FOOTPRINTS Property Inspections

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me

(Revdex.com copied from original documentSee attached files for full response.)March 11, Revdex.com c/o *** *** *** *** *** *** *** *** *** Re: Complaint ID *** Dear Ms***: I am emailing you as well as mailing the hard copy
of this response as the letter was dated March 2, and received on March 8, 2018. According to the letter I only have ten days to respond. The complaint indicated that we stated there was “No Suspected Asbestos”. As per the contract the homebuyer signed, the first line in the second paragraph clearly states we do not inspect for asbestos. The only place we look for possible suspected asbestos is around the furnace(See page of the inspection report.) That is only if there is evidence of a visible substance that may indicate the presence of asbestos. As the homebuyer has made a claim, I am attaching both the contract signed and the home inspection report for your review. The mention of asbestos or lack of evidence was clearly in the HVAC section of the report Further my inspections follow the “Standards of Practice-Professional Home Inspections” copyright by the American Society of Home Inspectors, Inc (ASHI) The buyback guaranty that was addressed, was initialed on the contract but never paid for. In addition, the guaranty is only valid for days after closing and only covers items that were negligently missed. As asbestos is not inspected for, this would not have been covered I would also like to note, the homeowner only contacted me on this matter on February 27, at 5:26pm via email. They indicated they talked to me on February 26, 2018, which was incorrect. The homeowner never contacted me via phone. I was working on a response to him when I received this letter Let me know if you need further information. Respectfully, Dave M*** Footprints Property Inspections, LLC--------------------------------- Steve Michalak - Lownsdale Ave, Akron, OH 44313General Home Inspection 1433Total Fee $INSPECTION: The term inspection, as used in this Agreement, shall mean a limited and primarily visual inspection of the readily accessible areas of the propertyThe standards of conduct of the inspection are governed by "Standards of Practice-Professional Home Inspections" copyright by the American Society of Home Inspectors, Inc., whose terms are incorporated herein by referenceA copy of the standards of practice will be made available upon requestClient understands and agrees that the inspection is Footprints Property Inspections, LLC good faith opinion of the condition of the major systems of the property at the time of the inspection and is not a code inspection or engineering, architectural, plumbing evaluation or any other job function requiring an occupational license.The term "Inspection" DOES NOT include all items and specific items which are not part of the inspection include, but are not limited to: Lead paint, asbestos, radon, toxic or flammable materials, refrigerators, freezers, remote overhead door transmitters/receivers, floor coverings, wall coverings, free-standing kitchen appliances, laundry appliances, water conditioners, swimming pools, spas, tennis courts, playground equipment, or other recreation or leisure appliances, and self cleaning or continuous-cleaning capabilities of ovensAlso excluded is an inspection for any wood destroying organisms or insects and non-wood infesting insects, such as fleas, cockroaches, bees, mites ticks, flies, etcA separate wood infestation inspection report, radon sampling or water sampling or other inspections may be performed if contracted forWRITTEN INSPECTION REPORT: A written report of the inspection shall be furnished to the Client by Footprints Property Inspections, LLC within a reasonable time after completion of the inspection, and Client acknowledges that such a report is in no way a written warranty or guarantee of the condition of the Property, but only a summation of observations made by the inspector, based on the age of the components and wear and tearAny conditions requiring repair, replacement, or servicing should be evaluated by professionals in appropriate trades before closingDISCLAIMER OF WARRANTY: It is understood and agreed by the parties that Footprints Property Inspections, LLC is not an insurer and does not insure against defects in the property inspectedFootprints Property Inspections, LLC makes no guarantee or warranty, expressed or implied, including warranty of merchantability or fitness of use as to the condition of the property inspectedLIQUIDATED DAMAGES: It is understood and agreed by the parties that it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from the failure on the part of Footprints Property Inspections, LLC to perform any of its obligations hereunderThe Client does not desire this contract to provide for full liability of Footprints Property Inspections, LLC and agrees that Footprints Property Inspections, LLC shall be exempt from liability or loss, damage or injury due directly or indirectly from any defects in the property inspected or for the services performed hereunder, but that if Footprints Property Inspections, LLC should be found liable for any such loss, damage, or injury, Footprints Property Inspections, LLC liability shall be limited to a sum equal to the amount of the fee paid for the inspection, as stated above, as the agreed upon liquidated damages and not as a penaltySuch damages shall be Client's exclusive remedy in the event of an alleged breach of the Agreement by Footprints Property Inspections, LLC, it agents or employeesSTATUE OF LIMITATIONS: No suit or action shall be brought against Footprints Property Inspections, LLC by Client for a breach of this Agreement at any time beyond one (1) year after the accrual of the cause of action thereofINDEMNITY: In the event any person, not a party to this agreement, shall make a claim or file any lawsuit against Footprints Property Inspections, LLC for failure of its services hereunder in any respectClient agrees to indemnify, defend, and hold Footprints Property Inspections, LLC harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorney feesENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Client and Footprints Property Inspections, LLCAny amendment or modification of this Agreement shall be in writing and shall be signed by all of the parties hereto, or their successors in interestAny additional inspections are to be performed subject to the terms and conditions of this Agreement, except for fees charged for such additional inspectionsLITIGATION: 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 Footprints Property Inspections, LLC has its principal place of businessIn the event that Client fails to prove any claims against Footprints Property Inspections, LLC in a court of law, Client agrees to pay all damages, expenses, costs and attorney fees of Footprints Property Inspections, LLC in defending said claims. ARBITRATION: The parties agree to arbitrate any claim which may arise out of the performance of this agreement in accordance with the construction industry arbitration rules of the American Arbitration AssociationA written demand for arbitration shall be filed with the American Arbitration Association and the other partyAny such claim shall be waived unless the demand for arbitration shall be made within two (2) years from the inspection dateRIGHT OF REINSPECTION: If a component of the property, appliance, or piece of mechanical equipment inspected and reported by Footprints Property Inspections, LLC is discovered as requiring a repair or replacement which differ from that stated in Footprints Property Inspections, LLC report, the Client will inform Footprints Property Inspections, LLC and allow Footprints Property Inspections, LLC to re-inspect the item before the client repairs or replaces the itemsIf the client does repair or replace the item before Footprints Property Inspections, LLC has the opportunity to re-inspect such item, client waives any and all actions against Footprints Property Inspections, LLC for failure to adequately inspect such item.Executed as of the date signed below, Client's signature(s) below acknowledges that Client has read the foregoing agreement and understands its terms and conditionsIf client authorizes another individual to represent his interest in the services being requested of Footprints Property Inspections, LLC, Client agrees to be bound by all the terms of this Agreement as signified by the signature of his/her representative

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.