the INSPECTOR.
7 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 (Nassau County). CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims. Client waives a trial by jury. INSPECTOR agrees to comply with NYS regulations.
8 If any court declares any provision of this Agreement invalid, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
9 Payment of the fee to INSPECTOR is due prior to the start of the on-site inspection. The CLIENT agrees to pay all legal and time expenses incurred in collecting payments, including attorney’s fees, if any.
10 If CLIENT requests a re-inspection, the re-inspection is also subject to all the terms and conditions set forth in this agreement. A new inspection contact must be signed for a fee, agreed to and paid for prior to the re-inspection.
11 This Agreement is not transferable or assignable.
12 Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly 
construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party
NEW YORK STATE MANDATORY DISCLOSURE: Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services.”; and
“If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.”

NEW YORK STATE, STANDARDS OF PRACTICE AND CODE OF ETHICS
MINIMUM REQUIRMENTS FOR HOME INSPECTORS
A Home inspectors shall observe and report on readily accessible, visually observable installed systems and components as set forth in these Standards of Practice.
B Home Inspectors shall report on those systems and components observed that, in the professional opinion of the Home Inspector, are deficient, not functioning properly and/or are unsafe.
C If a Home Inspector has not observed a particular system or major component, he or she shall list said item in the inspection report as an item that was not observed and shall set forth the reasons why said item was not observed.
D The INSPECTOR shall issue a copy of the Standards of Practice and Code of Ethics and comply with same as per New York State Regulations. The Code of Ethics and Standard of Practice set forth what the INSPECTOR may perform, and what the INSPECTOR is not required to perform as per NYS Regulations
E CLIENT and INSPECTOR agree the INSPECTOR will comply with the NYS Code of Ethics and Standard of Practice. CLIENT agrees that INSPECTOR is not responsible for items not required or identified in the NYS Standard of Practice. A copy of the Code of Ethics and Standard of Practice will be attached to the completed report. Client agrees to all aspects of the NYS Code of Ethics and Standard of Practice.
F DELIVERY OF COMPLETED INSPECTION REPORT: INSPECTOR shall deliver the report, via United States Postal Office Overnight Mail with in 5 days of the inspection date as set forth by NYS Licensing Law. Signed, completed report shall be overnight mailed to the CLIENT’S address listed on page 1 of this INSPECTION REPORT. The report will include a copy of the NYS Code of Ethics and NYS Standard of Practice. All Parties (INSPECTOR & CLIENT) agree to be bound by all NYS Regulations. A copy of this contract will also be attached to the finished Home Inspection Report presented to the CLIENT.
CLIENTS MADE NO SPECIAL REQUESTS IN CONJUNCTION WITH THIS INSPECTION
NO ANCILLARY ITEMS
DATE INSPECTION BEGAN AM PM
INSPECTION ENDED AM PM
AGREED TO BY CLIENT - SIGNED
PRINT NAME
DATED

AGREED TO BY INSPECTOR - SIGNED
DATED Kevin P Etherson Sr
NEW YORK STATE LICENSED INSPECTOR – LICENSE # 16000057832
EXPIRES ON* DATE 7/21/2015
*Inspector renews License every 2 years after taking NYS mandated Continuing Education and paying renewal fee
INSPECTOR also has General Liability Insurance, which is on file with NYS as mandated by NYS Licensing Law

INSPECTOR will deliver your report within 5 days as set forth by NYS Regulations as follows Overnight mail USPS

©Bill C. Merrell, Ph.D. –Merrell Institute

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