Originally Posted By: jfarsetta
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I agree with Igor. The inspection agreement must have a section dealing with problem resolution.
As to the sewage back-up, this is really interesting. For instance, if there were a septic tank and you weren't asked to inspect it, would you be responsible for a back-up? How about if there were also a well present, and the septic had contaminated the well. Would you be responsible for that, if you didn't perform a water quality test that included fecal coliform?
If you ran the sinks, filled the tubs, ran the showers, and flushed the toulets, and saw nothing flosating in the basement, I can't see how you are responsible.
As to the sewer line, my Agreement contains the following verbiage:
"Systems, items, and conditions excluded from the scope of the Inspection include, but are not limited to (unless specifically identified in Paragraph 1): underground utilities, playground equipment, fuel tanks, underground items, wells / springs, cosmetic items, drain fields, cesspools, molds and fungi, security systems, septic systems, personal property, sprinkler systems, pools, elevators, central vacuum, defects unobserved..." (continues)
It also contains this: " The Inspector will perform a limited visual inspection and prepare a written report of the apparent condition of the readily accessible installed systems and components of the property existing at the time of the inspection. Latent and concealed defects and deficiencies are excluded from the inspection. The Inspection and report is not a compliance inspection or certification for past or present governmental codes or regulations of any kind. The inspection and report is an opinion of the condition of the listed items at the time on the inspection, and does not warrant any future useful life."
I think that sums it up. Of course, I can still be sued. But, just maybe these disclaimers will help save my butt...
And, finally, some verbiage as to recourse of repairs or claims or blah, blah, blah...
Here goes: "The parties understand and agree that the Inspector and its employees and agents assume no liability or responsibility for costs associated with the repair or replacement of any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. In the event of a claim against Inspector, Client agrees to supply Inspector with the following: (1) Written notification of adverse condition within 14 days of discovery, (2) access to the premises, and (3) the right to select a contractor to perform any work. Failure to comply with these requirements shall release Inspector, its employees, and agents from any and all obligations. Client further agrees and understands that in no instance, shall the Inspector be liable for any costs beyond the cost of the actual inspection. In the event that Client brings action against Inspector in a court of law, and fails to prove his/her case, Client agrees to pay all legal expenses of Inspector in defending said claims"
What a friggin' mouthful.