This INSPECTION AGREEMENT (hereinafter “Agreement”) is entered into on this day , between Square House Home Inspector (hereinafter “Inspector”) TREC License Number , and (hereinafter “Client”). The Property to be inspected is (hereinafter “Property”).
Client (named above) requests a limited visual structural/mechanical real estate inspection of the subject property to be conducted by Square House (Marler Inspections L.L.C.) inspector (named above). Client warrants that they will carefully read the entire inspection report and will promptly call the inspector with any questions at (512) 828-1980. If client is married, client represents that this obligation is a family obligation incurred in the interest of the family, and client represents spouse or partner in this matter. Client and inspector understand that they are bound by all the terms of this agreement.
1. FEES: Client agrees to pay fee of for the performance of the inspection. A twenty five dollar ($25) charge is applied for all returned checks. Payment must be received and this contract agreed to prior to the release of any reports.
2. SCOPE OF INSPECTION: This inspection, which is a PROFESSIONAL SERVICE CONSISTING OF OPINIONS ONLY, is a non-invasive LIMITED VISUAL EXAMINATION of the inspected systems. The purpose of this inspection is to inform the client of visually observable major deficiencies in the condition of the inspected systems at the time of the inspection. The inspection and report is not intended to be technically exhaustive, nor is it intended to identify every detail about the property as it is virtually impossible to fully profile any building with any reporting system. This report does not imply that every defect latent or otherwise has been detected and or reported on. The inspection shall be performed in accordance with the Standards of Practice of the Texas Real Estate Commission (TREC), which are available for review at: http://www.trec.state.tx.us. The inspection is intended to reduce risk, but will not eliminate all risk. Therefore you are advised that a more thorough and invasive inspection can be purchased from others that exceed the scope of this inspection.
3. WHAT’S NOT INSPECTED: The Inspector will not be responsible for inspecting the following: pools and spas, detached buildings, playscapes, water filters and softening equipment, septic systems, ejector pumps, refrigerators, clothes washers and dryers, alarm systems, home audio systems, gas lines, gas tanks. In addition, the inspection and report do not, and are not intended to address, asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals or substances, toxins, mold, mildew, fungus, or other pathogens of any kind, water or airborne diseases, rodents and insects, retaining walls, buried plumbing or electrical systems. The inspection and report does not address building code and regulation compliance. The client is urged to contact a competent specialist if inspection of the above is desired. In addition, the Inspector does not inspect any items, components, systems or areas that are not fully viewable, accessible and safe to inspect. It is understood between the Inspector and the Client that many components and areas of the house are simply not accessible. All concealed conditions are beyond the scope of this inspection. The inspection does not involve dismantling or moving of any equipment, furniture, stores items while conducting an inspection. The Inspector does not report on conditions concealed in or under foundations, wall cavities, inaccessible areas of attics and crawl spaces and areas of framing and roofs that are not safe to access.
4. LIMITED WARRANTY: The inspection & report IS NOT TO BE CONSIDERED A GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED and it should not be relied on as such. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to the property, systems, components, or contents therein. Client waives any claim for consequential, exemplary or incidental damages. Client acknowledges that the Inspector warrants only that the inspection will be performed in accordance with the scope herein, the inspection report & the standard of practice of the Texas Real Estate Commission. This is a limited and nontransferable warranty and is the only warranty given by the Inspector. The Inspector makes and Client receives no other warranty, expressed or implied. All other warranties, including warranties of merchantability and fitness for a particular purpose, are expressly waived by the Client.
5. LIMITATIONS ON LIABILITY: The liability of the Inspector is strictly limited to the specific areas which were inspected and which were completely accessible at the time of the inspection. If images are provided to the Client, these images may not be used as evidence against the Inspector in any controversy whatsoever. The Client agrees that the Inspector will have no liability for failing to detect a defect, malfunction, inoperative condition, or necessity for repair where the defect, malfunction, inoperative condition or necessary repair was concealed, obstructed or covered up, weather intentional or otherwise. The Inspector’s total liability in the event of any breach of this Contract or of its obligations imposed by law or for any losses, damages, claims or demands arising out of the work and services performed under this contract, SHALL BE LIMITED TO THE AMOUNT OF THE FEE CHARGED FOR THE INSPECTION. Except as provided herein, the Inspector shall not be liable for or obligated in any manner to pay any losses, damages, claims or demands arising out of the work or services performed by it under this contract. Client assumes the risk of losses greater than the refund of the fee paid herein. The Inspector shall assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies, either existing or arising in the future, loss of use, consequential damage or bodily injury. Client specifically agrees to hold Inspector harmless from any claims or liability regarding any areas that have been purposely concealed, covered, touched up or otherwise hidden, unreported or withheld from the Sellers Disclosure. Client agrees the sole recourse is against the Seller thru civil action.
6. OPTIONAL COMPREHENSIVE INSPECTIONS: The level of service requested by the client is a limited visual inspection performed in accordance with the standard of practice of the Texas Real Estate Commission. Client acknowledges that the inspector offers more comprehensive inspection services, and that optional and more comprehensive inspections with guarantees are available for substantially greater fees. It is the Clients responsibility to request and purchase such services.
7. FOUNDATION EXCLUSIONS: All foundations listed as in need of repair must be evaluated by a registered structural engineer. It's the Clients responsibility to contact a structural engineer for review prior to closing. Failure by the Client to have the foundation evaluated is done so at the sole risk of the Client and the Client hereby agrees to waive any and all claims against the Inspector regarding foundation or structural movement, damage or failure.
8. WOOD DESTROYING INSECT LIMITATIONS: If a WDI (Wood Destroying Insect) report has been provided by the Inspector, the Inspector specifically states he DOES NOT PROVIDE ANY GUARANTEE nor EXPRESS OR IMPLIED WARRANTY whatsoever. The Inspector does not guarantee that the building is free of Wood Destroying insects or damage at the time of inspection and WILL NOT pay for treatment of undiscovered WDI activity, repair of WDI damage or damage of any kind. See Scope of Inspection section of the Texas Official Wood Destroying Insect Report, from the Texas Department of Agriculture.
9. CONFIDENTIALITY OF REPORT: The report is confidential and is for the exclusive private use of the Client. It is not to be copied or disseminated to any other party outside this Real Estate transaction without the written consent of the Inspector. Use of or reliance upon the report by other parties for other transactions is strictly prohibited. No third party shall have any rights arising from this report and may not rely on the report. In consideration of the furnishing of the report, the client agrees to indemnify, defend, and hold harmless the inspector for all costs, legal fees, settlements, and judgments in any legal proceedings brought by any third party who claims that he/she relied on representations made in such report and was damaged thereby.
10. UNDISCLOSED ITEMS: In the event that an undisclosed item of repair not reported on the Inspectors original inspection report or by the required inspection reports of others is discovered within 180 days of the date of this inspection, the Client agrees to contact Marler Inspections L.L.C. immediately and allow the Inspector to fully re-inspect the item of repair prior to any corrective work. The Client agrees that if any repairs or replacements are done before the Inspector has had the opportunity to fully evaluate the claim, the Inspector is released from all responsibility related to the clam or any associated damages.
11. DISPUTE RESOLUTION: The Client understands and agrees that any claim for failure to accurately report the major visible defects, as limited herein, shall be made in writing to Square House, 6805 Walebridge Ln, Austin, TX 78739 and reported to the Inspector within 10 business days of discovery. The Inspector agrees to respond promptly to any legitimate complaint and to reinspect the portion of the property related to the claimed condition. Client further agrees that the Client and its agents, employees or independent contractors will make no alterations, repairs or replacements to the claimed condition prior to a re-inspection by the Inspector. Client understands and agrees that any failure to timely notify the Inspector and allow adequate time to investigate and reinspect as stated above shall constitute a complete bar and waiver of any and all claims Client may have against the Inspector related to the alleged act, omission or claimed condition. Client agrees that if any controversy of claim arising out of or relating to this contract, or breach thereof, shall be settled first by direct discussions secondly by mediation whereas both parties shall share equally the costs of the mediator and lastly by final, binding, non-appealing arbitration whereas both parties shall share equally the costs of the Arbitration. The parties shall mutually agree upon an Arbitrator who is familiar with the real estate inspection industry and the TREC Standards of Practice. If a lawsuit is filed by the Client against the Inspector and the Inspector successfully defends against the claim, of the Client, the Client agrees to pay the Inspector reasonable attorney fees, court costs and expenses incurred in defending against such claims. If a lawsuit is filed by the Inspector to collect monies due an owing under this contract, Client agrees to pay the Inspector reasonable attorney’s fees, court costs and expenses incurred in such lawsuit.
12. STATUTE OF LIMITATIONS: The parties agree that no claim, demand, or action, whether sounding in contract or in tort, may be brought to recover damages against the Inspector, or its officers, agents, or employees MORE THAN ONE YEAR AFTER THE DATE OF INSPECTION. Time is expressly of the essence herein. Client understands that this time period may be shorter than otherwise provided by law.
13. REQUIRED NOTICE TO CLIENT: State law mandates that you are notified about the Texas Real Estate Inspection Recovery Fund in cases of inspector negligence. For further information contact TREC: 1101 Camino La Costa, Austin, TX, (512) 459-6544.
BY SIGNING BELOW I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS/CONDITIONS OF THIS CONTRACT, AND THE LIMITATIONS/EXCLUSIONS OF THE INSPECTION THAT I WILL RECEIVE. I AGREE TO BE BOUND BY THESE TERMS/CONDITIONS. I ALSO AGREE THAT THE LIMITS OF LIABILITY FOR MARLER INSPECTIONS L.L.C. ARE EXPRESSLY LIMITED TO THE COST OF THE INSPECTION FEES PAID BY CLIENT TO INSPECTOR.
Client Date .
Inspector Date .
(This contract will be sent to client before the inspection to be signed electronically. If signing a hard copy is preferred, contract can be downloaded by clicking here.)