UTILITY & INSPECTION WAIVER & REQUEST
Buyer, at Buyer’s sole cost and expense, shall have the opportunity to inspect all aspects of the Property prior to bidding at auction, including testing regarding, without limitation, environmental, asbestos, radon gas, lead paint, mold, physical defects including structural defects, roof, basement, mechanical systems such as heating and air conditioning, electrical systems, sewage and septic systems, plumbing, exterior site drainage, termite and other types of pest and insect infestation or damage caused by such infestation, boundary surveys, and unrecorded costs, liens, assessments, or judgments including, without limitation, code violations, taxes, utility liens, or condominium assessments. Any and all costs and expenses associated with any such inspection shall be paid in full by the buyer, Seller shall not be required to reimburse Buyer for any Inspection or utility Costs. Seller will not supply surveys, boundary surveys or footprint surveys or any other documents with respect to the Property.
Buyer, at Buyer’s sole cost and expense, shall be permitted to have the utilities turned on for such inspections as above. The buyer must complete this form and deliver to the seller prior to scheduling for utility turn on. Buyer must be present at the property when utilities are turned on at the physical location to prevent potential damage. The buyer agrees that they will be responsible for any and all damaged caused by the turn on of such utilities as electric, water, sewer, gas.
BUYER IS ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS AND TESTS IN, ON AND UNDER THE PROPERTY PRIOR TO BIDDING AT THE AUCTION, AS TO THE EXISTENCE OF CERTAIN CONDITIONS, INCLUDING, WITHOUT LIMITATION, THOSE LISTED ABOVE, THAT COULD CAUSE SERIOUS HEALTH PROBLEMS AND/OR A SUBSTANTIAL REDUCTION IN PROPERTY VALUE. Buyer hereby agrees and acknowledges that Buyer is solely responsible for any required remediation and/or resulting damages, including, without limitation, any effects on health, due to a condition in, on, under or around the Property.
Buyer shall keep the Property free and clear of any mechanics’ liens or materialmen’s liens related to Buyer’s examination and investigation and Buyer shall protect, defend, indemnify and hold Seller (and Seller’s agents, employees, shareholders, affiliates, officers and directors, collectively, the “Indemnitees”) harmless from and against any and all losses, costs, expenses (including attorneys’ fees and actually incurred court costs), claims, damages, liens and stop notices whatsoever and shall repair any and all damages to any portion of the Property to the extent arising out of or related (directly or indirectly) to Buyer’s and/or Buyer’s consultants conducting (but not the results thereof) such inspections, surveys, tests and studies.
Buyer shall provide Seller with this written notice at least two (2) days prior to the auction end date. By providing this written notice the buyer agrees to all terms and conditions set herein.