ASHI Home Inspector - Austin Texas
Here is a copy of Bob’s pre home inspection agreements that he requires his clients to sign prior to the inspection date. The agreement is critical for the client to know what is required of his home inspector in Austin & what the clients responsibilities are before the home inspection begins. Please read over this agreement. It is the same you will receive. If you do not agree or cannot abide with this agreement, then you will need to find another home inspector.
Smith Inspection Services, Inc.©
10109 Majorca Drive Austin, Texas 78717-4515 Office: 512-335-2850 Fax: 512-857-0089
CONTRACT FOR INSPECTION SERVICES
Client/Purchaser: Date of Inspection: , 2008 Time: .m.
Property Address: City/State: TX
Structure: X Single Family
1. Scope. Inspection criteria and parameters shall be the Standard of Practice (SoP’s) pertaining to the licensing of Real Estate Inspectors found in the TEXAS REAL ESTATE LICENSE ACT, made part of this agreement. Inspection shall be limited to primary structure unless otherwise indicated on the report. Only those elements indicated on written report as “inspected” shall be inspected. This inspection is good only for the day that it was performed. Conditions of the structure and its components can change from one day to the next. On-site conditions existing at time of inspection, which encumber or preclude inspection shall prevail over the reporting requirements and will result in the limited or incomplete reporting. Estimation of encumbrances and precluding conditions shall be at the sole discretion of the Inspector. Inspector has no responsibility, express or implied, for latent defects or for defects not reasonably observable at the time of inspection or for defects that would require the removal of major or permanent coverings for observation. Inspector makes no representations concerning the future performance of any item. Inspection is not intended to detect all defects or discrepancies, latent or existing. Opinions rendered are based on the information available to us at the time of the inspection. Inspection report intends to reduce client(s) risk; but will not eliminate client’s risk. Client is advised to ask for & keep all service repair invoices & warranties of service. Inspection report does not include identifying cosmetic faults (regular maintenance items, i.e. soiled carpets, sheet rock blemishes, etc.) which homeowner is expected to perform on a routine basis.
2. Accessibility. Client agrees to make ready or arrange to have made ready all areas of the structure prior to time and date stated above; to provide all normal utilities (Electric, Water and Natural Gas) to the structure and to ensure all equipment is operational by means of normal controls. Failure to make ready may result in incomplete reporting or delays for rescheduling. Failure to make ready shall be considered reasonable cause for additional charges of $125 per hour for re-inspection if necessary or delayed time.
3. Fees and Client Responsibility. The inspection fee is $____. Client(s) agrees to pay for said service. Payment is due upon completion of the inspection or upon delivery of report. Client agrees to pay the above referenced inspection fee and additional fees for systems or components that were not disclosed (or if utilities not turned on) at the time inspection was scheduled. Client agrees to pay for all expenses incurred by SIS for invalid payment or non payment. Out of pocket fees to pursue client for invalid or non payment will be the inspection fee, $125/hour of time spent by SIS plus all attorney fees & court cost. If payment remains delinquent for 30 days or more, SIS/Inspector has discretionary right to turn client into a collection agency. At that time client will have sole responsibility to clear their name & judgments with the collection agency. Client has 48 hours prior to inspection time to cancel without charge. If client cancels inspection within 48 hours of scheduled time, client agrees to pay for one half of the inspection cost payable within 7 days to SIS.
4. Limited Total Liability. Client accepts and agrees that total liability by SIS is limited to the lesser amount of the inspection fee or cost of repairing any listed item not reported as in need of repair at time of inspection or damaged during the inspection.
5. Complaints. If the Client discovers upon move in that a defect or deficiency was concealed by owner(s) & not detected by Inspector, then Client agrees to take all reasonable steps to contact owner(s) & resolve matter prior to contacting Inspector. If the Client lodges any complaint in regard to the inspection or report, Client agrees that time is of the essence. Written notification of any alleged defects or deficiencies must be reported to SIS within 14 days after closing date. Repairs will not be allowed to commence before SIS or hired representative by SIS is allowed to view alleged defect or deficiency except to prevent major damage or mitigate life threatening conditions. Within 7 days of written notice, SIS has the right to re-inspect and to determine if the alleged deficiency was (a) within the defined scope of reporting requirements of the TREC Standards of Practice and (b) existed at time of the inspection. If SIS determines that an error or omission was made, SIS shall be allowed to remedy, by repairing or replacing said deficiency or refund fees (as stated in Article 3), whichever is less, and shall be held harmless by Client thereafter. In the event SIS or its representative determines that SIS has not committed an error or omission, Client agrees to compensate SIS at a minimum rate of $125 per hour including travel time and incurred expenses. Client(s) failure to comply with any of the requirements of this section acquits SIS and Inspector of any responsibility for present or future claims.
6. Dispute Resolution and Arbitration. It is agreed to by the parties that in the event any claims or disputes cannot be amicably settled through direct communication between the parties, such claims or disputes shall, on written request of one party served upon the other, be submitted to binding arbitration in accordance with and governed by the provisions of the Texas General Arbitration Act, Articles 224 through 238-6 of the revised Civil Statutes of Texas. The appointed arbitrator shall be mutually chosen by both parties. Both parties agree to abide by the ruling of the arbitrator. The mutually accepted standards against which the inspection and report will be judged are the Standards of Practice as stated in “1. SCOPE” above. If the client initiates arbitration and fails to prevail in all claims, client will assume the defense of, protect, save harmless & indemnify inspector by paying attorney’s fees, expert witness fees, cost of arbitration, all lost wages of Inspector& all other fees incurred by SIS and Inspector.
7. Disclaimers. NO WARRANTIES OR GUARANTEES are made by the inspector or in the inspection SIS, express or implied, to Client or any other person regarding representation of the future performance of any element of structure. The inspection and report are not warranted for merchantability. Protection against financial loss is available through the Clients purchase of insurance provided by insurance or warranty companies. When an item is noted as not functioning or in need of repair, replacement or for further evaluation by a specialist, the Client agrees to contact a qualified specialist to make further evaluations of the item BEFORE they purchase the property. The Limited property Inspection is not offered nor intended to replace direct consultation with Building Trade Professionals. The inspection and report are neither offered nor intended to eliminate the Clients risk as a Buyer or Seller of the inspected property.
8. Exclusions. (General Exclusions) Inspector does not inspect water wells, septic systems, security systems, low voltage wiring, refrigerators, ice makers, fire protection equipment. Items concealed, missing, underground, behind fastened covers or not otherwise easily accessible, which require moving furniture or personal or stored items, lifting or removal of floor coverings. Any test which might cause damage to structure is not performed. Any environmental evaluation to determine the presence or absence of any suspected hazardous substance including, but not limited to; water supply quality, water supply quantity, air quality, asbestos, asbestos-containing materials, dust, bacteria, molds, fungi, carbon monoxide, combustible gasses, electromagnetic fields, formaldehyde, lead dust, lead paint, lead solder, noise, pesticides, radon gas, or conditions which may cause these hazards or any other toxic, carcinogenic, unhealthy or malodorous conditions. Any information from a seller’s disclosure, governmental agency, or any other source concerning previous property conditions, geological conditions, flooding conditions, hazardous waste conditions, etc. Any violations of building codes, ordinances or other such conditions located on or about the subject property. This includes governing codes, ordinances, permitting, zoning, land use requirements, and/or statutes. Performance to manufacturer specifications or requirements for installation, design or sizing of equipment. Any other component or system explicitly omitted from the survey report by notation or regulation.
(Specific Exclusions – including, but not limited to) Concealed evidence of any damage or concealed evidence of any defect. Any opinion regarding latent defects, energy efficiency, habitability, suitability or insurability. Ancillary electric equipment, attic power vents, automated control systems, photoelectric controls, thermostatic controls, timer or time keeping controls, remote controls, exterior lighting, security systems, intercoms, speaker systems or signal distribution systems, including television, radio, telephone, data, etc. Detached structures (other than those specifically listed in report) including flatwork, sidewalks, driveways, gazebos, waterfront structures, fences, retaining walls, etc. Shower pan performance (Inspector will report visible and factual findings only). Underground components, including sewage disposal systems, plumbing, piping, drain tile, conduit, wiring, etc. Fire alarms, fire suppression equipment, lighting suppression equipment and water treatment equipment. Non fixed appliances such as washers, dryers, refrigerators, microwaves and window cooling units. Solid fuel stoves, space heaters, or solar heating devices. Play equipment, saunas or steam baths. Adequacy of utility services, utility distribution systems, mechanical integrity of plumbing and connections. Presence or damage due to wood destroying insects or organisms, pest or vermin. Wood Destroying Insect (WDI) is a separate report.
9. Choice of Law. This contract shall be construed under, and in accordance with, the laws of the State of Texas. The parties also agree that all negotiations with reference to this contract and performance of all obligations hereunder, shall be performable in Williamson County, Texas.
10. Invalid Terms Severable. If any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
11. Agreement Acceptance. The client understands and agrees that this inspection contract is a part of the inspection report and acceptance of the inspection report(s) and/or payment of the fee will therefore constitute acceptance of this contract. This contract represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this contract. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. Client, by accepting the inspection report or relying upon it in any way, expressly agrees to the inspection contract conditions. If there is more than one client, the signature below represents authority to sign for all parties. Client’s representative can sign in place of Clients. A digital or faxed signature can be accepted and is the same as an original signature.
12. Exclusivity. Inspector’s Property Inspection Report is prepared exclusively for Client and is not transferable to anyone in any form without permission from Client or Inspector. Inspector gives permission for the inspection report findings to be discussed with real estate agents, mortgage loan officers, specialists, or repair contractors related to this contract only. This inspection report may not be forwarded or released to other persons of a different real estate contract. The inspection report may not be released to the media for any reason. The inspection report cannot be used or relied upon by anyone that is not named in this contract. Violators of this contract & SIS inspection report are subject to prosecution under the Texas Civil Statutes.
Client(s) acknowledges that they have read this contract, including the inspection limitations contained therein, and will read the Property Inspection Report, and that they understand the terms, conditions, and limitations of this contract and agree to be bound by them.
SIGNED this ____ day of _________________, 2008 (Signed before time of inspection)
__________________________________________ Client’s or Representatives Signature
ASHI Home Inspector - Austin Texas