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Real Estate Inspection Agreement
SCOPE OF SERVICES: The inspection will be performed in accordance with the Standards of Practice promulgated by the Texas Real Estate Commission (TREC). Inspector will attempt to identify major defects and problems with the property. However, the client acknowledges that the inspector will not identify all defects or problems. The Inspection Report provided by the inspector will contain the Inspector’s professional, good-faith opinions concerning the need for repair, deficiency or replacement of certain observable items. The Client acknowledges that the inspector is acting as a generalist and not a specialist. All statements in the report are the Inspector’s opinion’s and should not be constructed as statements or fact or factual representations concerning the Property. The Inspector opinions are subjective and may differ from those of other person. We do not hold ourselves to be specialist for any particular items, nor are we engineers. We are a general real estate inspection company. The client agrees the scope of the inspection services to be provided is defied and limited according to the Standards of Practice promulgated by (TREC).
GENERAL LIMITATIONS OF SERVICES: TREC standards dictate that a general home inspection is limited to those parts of any system that are visible at the time of the inspection. A general home inspection does not generally utilize any specialized metering equipment or diagnostic tool. This is visual inspection only and the inspection is limited to the visible portions only. We inspect only what we can see. This Inspection Report covers only the items listed in the report which are reasonably observable, and are based only on the present condition of those items. Occupied homes can never be fully observed due to personal property of the occupant blocking vision/access. Moving personal items is beyond the responsibility of the home Inspector. For example, we do not move furniture, rugs, plants, appliances, paintings or other furnishings. There is no responsibility expressed or implied for latent defects, or for defects not reasonably observable at the time of the inspection, or for defects that would require the removal of major permanent coverings for observation. When walls/ceilings are freshly painted, past/present defects can be hidden with the new paint. Inspection is not destructive or invasive. Wall covering such as paneling, wall paper or fresh paint can hide damage. Damaged can also be hidden inside wall void. Finding and reporting this damage is beyond the scope of a general home inspection. This Inspection Report cannot and does not represent the operation or condition of any items after the date and time of inspection. This Inspection Report should not be considered a complete list of all defects or items in need or repair with the house. This Report is limited to those items that are readily accessible at the time of the inspection. The Inspection Report will not include opinions as to the adequacy, efficiency, quality, durability, or future life and performance or any item inspected. We do not inspect for any environmental issues such as lead paint, asbestos, mold, etc. We do not inspect for building codes, soil analysis, and adequacy of design, capacity, efficiency, sizing, value, floodplain location, pollution or habitability. Cabinets counter tops, paint, floor coverings, and any other cosmetic items are specifically excluded from this report. Underground Drainages Systems are not inspected. Inaccessible parts of the attic are not inspected. Light fixtures connected to a photocell/motion dust sensor are not inspected. A/C systems are not inspected for cleanliness. Dryer vents are not check for cleanliness. The Range vent is not check for cleanliness. The client agrees that items, systems and conditions which are not specifically addressed or are not included in the Inspection Report are specifically excluded from the Inspection and should be evaluated by a qualified specialist. The Inspection Report is not a substitute for disclosures by sellers and Real Estate Agents. Said disclosure statements should be carefully read for any material facts that may influence or affect the desirability and/or marked value of the Property. The inspection services do not include document review of prior reports or disclosures.
DIGITAL PICTURES: The digital pictures in this report are sample of damages in place and should not be considered to show all of the damages and/or deficiencies found. There will be some damaged and/or deficiencies not represented with digital imaging.
EXCLUSIVITY: The report is prepared exclusively for the Client(s) named and is not transferable to anyone in any form. Client(s) give permission for (inspector) to discuss report finding with real estate agents, specialists or repair persons for the sake of clarification. We are authorized to distribute copies of the Inspection Report to those directly involve in this transaction, unless otherwise instructed in writing.
WARRANTIES: Client acknowledges that the inspector makes no guarantee or warranty as to any of the following: 1.That all deficiencies will be identified or that the inspector will pay for repairs of undisclosed defects. 2. That any of the items inspected are designed, constructed, and/or installed in a good and workman-like manner. 3. That any of the items inspected will continue to perform in the future as they are performing at the time of the inspection. 4. That any of the items inspected are merchantable or fit for any particular purpose. There are no warranties, either expressed or implied. If you would like a warranty or guarantee you must obtain it from a warranty company. Any system listed as not functioning or deficient should be fully evaluated by a qualified specialist. At time repairs are made, the qualified specialist should evaluate the entire system at the conclusion or the repair to confirm that all aspects of the system are in proper working order. The Client agrees to contact a qualified specialist to make further evaluations of the items before you purchase the home. This inspection is essentially visual, it is not technically exhaustive and it does not imply that every defect will be discovered. It the Client is not satisfied with the quality of services rendered and desires a full refund, he or she must call Inspector and request refund within 24 hours after delivery of report.

DISPUTE RESOLUTION: If the Client questions the accuracy or adequacy of the Inspectors Report. Client agrees to notify the Inspector within two (2) days of the date the client discovers the basis of the dispute. Client agrees to allow seven (7) days to the Inspector to re-inspect the property or employ others to re-inspect the property before any corrective action is taken. Client agrees not to disturb or repair or have repaired anything which might constitute evidence relating to a complaint against the Inspector. The client agrees and understands that any repairs or corrective action taken without consultation with the Inspector relieves the Inspector of any and all liability. In the event a dispute cannot be resolved by the Client and the Inspector, the parties agree that any dispute or controversy shall be resolved by mandatory and binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to chapter 171 of the Texas Civil Practice & Remedies Code and in accordance with this arbitration agreement and the commercial arbitration rules of the AAA. In the event the purchaser files suit against Inspector, the Client agrees to pay all company’s legal fees, cost of expert witness, court costs, cost of depositions and all other such expenses incurred by Inspector if the Client fails to prevail in the lawsuit.
LIMITATION OF LIABILITY: The Client acknowledges that the inspection Fee paid to the Inspector is nominal given the risk of liability associated with performing a home inspection if liability could not be limited. Client acknowledges that without the ability to limit liability, the Inspector would be forced to charge Client much more that the Inspection Fee for the Inspector’s services. The Client agrees and understand that the maximum liability incurred by the Inspector for errors and omissions in the inspection shall be limited to the amount of the fee paid for the inspection, not to exceed $500.00.
ACKNOWLEDGMENT: BY UNDERSIGNING BELOW, CLIENT ACKNOWLEDGES THAT INSPECTOR REQUESTED CLIENT TO FULLY READ THIS AGREEMENT AND TO ASK ANY QUESTIONS BEFORE SIGNING. CLIENT WILL READ THE REPORT ATTACHMENTS AND ADDENDA BEFORE PURCHASING THE PROPERTY. CLIENT’S SIGNATURE SHALL WARRANT A COMPLETE UNDERSTANDING OF THE TERMS AND CONDITIONS HEREIN AND AGREES TO BE BOUND SOLELY BY THESE TERMS AND CONDITIONS. IF THIS IS A JOINT PURCHASE, SIGNEE WARRANTS EXPRESSED CONSENT AND AUTHORITY TO SING FOR ALL ABSENTEE PARTIES AND SHALL INDEMNIFY INSPECTOR FOR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS BECAUSE OF CLIENT’S ACTS OR OMISSIONS AND ANY ACTIONS BROUGHT FORTH BY OR AGAINST CLIENT’S ABSENTEE PARTNERS (S) WHOSE CLIENT BOUND TO THIS AGREEMENT. THE CLIENT UNDERSTANDS AND AGREES THE REAL ESTATE INSPECTION AGREEMENT IS A PART OF THE INSPECTION REPORT AND ACCEPTANCE OF OR PAYMENT FOR THE INSPECTION REPORT BY THE CLIENT WILL CONFIRM THIS AGREEMENT, EVEN IF THE CLIENT WAS NOT PRESENT AT THE INSPECTION AND/OR HAS NOT SIGNED THIS AGREEMENT. IT IS UNDERSTOOD AND AGREED THAT INSPECTOR AND CLIENT ARE BOUND ONLY BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE NOT RELIED ON ANY OTHER REPRESENTATION.