A home inspection is a professional evaluation of a property’s condition. It helps identify any existing issues or potential problems with the home’s major systems and structures, such as:
- Roofing
- Foundation
- Plumbing
- Electrical systems
- HVAC (Heating, Ventilation, and Air Conditioning)
Informing Buyers
The inspection provides buyers with crucial information about the home. This knowledge allows them to make informed decisions regarding their purchase. It can reveal:
- Safety hazards
- Structural deficiencies
- Necessary repairs
Negotiation Tool
Home inspections can serve as a negotiation tool. If significant issues are found, buyers may request repairs or a reduction in the sale price. This can lead to better terms for the buyer.
Planning for Future Costs
The inspection report can help buyers plan for future maintenance and repair costs. Understanding the condition of various systems allows homeowners to budget for necessary updates or replacements.
Peace of Mind
Ultimately, a home inspection offers peace of mind. It ensures that buyers are aware of what they are investing in, reducing the risk of unexpected expenses after the purchase.
Home Inspections are not considered Insurance Policies or Warranties
- Not a Warranty: The report itself is not a promise (warranty or guarantee) that the structure or its components will be adequate or perform well in the future.
- No Implied Guarantee: By accepting the report, you waive any claim that the report constitutes an “express or implied warranty of merchantability or fitness for use.” Essentially, the inspector is not promising the house is fit for sale or use.
- Home Warranties are Separate: It explicitly directs the client to purchase a separate home warranty from an insuring firm if they want coverage against future mechanical failures.
- Estimates are Not Facts: Any estimates on the “expected life” or “adequacy” of components (like an HVAC system or roof) are based on general knowledge of similar systems. These are opinions, not confirmed facts, and the actual performance may vary widely.
A Home is visual and Non-Destructive Inspection
1. Visual and Non-Invasive Only
The report is strictly based on a visual inspection. This is the most crucial part. The inspector only reports on things that can be seen.
- No Dismantling: They won’t take apart walls, remove panels, or damage any part of the structure to look inside.
- No Moving Furnishings: Inspectors won’t move heavy furniture, stored items, or carpets to view the areas underneath or behind them. If a defect is hidden by a couch, they won’t find it.
- Concealed Areas Excluded: If something is hidden, concealed, or inaccessible (like the inside of a wall, foundation below ground, or attic space blocked by insulation), it’s not covered by the inspection.
2. Destructive Testing is Avoided
The inspector follows non-destructive testing procedures. They will skip tests that carry a risk of damaging the property, even if the system might be faulty.
- Example: The explicit example given is overflow drains on bathtubs. Testing these runs the risk of water leaking and damaging the ceiling or walls below if the seal is broken. To avoid this potential damage, the test is generally skipped.
The “Code Compliance” Disclaimer
1. The Fundamental Difference
The inspector is drawing a sharp line between a standard general home inspection and a code compliance inspection:
- General Home Inspection: Based on a visual view of a finished home.
- Code Compliance Inspection (Municipal): Occurs during construction when framing is open (i.e., walls are exposed), allowing a full view of structural and system components.
Because the inspector of a finished home cannot see inside the walls, they cannot verify if the construction meets modern or historical codes.
2. The Fluid Nature of Codes
It explains why continuous compliance is nearly impossible for any existing home:
- Codes Change Constantly: Building codes (national and municipal) are updated at least every three years.
- Homes Fall Out of Compliance: A house built 20 years ago was compliant then, but it is not expected to meet today’s newest codes. There is generally no requirement to bring older homes up to current codes unless major renovations are done.
3. Client Responsibility
The disclaimer concludes by telling the client that if they need to check for code compliance, they must schedule a separate code-compliance inspection with their municipality (or a specialized third-party service).
Summary of Scope and New Hazard Disclosure
1. Reiteration of Scope (The General Home Inspection)
This part functions as a summary of the scope limitations already discussed:
- Limited & Non-Invasive: The inspection is only a “limited, non-invasive examination” of what is readily accessible and visible.
- No Moving/Dismantling: The inspector will not move furniture, appliances, or dismantle components to expose concealed or inaccessible conditions.
- Legal Compliance Note: It cites the relevant legal standard (New Jersey Administrative Code 13:40-15.16 and mentions that the state’s Standards of Practice are noted elsewhere, adding legal weight to the limitations.
2. Lead Paint Warning (New Critical Disclosure)
This is the most important new element, introducing a specific environmental hazard:
- 1978 Threshold: It specifically warns that houses built prior to 1978 have the potential to contain lead paint.
- Testing is Not Part of the Scope: Crucially, it states that the inspector cannot evaluate the actual lead content; special, separate testing by a licensed specialist is required.
- Recommendation: It strongly recommends getting the home tested for lead paint PRIOR to closing if the house was built before 1978.
3. Professional Repair Recommendation
Finally, it provides a general instruction for follow-up actions:
- Qualified Professionals Only: Any suggested evaluation, repair, or replacement mentioned in the report must always be performed by a qualified professional or specialty tradesman. This ensures the homeowner doesn’t attempt complex repairs themselves and again shifts responsibility for the quality of the repair away from the inspector.
- Final Reminder: The section concludes by reminding the client that anything not found in the report was beyond the scope of the inspection and urging them to read the entire report.
Condo/Townhouse Disclaimer (Ownership and Scope)
1. Partial Inspection Based on Ownership
The core principle here is that the inspection is partial and limited only to the components the individual buyer/homeowner is legally responsible for.
- Excluded Areas (Usually Association Responsibility): The inspection typically excludes common areas like:
- Exterior components of the property (roof, siding, structure).
- Crawlspaces.
- Attics.
- All components contained within these areas.
2. Buyer’s Responsibility to Define Scope
This is the most crucial takeaway for the client: It is the buyer’s duty to know what they own.
- The buyer must determine if any of these excluded areas are actually their responsibility (e.g., specific HOA bylaws might make the buyer responsible for the exterior windows or a portion of the roof).
- If the buyer is responsible for an excluded area, they must notify the inspector to have it added to the scope, which will incur an additional charge.
3. Duplex/Multi-Unit Limitation
It notes specific physical constraints, such as being unable to inspect the attic space if the buyer is only purchasing a lower duplex unit (and vice versa).
4. Liability Shield for Common Areas
The inspector completely disclaims liability for any uninspected areas that are the association’s responsibility. If they do inspect an association-owned area (for informational purposes), they state they assume no liability for its condition.
This disclaimer ensures the inspector is not held responsible for the condition of the shared components or the overall structure, which are governed by the condo or homeowner association (HOA).
Home Disclaimer
1. Home Orientation and Report Purpose Reiteration
- Orientation Standard: All directions (North, South, etc.) are referenced as if you are viewing the home from the street side.
- Final Purpose Summary: It confirms the report is only a “general guide” based on personal opinions and visual impressions. It is not a valuation of the premises and does not imply that every component was inspected or that every defect was found.
2. Major Exclusion of Environmental Hazards and Specialty Systems
This section contains a long list of systems and hazards that are explicitly outside the scope of a general home inspection:
- Allergens: The report does not confirm the presence of any allergens (like mold, pollen, dander). Testing requires a separate specialist inspection.
- Environmental/Toxic Hazards: This includes, but is not limited to, formaldehyde, lead paint, asbestos, toxic or flammable materials, and other environmental hazards.
- Other Excluded Systems: Pest infestation, water quality/quantity (wells), security systems, intercoms, low-voltage wiring, zoning ordinances, and the efficiency of HVAC or insulation.
Any general comments about these excluded items are for informational purposes only and do not represent an inspection finding.
3. Inspector Integrity (Certification)
The inspector certifies that they have no financial interest in the property and receive no benefits or kickbacks from any tradespeople they might recommend, ensuring the advice is impartial.
4. Mandatory Dispute Resolution (Arbitration)
This is a major legal clause:
- Binding Arbitration: Any disagreement or dispute must be resolved through binding, non-appealable arbitration via the American Arbitration Association (AAA). This means you waive the right to sue the inspector in court.
- The Inspection Claim Rule: If you have a claim, you must allow the Inspection Company to re-inspect the claim before any repairs are made. You agree not to disturb, repair, or have repaired anything that relates to the complaint, except in the case of a verifiable emergency. This is to ensure the original evidence is preserved.
5. Fire/CO Detector Functionality
The inspection does not include confirmation of the functionality or proper placement of smoke, fire, or carbon monoxide detectors. The client is explicitly told to verify operation and change batteries upon taking occupancy.
6. Personal Safety Hazard Refusal (Crucial Limitation)
The final section gives the inspector the sole discretion to refuse entry to any area that, in their opinion, poses a personal safety hazard. This directly explains why an area might be marked “Not Inspected” in the report.
Conditions that justify refusing entry include:
- Less than 36 inches of headroom.
- Lack of unimpeded access (blocked by debris or stored items).
- Unsafe structural or electrical conditions.
- Suspected biological or chemical contamination.
- The presence of pests (insects, reptiles, mammals).
This entire block serves as the final, comprehensive set of rules and limitations that define the boundaries of the service being provided.
