MKC Associates LLC Home Inspection

OFFICE HOURS: 8am-8pm Mon-Fri, 9am-4pm Sat • PHONE: 888 652-4677 • EMAIL:  inquiry@mkchi.com

Inspection Agreements and Company Documentation

Listed on this page are documents for your review, including inspection agreements we use for the services we offer, and a copy of the property questionnaire, which buyers may present to sellers for answers. The agreements must be signed prior to or at the beginning of the inspection. Please feel free to read through them here, or download them and print them. The inspection agreements can also be signed online- just follow the link in the confirmation email you receive after scheduling with us. If you would like the seller to answer the property questionnaire, feel free to download it and send it over to the listing agent or seller- or give it your agent to forward to the seller for answers.

Property Inspection Agreement | download agreement: .pdf (112KB)

Radon Testing Agreement | download agreement: .pdf (135KB)

Wood Destroying Insect Inspection Agreement | download agreement: .pdf (135KB)

Property Inspection Questionnaire | download questionnaire: .pdf (177KB)

Company Errors & Omissions and Liability Insurance Information | download: .pdf (243KB)

Sample Inspection Report | download sample: .pdf (1.1MB)

Roof Access Permission | download roof access: .pdf (1.1MB)

Property Inspection Agreement

1. General; Fees. This is an agreement between ____________________________ (the "Client") and MKC Associates LLC ("MKC"). The Client requests that MKC conduct a property inspection of the premises located at _______________________________________ (the "Property Inspection") and prepare a property inspection report in connection with the Property Inspection (the "Property Inspection Report"). The Property Inspection shall take place on the ______ day of _______________, 200___, and the Client requests that the Property Inspection Report be prepared within 48 hours of the time of the Property Inspection. The Client warrants that permission has been obtained from the owner of the premises to be inspected. The client agrees to pay at the time of the inspection a fee of $__________ to MKC covering the Property Inspection and preparation of the Property Inspection Report. Should the client fail to timely pay the agreed upon fees in full, MKC may withhold the Property Inspection Report.

2. Standards of Practice; Scope of Inspection. The Property Inspection will be performed, and the Property Inspection Report will be prepared, in accordance with the Massachusetts Standards of Practice located at MA 266 CMR 1.00 - 11.00, which are incorporated herein by reference and hereby made a part hereof (the "Standards"). All terms used herein and not otherwise defined shall have the meaning set forth in the Standards. The Standards can be found at: http://www.mass.gov/dpl/boards/hi/cmr/26606.htm. The website where the Standards can be found will also be provided in the Property Inspection Report, and a hard copy of the Standards will be provided to the client upon request.

The Property Inspection is meant to provide the client with a better understanding of the condition of certain readily accessible installed systems and components of the property at the time of the Property Inspection. The Client understands that the Property Inspection and Property Inspection Report are based on the visual observations of the inspector of readily accessible areas and does not include or report on inaccessible areas.

In the event that the inspector recommends that the Client consult with a pest control contractor or other specialized expert(s), the Client must do so at their own expense, assume all risks associated with a failure to contact said pest control contractor or other specialized expert(s), and the inspector and MKC shall not be responsible for the work or recommendations of said pest control contractor or other specialized expert(s).

This Property Inspection Report is not intended to be an inducement to encourage or discourage the purchase or sale of the property and the conclusions and recommendations of the inspector are only those contained in the Property Inspection Report, not any oral remarks that may be made by the inspector during the Property Inspection.

3. Exclusions. Please carefully read the exclusions set forth in the Standards, because the Standards contain important information regarding exclusions from the Property Inspection and Property Inspection Report.

4. Warranties. There is no express or implied warranty of any kind regarding the condition of the property or any of the items or systems contained therein, or as to the future performance or expected lifespan of any of the items or systems contained therein, whether or not mentioned in the Property Inspection Report. This is a limited inspection only, and this Agreement, the Property Inspection and the Property Inspection Report do not constitute a general warranty, an insurance policy, a certification or a guarantee of any kind. Should the Client discover unfavorable conditions that the Client suspects had been overlooked or not reported on at the time of the Property Inspection, the Client agrees to notify MKC within thirty (30) days of said discovery and allow MKC access to the property to inspect said conditions.

5. Confidentiality. This Property Inspection is being performed, and the Property Inspection Report is being prepared, for the Client's sole, confidential and exclusive benefit and use, and may not be transferred or assigned to any third party. If the Client directly or indirectly allows or causes the Property Inspection Report or any portion thereof to be disclosed or distributed to any third party, the Client agrees to indemnify and hold the inspector and MKC harmless from any and all losses, liabilities and related costs and expenses, including reasonable attorneys' fees, arising out of claims or actions based on the Property Inspection and/or the Property Inspection Report brought by a third party or third parties.

6. Arbitration. Any dispute concerning this Agreement or arising from the Property Inspection or the Property Inspection Report (unless based on the non-payment of fees) shall be resolved by binding, non-appealable arbitration conducted in the Commonwealth of Massachusetts in accordance with the rules of the American Arbitration Association. The parties shall mutually agree upon one (1) arbitrator who shall have at least ten (10) years experience in the home inspection industry. The fees and expenses of arbitration, including the fees and expenses of the arbitrator, shall be borne by the party deemed responsible by the arbitrator except that, the party filing for arbitration shall be responsible for all filing fees. At the arbitration, the arbitrator may consider all claims that would have been available to the parties in a court of law, including, but not limited to, claims for lawful attorneys' fees and multiple damages, where provided by statute. The Client hereby acknowledges that participation in binding arbitration as provided for herein is not intended to limit in any way the costs and damages otherwise legally available to the Client.

7. Miscellaneous. This Agreement contains the entire agreement among the parties and supersedes and nullifies all prior agreements and understandings, express or implied, between the parties hereto concerning the subject matter hereof. This Agreement may be modified or amended at any time and from time to time, but only by a written agreement signed by each of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

8. Client's Responsibility. Pursuant to Section 6.03(4) of the Standards, answers to the questions set forth on the Property Questionnaire attached hereto and hereby made a part hereof should be ascertained by you, the Client, from the Seller and/or the Seller’s Representative because they are important and relevant to the purchase of the inspected dwelling and may not be Readily Observable through inspection. There is no legal obligation, duty, or requirement on behalf of the Seller and/or the Seller’s Representative to answer the questions set forth on the Property Questionnaire. The Property Questionnaire will also be attached to the Property Inspection Report

By signing below, I agree that I have read, understand and agree to all the terms, conditions and limitations set forth in this Agreement.

Client_______________________________________ Date_______________________

MKC Associates LLC

By:_______________________________________ Date_______________________

mkcagreerev.4.0,4/28/08

Wood Destroying Insect Inspection Agreement

1. General. This is an agreement between ____________________________ (the "Client") and MKC Associates LLC ("MKC"). The Client requests that MKC conduct a wood destroying insect ("WDI") inspection to be conducted on the premises located at ____________________________________, MA (the "WDI Inspection") and prepare a report in connection with the WDI Inspection (the “WDI Report”). The WDI Inspection shall be conducted on ______________, 20___. In most instances, the WDI Report will be prepared and delivered to the Client within 48 hours of the end time of the WDI Inspection. The Client warrants that permission has been obtained from the owner of the premises to be inspected. The Client agrees to pay at the start time of the WDI Inspection a fee of $_____.00 to MKC covering the WDI Inspection and WDI Report. Should the Client fail to timely pay the agreed upon fees in full, MKC may withhold the WDI Report.

2. Inspection and Reporting Standards. The WDI Inspection will be performed, and the WDI Report will be prepared, in accordance with the National Pest Management Association ("NPMA") guidelines for WDI inspections and reporting.

3. Scope of the WDI Inspection and WDI Report. The WDI Inspection is meant to provide the client with a better understanding of past or present insect activity on the property. The residential structure will be inspected for signs of active or inactive, past or present, wood destroying insects. Any adjacent detached buildings will also be inspected as agreed upon by the Client and MKC. The WDI Inspection will identify and describe the locations of WDI activity and make recommendations for treatment or further investigation by a pest control operator. MKC does not treat for pest activity. The inspector will probe accessible areas where WDI activity is suspected. Areas that have finished surfaces will not be probed because the surfaces may be damaged. Areas that are deemed unsafe by the inspector may not be ventured and inspected, and the inspector will not report on such conditions. MKC's inspectors do not specifically inspect for or report on “nuisance” pests, rodents, or other animal activity, but the inspector may report if such conditions are observed.

The WDI Report is not intended to be an inducement to encourage or discourage the purchase or sale of the property and the conclusions and recommendations of the inspector are only those contained in the WDI Report, not any oral remarks that may be made by the inspector during the WDI Inspection. The final written WDI Report will be prepared on Form NPMA-33, which can be found at: http://www.hud.gov/offices/adm/hudclips/forms/files/npma-33.pdf. A copy of Form NPMA-33 will also be provided to the Client upon request.

4. Warranties. There is no express or implied warranty of any kind regarding presence or absence of WDI on the property or as to the future or expected presence of WDI, whether or not mentioned in the WDI Report. This is a limited inspection only, and this Agreement, the WDI Inspection and the WDI Report do not constitute a general warranty, an insurance policy, a certification or a guarantee of any kind. Insect activity can fluctuate due to variables such as weather, seasonal changes, soil disruption, food sources, insect behavior or other factors. The WDI Inspection will take all of these factors into account and provide the most accurate inspection possible given the conditions. The WDI Report is considered valid only for the time and conditions under which the inspection was performed. Should the Client discover unfavorable conditions that the Client suspects had been overlooked or not reported on at the time of the WDI Inspection, the Client agrees to notify MKC within thirty (30) days of said discovery and allow MKC access to the property to inspect said conditions.

5. Confidentiality. This WDI Inspection is being performed, and the WDI Report is being prepared, for the Client's sole, confidential and exclusive benefit and use, and may not be transferred or assigned to any third party. If the Client directly or indirectly allows or causes the WDI Report or any portion thereof to be disclosed or distributed to any third party, the Client agrees to indemnify and hold the inspector and MKC harmless from any and all losses, liabilities and related costs and expenses, including reasonable attorneys' fees, arising out of claims or actions based on the WDI Inspection and/or the WDI Report brought by a third party or third parties.

6. Arbitration. Any dispute concerning this Agreement or arising from the WDI Inspection or the WDI Report (unless based on the non- payment of fees) shall be resolved by binding, non-appealable arbitration conducted in the Commonwealth of Massachusetts in accordance with the rules of the American Arbitration Association. The parties shall mutually agree upon one (1) arbitrator who shall have at least ten (10) years experience in the WDI inspection industry. The fees and expenses of arbitration, including the fees and expenses of the arbitrator, shall be borne by the party deemed responsible by the arbitrator except that, the party filing for arbitration shall be responsible for all filing fees. At the arbitration, the arbitrator may consider all claims that would have been available to the parties in a court of law, including, but not limited to, claims for lawful attorneys' fees and multiple damages, where provided by statute.

7. Miscellaneous. This Agreement contains the entire agreement among the parties and supersedes and nullifies all prior agreements and understandings, express or implied, between the parties hereto concerning the subject matter hereof. This Agreement may be modified or amended at any time and from time to time, but only by a written agreement signed by each of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

8. Limitation on Liability. IN NO EVENT WILL MKC OR ITS MEMBERS, MANAGERS, MANAGING MEMBERS, INSPECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "REPRESENTATIVES") BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES INCURRED BY THE CLIENT OR ANY THIRD PARTY FROM ANY CAUSE WHATSOEVER. IN NO EVENT SHALL MKC'S LIABILITY FOR ANY BREACH OF THIS AGREEMENT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID TO MKC HEREUNDER, AND THE CLIENT HEREBY RELEASES MKC AND ITS REPRESENTATIVES FROM ANY FURTHER LIABILITY.

By signing below, I agree that I have read, understand and agree to all the terms, conditions and limitations set forth in this Agreement.

Client_______________________________________ Date_______________________

MKC Assocaites LLC

By:_______________________________________ Date______________________

rev.1.0,4/28/08

Radon Testing Agreement

1. General. This is an agreement between ____________________________ (the "Client") and MKC Associates LLC ("MKC"). The Client requests that MKC conduct a radon test to be conducted on the premises located at _______________________________, MA (the "Radon Test") and prepare a radon test result report (the “Radon Test Report”) that reports the Radon Test results. The Radon Test shall have an approximate start time of ________ on ____________, 20__, and have an approximate end time of ______ on _____________, 20__. In most instances, the Radon Test Report will be prepared and delivered to the Client within 48 hours of the end time of the Radon Test, but it may be longer depending on when the results from the radon test lab are obtained. The Client warrants that the owner of the premises to be tested has given permission to MKC and its inspectors to access and perform the Radon Test on the property. The Client agrees to pay at the start time of the Radon Test a fee of $_____.00 to MKC covering the Radon Test and preparation of the Radon Test Report. Should the Client fail to timely pay the agreed upon fees in full, MKC may withhold the Radon Test Report.

2. Testing Method and Standards. The Radon Test to be provided pursuant to this Agreement is a test of Radon in the air using: ____________________________. The Radon Test will be performed in accordance with the United States Environmental Protection Agency's ("EPA") protocol for radon testing. When testing in connection with the sale and transfer of a property, buyers and sellers should review the EPA document “Home Buyer’s and Seller’s Guide to Radon”. When testing for any reason other than in connection with the sale and transfer of a property, individuals should review the EPA document “A Citizen’s Guide to Radon”. Both of these documents can be found at: http://www.epa.gov/radon/pubs/index.html or a copy of these documents will be provided to Client upon request.

3. Scope of Radon Testing, Test Conditions and Limitations. The Radon Test is a screening measurement that serves to provide the Client with a better understanding of the level of radon in the air at the property being tested at the time of the Radon Test. The Radon Test Report is not intended to be an inducement to encourage or discourage the purchase or sale of the property and the conclusions and recommendations of the inspector performing the Radon Test are only those contained in the Radon Test Report, not any oral remarks that may be made by the inspector performing the Radon Test. The final written Radon Test Report will report the level of radon in the air or water at the property being tested and make recommendations consistent with EPA protocol. As specified by the EPA, in order to help ensure an accurate radon reading the following conditions must be met prior to and during the test period and until such time as the testing equipment is retrieved: (a) all windows, doors, and crawl space vents must be closed twelve (12) hours before the start and during the entire test period, but normal entry and exit through doors is acceptable except for lower level walkout doors or those sealed with anti-tamper tape; (b) internal-external air exchange systems (e.g. whole house fans, window fans. window air conditioners with outside damper open, etc.) must not be used twelve (12) hours before and during the entire test period; (c) radon test devices must not be moved or tampered with in any way during the test period; and (d) normal operation of heating and air conditioning systems as well as fireplaces or wood burning stoves used for heating purposes is permissible, although fireplaces and/or wood burning stoves should only be used if no other source of heat is available. The Client acknowledges that MKC's and the inspector's control of the test conditions is limited to the actual placement of the test device. Any tampering or manipulation of the test conditions or test device by the Client or occupants prior to, during or after the test period is out of MKC's and the inspector's control and might not be detected. The fee set forth above is due whether or not the Client or occupants comply with test conditions. Changes in heating and ventilation may raise or lower radon levels and inclement weather such as storms or high winds can contribute to unreliable test results. Changing soil conditions can also affect radon test results. Since radon levels can vary from season to season as well as from room to room, this Radon Test only serves to indicate the potential for a radon problem. The Radon Test results for radon in the air are only an average of radon concentrations in the area tested during the period the measurement device was exposed. The EPA suggests that Client or occupants take regular follow-up measurements of radon levels.

4. Warranties and Confidentiality. There is no express or implied warranty of any kind regarding the levels of Radon in the air at the property being tested or as to the future levels of radon in the air at the property being tested, whether or not mentioned in the Radon Test Report. There is also no express or implied warranty that the proper testing conditions have been met. This is a limited test only, and this Agreement, the Radon Test and the Radon Test Report do not constitute a general warranty, an insurance policy, a certification or a guarantee of any kind. The Radon Test Report is considered valid only for the time and conditions under which the Radon Test was performed. This Radon Test is being performed, and the Radon Test Report is being prepared, for the Client's sole, confidential and exclusive benefit and use, and may not be transferred or assigned to any third party. If the Client directly or indirectly allows or causes the Radon Test Report or any portion thereof to be disclosed or distributed to any third party, the Client agrees to indemnify and hold the inspector and MKC harmless from any and all losses, liabilities and related costs and expenses, including reasonable attorneys' fees, arising out of claims or actions based on the Radon Test and/or the Radon Test Report brought by a third party or third parties. Under no circumstances will MKC be responsible for the cost of follow-up radon testing or radon mitigation.

5. Arbitration. Any dispute concerning this Agreement or arising from the Radon Test or the Radon Test Report (unless based on the non- payment of fees) shall be resolved by binding, non-appealable arbitration conducted in the Commonwealth of Massachusetts in accordance with the rules of the American Arbitration Association. The parties shall mutually agree upon one (1) arbitrator who shall have at least ten (10) years experience in the radon testing industry. The fees and expenses of arbitration, including the fees and expenses of the arbitrator, shall be borne by the party deemed responsible by the arbitrator except that, the party filing for arbitration shall be responsible for all filing fees. At the arbitration, the arbitrator may consider all claims that would have been available to the parties in a court of law, including, but not limited to, claims for lawful attorneys' fees and multiple damages, where provided by statute.

6. Miscellaneous. This Agreement contains the entire agreement among the parties and supersedes and nullifies all prior agreements and understandings, express or implied, between the parties hereto concerning the subject matter hereof. This Agreement may be modified or amended at any time and from time to time, but only by a written agreement signed by each of the parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

7. Limitation on Liability. IN NO EVENT WILL MKC OR ITS MEMBERS, MANAGERS, MANAGING MEMBERS, INSPECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, "REPRESENTATIVES") BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES INCURRED BY THE CLIENT OR ANY THIRD PARTY FROM ANY CAUSE WHATSOEVER. IN NO EVENT SHALL MKC'S LIABILITY FOR ANY BREACH OF THIS AGREEMENT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID TO MKC HEREUNDER, AND THE CLIENT HEREBY RELEASES MKC AND ITS REPRESENTATIVES FROM ANY FURTHER LIABILITY.

By signing below, I agree that I have read, understand and agree to all the terms, conditions and limitations set forth in this Agreement.

Client:
By:___________________________________ Date_______________

MKC Associates LLC
By:___________________________________ Date_______________

rev.4.0, 5/31/08

Property Questionnaire

Date: ______________________
Seller or Seller's representative: _______________________________
Property Address: ________________________
Date of Home Inspection: ____________________________________

To the best of your knowledge as the Seller and/or Seller's Representative:

  1. Does the dwelling have a history of seepage, dampness, and or water penetration into the basement and/or under floor crawl space? If so please explain.
  2. Has a sump pump ever been installed or used in the basement or under floor crawl space?
  3. Do you use any type of dehumidification in any part of the dwelling?
  4. Are you aware of any mold and/or air quality issues in the dwelling?
  5. Is the dwelling on a private sewage system? a. If the waste system is private, has a Title V inspection been completed? b. If so, is the completed Title V report available for review?
  6. Has the dwelling ever been inspected and/or treated for insect infestation? a. If so, when? b. What were the chemical used?
  7. Has the dwelling ever been tested for radon gas and/or lead paint? a. If so, when? b. What were the results?
  8. Has the dwelling ever been inspected by an inspector? a. If so, when? b. Were any problems noted? c. Is a copy of the inspection report available?
  9. Are the Seller and/or the Seller's Representative aware of any structural, mechanical, electrical, or other material defects that may exist on the property?
  10. Has there ever been a fire in the dwelling? a. If so, when? b. What areas were involved? c. What chemical cleaners, if any, were used for cleanup?
  11. Has there ever been a hazardous waste spill on the property?
  12. Is there an underground storage tank on the property?

Insurance Information

Please download the insurance information document above.

Sample Inspection Report

Please download the sample report above.

Roof Access Permission

Please download the roof access permission agreement above.