PRE-INSPECTION AGREEMENT

This Home Inspection Agreement (the “Agreement”) is made effective on the date stated on Page 3 of this agreement by and between Victory Home Inspections, LLC (hereinafter “we”, “us” and “our”) and client named on Page 3 of this agreement (hereinafter “client”, “you” or “your” (collectively “parties”). You desire to have a general home inspection (the “Inspection”) and/or other inspection related services (“Ancillary Services”) performed on a home located at the address stated on Page 3 of this agreement (collectively “Services”). Checking the appropriate line beside the desired service indicates the Services desired.

FEE: You agree to pay the fee stated on Page 3 of this agreement for the performance of the Services. This amount shall be paid in full immediately after completion of the Services on the same day (unless otherwise agreed in writing by the parties). Should you fail to timely pay the agreed upon fee(s), you shall be responsible for paying any and all fees associated with collection, including but not limited to administration costs, attorney’s fees, and cost of litigation. 100% satisfaction guaranteed or your money back within 72 hours after the inspection. Other services excluded.

SIGNATURE REQUIREMENT: We require a Pre-Inspection Agreement to be signed by Client prior to conducting an Inspection. If you are not present at the Inspection, or, for some unforeseen reason, did not sign the Pre-Inspection Agreement, you, by accepting, paying for, or using the Inspection Report, acknowledge and agree to be bound by the terms and conditions of the Pre-Inspection Agreement and further agree that the Pre-Inspection Agreement will form a part of the Inspection Report.

NEW JERSEY STANDARDS OF PRACTICE: The Home Inspection Advisory Committee promulgated, under the authority of the Home Inspection Professional Licensing Act (N.J.S.A. 45:8-61 et seq.), “Standards of Practice” (“New Jersey Standards”), which set forth the standards of practice required by the New Jersey licensed home inspector. The New Jersey Standards require the inspector to provide the client with objective information regarding the condition of the systems and components of the home as determined at the time of inspection. This inspection shall thus be in full compliance with the New Jersey Standards. New Jersey home inspectors are governed by the rules in the New Jersey Administrative Code contained at N.J.S.C. 13:40-15, and the licensee shall comply with these rules. Failure to comply with the rules may subject the licensee to discipline. These rules are available for your review on the State of New Jersey web site at www.state.nj.us/lps/ca/adoption/hiado63.htm

SCOPE OF THE INSPECTION: The Inspection is a limited visual examination of certain readily accessible systems and components (designated for inspection herein) using normal operation controls and opening readily operable access panels. The purpose of the Inspection is to provide you with information about the condition of certain systems and components of the home at the time of the Inspection. The Inspection will be performed in accordance with the Standards of Practice (“Standards”) set forth by the State of New Jersey as well as the American Society of Home Inspectors (“ASHI ”). These Standards of Practice are hereby incorporated by reference in their entirety and are hereby made a part of this agreement. The ASHI Standards are available online at www.ashi.com. We encourage you to review these standards and a copy is available from us upon request.

The inspector is a generalist and is not a licensed engineer or expert in any specific craft or trade. If the inspector recommends further action, including (but not limited to) consulting with a specialized expert(s) you must do so at your expense or otherwise assume all risks associated with failure to do so. This Inspection is not technically exhaustive. The fee charged for this Inspection is substantially less than that of a technically exhaustive inspection.

A written Inspection Report will be provided describing the following systems and components: structural components (including foundation and framing), exterior, roof system, plumbing system, electrical system, heating system, installed central and through-wall air conditioning systems, interiors, insulation & ventilation, and fireplaces & solid fuel burning appliances. The Report will identify the following (a) which systems and components designated for inspection herein are, in the professional opinion of the inspector, significantly deficient or near the end of their service life, (b) why the inspection deems the system or component of the significantly deficient or near the end of its service life, (c) whether further evaluation, correction or monitoring is needed, and (d) whether any system or component described herein was not inspected and why it was not inspected. We reserve the right to modify the Report for a period of time that shall not exceed forty-eight (48) hours after the Report has been first delivered to you. Nothing in this Agreement is intended to limit the inspector from reporting observations and conditions in addition to those identified herein or excluding systems and components from the Inspection if agreed to in writing and signed by the parties. Should we, as a courtesy exceed any particular requirement set forth herein in one area, we shall not be obligated to exceed the requirements in other areas.

EXCLUSIONS: A system or component is not readily accessible if Inspection requires moving personal property, dismantling, destructive measures, or any action that will, in the opinion of the inspector, likely involve risk to persons or property. Anything not readily observable because it is concealed or inaccessible due to obstructions including (but not limited to) floor coverings, suspended ceiling tiles, insulation, furniture or other personal property, soil, vegetation, water, ice or snow cannot be inspected. We are not required to move or disturb such items in order to diminish or eliminate the obstruction. We are not required to report on or engage in any practice or act that is not included or that is specifically excluded in the New Jersey, ASHI Standards unless otherwise agreed to in writing signed by the parties. We are not required to inspect anything identified in the above-mentioned Standards as limitations or exclusion specific to the systems and components inspected. The list of the following specific exclusions is not an exhaustive list; see the above-mentioned Standards for additional exclusions and limitations. We are NOT required to determine the following: remaining life of any system or component, the causes of any condition or deficiency, methods and costs of corrections, suitability of the property for a specialized use, market value and marketability, advisability of purchase of the property, the presence of pests such as wood damaging organisms (including termites), rodents or insect, rot/decay, fungus including mold and mildew, decorative items, underground items, breached vacuum seals in insulated glass or items not permanently installed. We are not required to do the following: predict future conditions including (but not limited to) failure of components, operate any system or component that is shut down or otherwise inoperable, light pilot lights, determine the presence of hazardous substances, enter hazardous areas, or perform engineering, architectural, plumbing, or any other job function requiring an occupational license or certification in your jurisdiction (unless the inspector holds a valid license or certification and the parties agree in writing signed by the parties on the additional service(s) for an additional fee). We are not required to inspect fences, soil conditions, spas, saunas, steam baths, pools (and related equipment, outbuildings (other than garage or carport), sprinkler systems, private and community waster disposal systems, telephones, cable television, intercoms, security systems, low voltage lighting systems, any timing systems, well systems, window unit air conditioning systems, furnace heat exchanges, and heating or coiling systems when weather conditions or other circumstances may cause equipment damage. We are not required to inspect cosmetic items such as paint, wallpaper, carpet, or other finishes on walls, ceilings or floors, and any type of window treatment (such a blinds or draperies). We are not required to determine non-compliance with manufacturer’s specifications or applicable regulatory requirements, including (but not limited to) building code compliance. Water/moisture, leaks, seepage and drainage problems are often only visible during or after a certain amount of rain. It is thus impossible to observe water/moisture, leaks seepage and drainage problems unless the Inspection is conducted during or immediately after a rain sufficient to reveal such problems. It is beyond the scope of this inspection to determine if any system or component is, has been, or will be part of any product, component or system recall in the future. Client may wish to subscribe or contact the CPSC (Consumer Product Safety Commission) for recall information regarding any system or component.

MOLD EXCLUSION: We are not responsible for discovering or reporting on the presence or absence of mold or mildew. Furthermore, we are not responsible for any damages that arise from or related to mold or mildew, even if the mold or mildew is a direct consequence of a condition upon which we are required to report as set forth in this agreement.

ADDITIONAL SERVICES: Victory Home Inspections, LLC can perform or arrange for one or more of the Ancillary Services listed in this agreement. Unless you request Ancillary Services by checking the appropriate line beside the desired service and we agree to perform or arrange for the Ancillary Service by executing this Agreement, this Agreement is for the general home inspection only and does not include the other delineated Ancillary Services listed on page 3 of this Agreement. The terms of the performance of Ancillary Services (including the purpose and the scope of the service) shall be defined in a separate addendum signed by the parties.

NOTICE OF CLAIMS: You understand and agree that any claim(s) or complaint(s) arising out of or related to any alleged act or omission on our part, in connection with the Services, shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable amount of time to investigate the claim(s) or complaint(s) by, among other things, re-inspecting before you, or anyone acting on your behalf, repairs, replaces, alters, or modifies the system or component that is the subject matter of the claim. You understand and agree that any failure to timely notify us and allow adequate time to investigate as stated above shall constitute a complete bar and waiver of any and all claims you may have against us related to the alleged act or omission unless otherwise prohibited by law.

LIMITATION OF LIABILITY: You understand and agree that our limitation of liability for errors or omissions in the Inspection Report is limited and fixed to a 100% refund of the fee paid for the Inspection and Report.

DISPUTE RESOLUTION: Any legal action arising from this Agreement or arising from the Services and Report (unless based on payment of fee) shall be resolved by binding, non-appealable arbitration conducted in accordance with the rules of the American Arbitration Association, except that the parties shall mutually agree upon an Arbitrator who is familiar with the home inspection industry.

LIMITATION PERIOD: Any legal action arising from this Agreement or from the Services and Report, including (but not limited to) the arbitration proceeding more specifically described above, must be commenced within one (1) year from the date of the Services. Failure to bring such an action within this time period shall be a complete bar to any such action and a full and complete waiver of any rights, or claims based thereon. This time limitation period may be shorter than provided by state law.

SEVERABILITY AND ENTIRE AGREEMENT: The parties agree that should an Arbitrator or Court determine that any provision(s) in this Agreement is void, voidable, or unenforceable, the remaining portions shall remain in full force and effect. This Agreement (in its entirety), and any attached, executed Addenda, contains the entire agreement between the parties, and there are no other representations, warrantees, or commitments, except as are specifically set forth herein. This Agreement supersedes any and all representations or discussions, whether oral or written, if any, among the parties relating to the subject matter of this Agreement. This Agreement may be modified, altered or amended only if agreed to in writing and signed by the parties.

OTHER PROVISIONS

CONFIDENTIALITY: You understand that the Services are being performed (and the Report is being prepared) for your sole, confidential and exclusive benefit to use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including (but not limited to) the seller or the real estate agent(s) involved in the real estate transaction (“third party”). If you directly or indirectly allow or cause the Report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the Services or the Report brought by the third party. By initialing here (_____), you authorize us to distribute copies of the Report to the real estate agents or attorneys directly involved in this transaction, who are not intended beneficiaries of the Report.

ACCESIBILITY: Client agrees to provide full access to building, applicable common areas and to ensure that utilities are on at time of inspection.

RETURN VISIT: As set forth under N.J.A.C. 13:40-15, and only as requested by client, we will return at a later date to inspect any systems or components which were not inspected because of unforeseen circumstances at the initial Inspection. Our fee for a return visit is $150.00.

DOCUMENT RETENTION: This Agreement shall be retained for a period of five (5) years from date of execution.

REQUEST FOR EXCLUSION: As set forth under N.J.A.C. 13:40-15.16, we will exclude those systems and/or components from the Inspection as requested and identified below by the Client:

Systems and/or components to be excluded from the home inspection_________________________________________________________________

THE INSPECTION, ANCILLARY SERVICES, INSPECTION AGREEMENT AND REPORT DO NOT CONSTITUTE A WARRANTY, AN INSURANCE POLICY, OR A GUARANTEE OF ANY KIND; NOR DO THEY SUBSTITUTE FOR ANY DISCLOSURE STATEMENT AS MAY BE REQUIRED BY LAW.

By signing here you authorize Brinks Home Security to call you at the phone number you have provided to discuss a special system offer.

X________________________________________

By signing below you acknowledge that you have read, understand and agree to the terms and conditions of this agreement and agree to pay the fee listed in the box above.

Client Name:                                 Phone Number :

Client Address:                              E-mail :

Address of Property to be Inspected:

Date and Time of Inspection :

CLIENT

Client’s Signature________________________________________________________

Client’s Signature________________________________________________________

Date___________________________________________________________________

BY:__________________________________________________________

Kenneth Wehn, Owner:

Victory Home Inspections, LLC

PO Box 446

Moorestown, NJ 08057

24GI00088500

NJ Home Inspector’s License Number