AOS Agreement Of Sale PDF

12. BUYER’S DUE DILIGENCE/INSPECTIONS (10-18) (A) Rights and Responsibilities 323 1. Seller will provide access to insurers’ representatives and, as may be required by this Agreement or by mortgage lender(s), to 324 surveyors, municipal officials, appraisers and inspectors; in addition, unless othe...

12. BUYER’S DUE DILIGENCE/INSPECTIONS (10-18) (A) Rights and Responsibilities 323 1. Seller will provide access to insurers’ representatives and, as may be required by this Agreement or by mortgage lender(s), to 324 surveyors, municipal officials, appraisers and inspectors; in addition, unless otherwise agreed, only Parties and their real estate 325 licensee(s) may attend any inspections. 326 2. Buyer may make two pre-settlement walk-through inspections of the Property for the limited purpose of determining that the 327 condition of the Property is as required by this Agreement and any addenda. Buyer’s right to these inspections is not waived 328 by any other provision of this Agreement. 329 3. Seller will have heating and all utilities (including fuel(s)) on for all inspections/appraisals. 330 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker for 331 Buyer. 332 5. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared. 333 Unless otherwise stated, Seller does not have the right to receive a copy of any lender’s appraisal report. 334 (B) Buyer waives or elects at Buyer’s expense to have the following inspections, certifications, and investigations (referred to as 335 “Inspection” or “Inspections”) performed by professional contractors, home inspectors, engineers, architects and other properly 336 licensed or otherwise qualified professionals. All inspections shall be non-invasive, unless otherwise agreed in writing. If the same 337 inspector is inspecting more than one system, the inspector must comply with the Home Inspection Law. (See Paragraph 12(D) 338 for Notices Regarding Property and Environmental Inspections) 339 (C) For elected Inspection(s), Buyer will, within the Contingency Period stated in Paragraph 13(A), complete Inspections, obtain any 340 Inspection Reports or results (referred to as “Report” or “Reports”), and accept the Property, terminate this Agreement, or submit 341 a written corrective proposal to Seller, according to the terms of Paragraph 13(B). 342 Home/Property Inspections and Environmental Hazards (mold, etc.) 343  Elected Buyer may conduct an inspection of the Property’s structural components; roof; exterior windows and exterior Waived 344 ________ doors; exterior building material, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; ________ 345 electrical systems; interior and exterior plumbing; public sewer systems; heating and cooling systems; water penetra346 tion; electromagnetic fields; wetlands and flood plain delineation; structure square footage; mold and other environ347 mental hazards (e.g., fungi, indoor air quality, asbestos, underground storage tanks, etc.); and any other items Buyer 348 may select. If Buyer elects to have a home inspection of the Property, as defined in the Home Inspection Law, the 349 home inspection must be performed by a full member in good standing of a national home inspection association, 350 or a person supervised by a full member of a national home inspection association, in accordance with the ethical 351 standards and code of conduct or practice of that association, or by a properly licensed or registered engineer or 352 architect. (See Notices Regarding Property & Environmental Inspections) 353 Wood Infestation 354  Elected Buyer may obtain a written “Wood-Destroying Insect Infestation Inspection Report” from an inspector certified as a Waived 355 ________ wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provided ________ 356 by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort357 gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be 358 limited to all readily-visible and accessible areas of all structures on the Property, except fences. If the Inspection 359 reveals active infestation(s), Buyer, at Buyer’s expense, may obtain a Proposal from a wood-destroying pests pesti360 cide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), Buyer 361 may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to 362 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 363 Deeds, Restrictions and Zoning 364  Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi- Waived 365 ________ nances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use of the ________ 366 Property (such as in-law quarters, apartments, home office, day care, commercial or recreational vehicle parking) 367 is permitted and may elect to make the Agreement contingent upon an anticipated use. Present use:____________ 368 ____________________________________________________________________________________________ 369 Water Service 370  Elected Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 371 ________ qualified water/well testing company. If and as required by the inspection company, Seller, at Seller’s expense, will ________ 372 locate and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous 373 condition, at Seller’s expense, prior to settlement. 374 Radon 375  Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 376 ________ Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 ________ 377 working levels or 4 picoCuries/liter (4pCi/L). Radon is a natural, radioactive gas that is produced in the ground 378 by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas 379 can increase the risk of lung cancer. Radon can find its way into any air-space and can permeate a structure. If a 380 house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any 381 person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department 382 of Environmental Protection. Information about radon and about certified testing or mitigation firms is available 383 through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State 384 Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. www.epa.gov 321 322 385 Buyer Initials:______________________ ASR Page 7 of 14 Seller Initials:______________________ On-lot Sewage (If Applicable)  Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system, which may include a hydraulic Waived 388 ________ load test, from a qualified, professional inspector. If and as required by the inspection company, Seller, at Seller’s ________ 389 expense, will locate, provide access to, empty the individual on-lot sewage disposal system and provide all water 390 needed, unless otherwise agreed. Seller will restore the Property to its previous condition, at Seller’s expense, 391 prior to settlement. See Paragraph 13(C) for more information regarding the Individual On-lot Sewage Inspection 392 Contingency. 393 Property and Flood Insurance 394  Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance Waived 395 ________ for the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate ________ 396 with the insurer to assist in the insurance process. If the Property is located in a specially-designated flood zone, 397 Buyer may be required to carry flood insurance at Buyer’s expense, which may need to be ordered 14 days or more 398 prior to Settlement Date. Revised flood maps and changes to Federal law may substantially increase future flood 399 insurance premiums or require insurance for formerly exempt properties. Buyer should consult with one or more 400 flood insurance agents regarding the need for flood insurance and possible premium increases. 401 Property Boundaries 402  Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal Waived 403 ________ description, certainty and location of boundaries and/or quantum of land. Most sellers have not had the Property ________ 404 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other n­ atural 405 or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen406 tations of size of property are approximations only and may be inaccurate. 407 Lead-Based Paint Hazards (For Properties built prior to 1978 only) 408  Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct Waived 409 ________ a risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint ________ 410 hazards. Regardless of whether this inspection is elected or waived, the Residential Lead-Based Paint Hazard 411 Reduction Act requires a seller of property built prior to 1978 to provide the Buyer with an EPA-approved 412 lead hazards information pamphlet titled “Protect Your Family from Lead in Your Home,” along with a 413 separate form, attached to this Agreement, disclosing Seller’s knowledge of lead-based paint hazards and 414 any lead-based paint records regarding the Property. 415 Other 416 ____________________________________________________________________________________________ Waived Elected 417 ____________________________________________________________________________________________ ________ ________ 418 The Inspections elected above do not apply to the following existing conditions and/or items: 419 ______________________________________________________________________________________________________________ 420 ______________________________________________________________________________________________________________ 421 (D) Notices Regarding Property & Environmental Inspections 422 1.  Exterior Building Materials: Poor or improper installation of exterior building materials may result in moisture penetrating 423 the surface of a structure where it may cause mold and damage to the building’s frame. 424 2. Asbestos: Asbestos is linked with several adverse health effects, including various forms of cancer. 425 3. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal 426 of which are restricted by law. Generally, if hazardous substances are found on a property, it is the property owner’s respon427 sibility to dispose of them properly. 428 4.  Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer 429 to investigate whether the Property is located in a wetlands area to determine if permits for plans to build, improve or develop 430 the property would be affected or denied because of its location in a wetlands area. 431 5.  Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, 432 pollen and viruses) have been associated with allergic responses. 433 6.  Additional Information: Inquiries or requests for more information about asbestos and other hazardous substances can be 434 directed to the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave., N.W., Washington, D.C. 435 20460, (202) 272-0167, and/or the Department of Health, Commonwealth of Pennsylvania, Division of Environmental Health, 436 Harrisburg, PA 17120. Information about indoor air quality issues is available through the Pennsylvania Department of Health 437 and may be obtained by contacting Health & Welfare Building, 8th Floor West, 625 Forster St., Harrisburg, PA 17120, or by 438 calling 1-877-724-3258. 439 13. INSPECTION CONTINGENCY (10-18) 440 (A) The Contingency Period is 15       days (10 if not specified) from the Execution Date of this Agreement for each Inspection elected 441 in Paragraph 12(C). 442 (B) Within the stated Contingency Period and as the result of any Inspection elected in Paragraph 12(C), except as stated in 443 Paragraph 13(C): 444 1. If the results of the inspections elected in Paragraph 12(C) are satisfactory to Buyer, Buyer WILL present all Report(s) in 445 their entirety to Seller, accept the Property with the information stated in the Report(s) and agree to the RELEASE in 446 Paragraph 28 of this Agreement, OR 447 2. If the results of any inspection elected in Paragraph 12(C) are unsatisfactory to Buyer, Buyer WILL present all Report(s) in 448 their entirety to Seller and terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer 449 according to the terms of Paragraph 26 of this Agreement, OR 386 387 450 Buyer Initials:______________________ ASR Page 8 of 14 Seller Initials:______________________