■ A Home Inspection was conducted and a Radon Test was performed at the above mentioned residence, as ordered by the members on September 9, 2009. No other inspections were ordered by them. The clients were present for the Home Inspection. The buyer’s Real Estate Agent, Michele Morris, arrived at the Home Inspection at the end of the inspection. A written report was prepared and provided to them, and their Realtor, the same day as the inspection. The Radon Test results were e-mailed to the the members on September 11, 2009. ■ On November 3, 2009, I received a phone call from Peg Meyer, head of the Concierge Department for Coldwell Banker Honig-Bell. This is the Real Estate Company that Michele Morris, the buyer’s agent, has her Real Estate license with. I was informed by Peg Meyer that a complaint had been filed against 1st Choice Home Inspections, LLC regarding a mold condition in the member's new home that supposedly 1st Choice Home Inspections, LLC had missed during the home inspection. This was the first contact with 1st Choice Home Inspections, LLC by anyone involved in the Real Estate transaction since the date of the home inspection on September 9, 2009. In my conversation with Peg Meyer in the late afternoon of November 3, 2009, I instructed Miss. Meyer to pass on my cell phone number to the members and Michele Morris and have them contact me to discuss their concern. I was contacted by the wife on November 4, 2009 and I immediately set up a meeting to meet with them at their home on November 5, 2009 at 4:30 pm to discuss their concerns and findings. November 4, 2009 was the first time I had heard from them since the original date of the inspection on September 9, 2009. I was provided several pictures of the rear walls in the look-out portion of the basement. These pictures depicted installation of the insulation in the upper portion of the framed look-out walls. These walls were also covered with visqueen. The lower portion of the foundation walls were painted. This concealed area was present at the time of the home inspection. I was also informed by the members that a walk-thru inspection, prior to closing, was conducted on October 9, 2009, followed by the actual closing on the same day. They indicated to me at our meeting on November 5, 2009 that on the day of the walk-thru and closing, they were not aware of any potential problem. Their concern about a potential mold problem did not surface until after they moved into the home. They informed me at our meeting on November 5, 2009 that they hired a mold remediation company to come to their home and provide a mold inspection. This company removed the insulation and visqueen from the look-out basement walls, conducted mold sampling of the suspect areas, and sent these samples to a lab for analysis. The results of this sampling indicated active mold growth. The members informed me the remediation company provided a proposal for remediation and re mediated the affected areas on Monday, October 2, 2009. They indicated to me that post remedial sampling of the treated area had not yet been conducted. I was informed that the remediation company inspected the attic but had not done any sampling in this area. ■ It is important that everyone understands the scope and limitations of a Home Inspection. As part of our Standard Operating Procedure and Illinois Home Inspectors License Law, we provide a written report to the client at the time of the inspection, which also includes an Inspection Agreement which has to be signed by the client and the Home Inspector. This signed agreement is in the member's bound copy of the inspection report, which was signed by the husband. I also have a copy of this report and signed agreement, which I have to keep as required by Illinois License Law. ■ NOTE: The following paragraphs of the inspection agreement are noted below: ▪ Paragraph 2: The Inspector will perform a 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. ▪ Paragraph 4: The parties understand and agree that the Inspector and its employees and its agents assume no liability or responsibility for the costs of repairing or replacing any unreported defects or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. If repairs or replacement is done without giving the Inspector the required notice, the Inspector will have no liability to the Client. The client further agrees that the Inspector is liable only up to the cost of the inspection. ▪ Paragraph 5: The parties agree and understand the Inspector is not an insurer or guarantor against defects in the structure, items, components or systems inspected. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM. ▪ Paragraph 8: Systems, items, and conditions which are not within the scope of the building inspection include, but are not limited to: radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, fungi, other environmental hazards; pest infestations; security and fire protection systems; household appliances, humidifiers, paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreational equipment or facilities; underground storage tanks, energy efficiency measurements; concealed or private secured systems; water wells; heating systems accessories; solar heating systems; heat exchangers; sprinkling systems; water softener; central vacuum systems, telephone, intercom or cable TV systems; antennae, lightning arrestors, trees or plants, governing codes, ordinances, statutes and covenants and manufacturer specifications, recalls, EIFS. Client understands that these systems, items and conditions are accepted from this inspection. Any general comments about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection. ▪ Paragraph 9: The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this Agreement, makes any claim against Inspector, its employees or agents, arising out of the services performed by Inspector under this Agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and attorney fees arising from such a claim. ▪ Paragraph 11: In the event of a claim by the Client that an installed system or component of the premises which was inspected by the Inspector was not in the condition reported by the Inspector, the Client agrees to notify the Inspector at least seventy-two (72) hours prior to repairing or replacing such system or component. The Client further agrees that the Inspector is liable only if there has been a complete failure to follow the standards adhered to in the report or State law. Furthermore, any legal action must be brought within two (2) years from the date of the inspection, or will be deemed waived and forever barred. CONCLUSION 1st Choice Home Inspections, LLC did perform a visual inspection at the above mentioned address on September 9, 2009 and did provide a written report of the apparent condition of the readily 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. A Radon Test was also provided which is a separate inspection. No other inspections were ordered by the members. Refer to Paragraph 2 of the Inspection Agreement. 1st Choice Home Inspections, LLC was never notified, by them, of any particular concerns that they had regarding the results of the Home Inspection. In addition, notification would have to be given to the Inspector at least 72 hours prior to the commencement of any repairs. Repairs did take place without any proper notification whatsoever. Refer to Paragraphs 4 and 11 of the Inspection Agreement. The parties also agreed and understand that the Inspector is not an insurer or guarantor against defects. Refer to Paragraph 5 of the Inspection Agreement. As mentioned twice before, 1st Choice Home Inspections, LLC was hired by the Zdunek’s to provide a Home Inspection and a Radon Test. These are two (2) separate inspections. No other inspections were ordered by the Zdunek’s. Refer to Paragraph 8 of the Inspection Agreement. Attached, please find a copy of the signed Inspection Agreement. Based upon the above mentioned conclusions, 1st Choice Home Inspections, LLC has no further responsibility or liability. Respectfully, Joseph G. Dudek, President.
