Houston Jacob Home Inspection Agreement
Inspection Agreement Client Name:
Zip: Date of Inspection:
Please read this contract carefully. Make sure you understand it before you sign. When you sign this contract, you are agreeing to the following terms and conditions. You are employing the Company Houston Jacob Home Inspection, to perform a real estate inspection on the property located at the address above, and you agree to pay the inspection fee at the time of the inspection (or at closing if arrangements have been made).
Scope: The inspection will be performed in accordance with the Standards of Practice currently promulgated by the Texas Real Estate Commission. The Standards of Practice list the items that are to be inspected, and the conditions that are to be reported as a deficiency if these conditions are observed. The inspection is a limited, non-invasive visual examination with the objective of detecting major defects. Minor deficiencies that are observed may be included in the report; however that does not imply that all minor deficiencies that exist in the property will be included in the report. In some cases further evaluation by a licensed professional, specialist, or expert may be required to reach a conclusion regarding the condition of the item.
Limitations: The inspector will attempt to identify reportable conditions with the items listed in the Standards of Practice. The inspector will evaluate only those items or conditions that are present at the time of the inspection, and are visible and readily accessible. The information provided by this inspection may help reduce, but not eliminate the risks associated with the purchase of this property. The report may not identify all defects or problems with the property. This is not a code compliance inspection; however some building codes may be used as a reference for the inspector’s opinions.
Per the departure provision set forth in the Standards of Practice, you are hereby advised that the following items are not inspected: Deficiencies in the fastening of roof covering materials are determined only to the extent possible by visual inspection from readily accessible locations without lifting shingles or otherwise damaging the roof covering materials. Smoke alarms are not tested. Additional limitations and departures from the Standards of Practice will be explained in the inspection report.
Disclaimer of Warranties: Houston Jacob Home Inspection makes no guarantee or warranty that all defects have been discovered, that the inspector or Houston Jacob Home Inspection will pay for repair of any undisclosed defects, that any of the items inspected are designed or constructed in a good and workman like manner, that any of the items inspected will continue to perform in the future as they were performing when inspected, or that any of the items inspected are merchantable or fit for any particular purpose.
Your Response: You must agree to read this contract, the inspection report, and any other documents provided to you by Houston Jacob Home Inspection. If the inspection report indicates that any items are deficient or further evaluation is recommended, you are not required to take any corrective action. However, if you do take any corrective action you must agree to have the work performed by a licensed professional or qualified specialist in the category. You must also agree to contact Houston Jacob Home Inspectionbefore closing on the property if there are any questions about the inspection report.
Exclusivity: The inspection report is prepared exclusively for you and is not transferable to anyone else in any form. You are giving permission for Houston Jacob Home Inspection to provide a copy of the report to your real estate agent and to discuss report findings with real estate agents, specialists, or repair persons for the sake of clarification.
Limitation of Liability: You must agree that the maximum liability incurred by Houston Jacob Home Inspection or the inspector for errors and omissions in the inspection shall be limited to the amount of the fee paid for the inspection.
______ With your initials, you acknowledge this limitation of liability, you understand that the inspection fee would be significantly increased with no limitation of liability, and you have chosen the limited liability option.
You are hereby advised that the services provided fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act (DTPA), and you agree that no cause of action exists under the DTPA related to the services provided.
Dispute Resolution: In the event a dispute arises regarding an inspection that has been performed under this agreement, you must agree to notify Houston Jacob Home Inspection within ten (10) days of the date you discover the basis for the dispute so as to give Houston Jacob Home Inspection reasonable opportunity to re-inspect the property. You must agree to allow re-inspection before any corrective action is taken. You must agree not to disturb or repair or have repaired anything which might constitute evidence relating to the dispute. You must agree that in the event you do not prevail in any dispute or controversy that arises as a result of this agreement and the services provided hereunder, Houston Jacob Home Inspection shall be entitled to recover all reasonable and necessary attorneys’ fees and costs incurred in the defense of the dispute.
Client: ________________ Date__________________:
Inspector: Jacob Cho, Lic.# 21196 Date:___________