Tom Nichols Professional Inspector Inspection Agreement
This INSPECTION AGREEMENT (hereinafter “Agreement”) is entered into on this day of __ __________ between Tom Nichols Professional Inspector (hereinafter “Inspector”) whose License Number is 10505 and __________________________ (hereinafter “Client”). The Client agrees to pay and inspection fee of $ _________ in exchange for an inspection of a written report (hereinafter “Inspection Report”), for the property (herein after “Property”) located at ___________________________________________________________________________. Payment by Client is due at the time of physical inspection. A verbal will be report given after inspection and written report within 48 hours, via email. Inspection Date: ______________ Approximate beginning time of inspection:_______ PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING I. Scope of Services A. In exchange for the Inspection Fee Paid by Client, the Inspector agrees to provide the Client with and Inspection Report setting out the Inspector’s professional opinions concerning the condition of the Property further described in the report. The inspection will be performed in accordance with the Standards of Practice promulgated by the Texas Real Estate Commission. The Inspector will attempt to indentify visually observable major deficiencies in the condition of the inspected systems and components with the subject Property at the time of the inspection. The information provided by this inspection may help reduce, but not eliminate the risks associated with the purchase of this property. Therefore, the Client acknowledges that the Inspection Report may not identify all defects or problems. B. The inspection is limited to those items which can been seen, easily accessed and/or operated by the Inspector at the time of the inspection as set out in the Inspection Report. The Inspector will not remove walls, floors, wall coverings, floor coverings and other obstructions in order to inspect concealed items. Systems and conditions which are not specifically addressed in the Inspection Report are excluded. C. The Inspector may indicate one of the following opinions regarding a particular item: (1) The item is performing its intended function at the time of the inspection; (2) the item is deficient; or (3) further evaluation by an expert is recommended. II. Inspection Report A. The Inspection Report provided by the Inspector will contain the good faith opinions of the Inspector concerning observed deficiencies, if any, on the day of the inspection, or further evaluation by experts of the items inspected. All statements in the report are the Inspector’s opinions and should not be construed as statements of fact or factual representations concerning the Property. By signing this Agreement, the Client understands that the services provided by the Inspector fall with the Professional Services Exemption of the Texas Deceptive Trade Practices Act (“DTPA”) and agrees that no cause of action exists under DTPA related to the services provided. B. Some items are randomly examined. Some examples of randomly examined items include: windows; electrical plug continuity, polarity etc.; switch and light operation; Ground fault interrupt operation; roof shingle condition; siding material and other large surface area items’ condition; secure mounting of light fixtures, cabinets, door knobs, locks etc.; mortar condition;. accessible insulation depth or thickness; door operability; and other items for which it is impractical to evaluate the entire area or system even if it is accessible, visible etc. C. Unless specifically stated, the report is not intended to cover any of the following: recreational, leisure, playground or decorative equipment or appliances including but not limited to pools, hot tubs, saunas, steam baths, landscape lighting, fountains, shrubs, trees, and tennis courts; cosmetic conditions (wallpapering, painting, carpeting, scratches, scrapes, dents, cracks, stains, soiled or faded surfaces on the structure or equipment, soiled, faded, torn, or dirty floor, wall or window coverings etc.); noise pollution or air quality in the area; earthquake hazard, liquefaction, flood plain, soil, slide potential or any other geological conditions or evaluations; . engineering level evaluations on any topic; existence or non-existence of solder or lead in water pipes, asbestos, hazardous waste, radon, mold, urea formaldehyde urethane, lead paint or any other environmental, flammable or toxic contaminants or the existence of water or airborne diseases or illnesses and all other similar or potentially harmful substances (although the inspector may note the possible existence of asbestos in ceiling texture if, in his experience the materials appear to possibly contain asbestos); zoning or municipal code (e.g. building, fire, housing (existing buildings), mechanical, electrical, plumbing, etc. code) restrictions or other legal requirements of any kind; any repairs which relate to some standard of interior decorating; cracked heat exchangers or similar devices in furnaces; any evaluation which requires the calculation of the capacity of any system or item that is expected to be part of the inspection. Examples include but are not limited to the calculation of appropriate wattage or wiring of kitchen appliances, appropriate sizing of flues or chimneys, appropriate ventilation to combustion based items (e.g. furnaces, water heaters, fireplaces etc.), appropriate sizing, spacing and spanning of joists, beams, columns, girders, trusses, rafters, studs etc., appropriate sizing of plumbing and fuel lines, etc.; washers and dryers; circuit breaker operation; specialty evaluations such as private sewage, wells, solar systems, alarms, intercom systems, central vacuum systems wood and coal stoves, pre fab and zero clearance fireplaces, space heaters, sprinkler systems, gas logs, gas lights, elevators and common areas unless these have been specifically added to the inspection description above but only to the degree that the inspector is capable of evaluating these items; fireplace drafting; to prevent damages to units, air conditioning when outside temperature below 60 degrees F; heating system accessories (e.g. humidifiers, electronic air cleaners etc.); presence of termites or other wood-destroying organisms; flood conditions or plains; or the insurability, efficiency, quality, durability, future life or future performance of any item inspected. any other characteristics or items which are generally not included in a building inspection report on a regular basis. D. 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 effect the desirability and/or market value of the Property. E. As noted above, the Inspection Report may state that further evaluation of certain items is needed by and expert in the field of the item inspected. By signing this Agreement, Client acknowledges that qualified experts may be needed to further evaluate such items as structural systems, foundations, grading, drainage, roofing, plumbing, electrical systems, HVAC, appliances, sprinkler systems, fire/smoke detection systems, septic systems, and other observable items as noted in the report. III. Disclaimer of Warranties The Inspector makes no guarantee or warranty, expressed or implied, as to any of the following: 1. That all defects have been found or that the Inspector will pay for repair of undisclosed defects; 2. That any of the items inspected are designed or constructed in a good and workmanlike 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; and 4. That any of the items inspected are merchantable or fit for any particular purpose. IV. Limitation of Liability By signing this agreement, the Client acknowledges that the Inspection Fee paid to the Inspector is nominal given the risk of liability associated with performing home inspections 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 than the Inspection Fee for the Inspector’s services. By signing this Agreement, the Client agrees to liability being limited to the amount of the Inspection Fee paid by the Client. V. Dispute Resolution In the event a dispute arises regarding an inspection that has been performed under this Agreement, the Client agrees to notify the Inspector within ten (10) days of the date the Client discovers the basis for the dispute so as to give the Inspector a reasonable opportunity to re-inspect the property. The Client agrees to allow re-inspection before any corrective action is taken. The Client agrees not to disturb or repair or have repaired anything which might constitute evidence relating to a complaint against the Inspector. Client further agrees that the Inspector can either conduct the re-inspection himself or can employ others (at Inspector’s expense) to re-inspect the property, or both. 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, except that the parties shall mutually agree upon and Arbitrator who is familiar with the real estate inspection industry and the Standards of Practice promulgated by the Texas Real Estate Commission. VI. Attorney’s Fees The Inspector and the Client agree that in the event any dispute or controversy arises as a result of this Agreement, and the services provided hereunder, the prevailing party in that dispute shall be entitled to recover all of the prevailing party’s reasonable and necessary attorney’s fees and cost incurred by that party. VII. Exclusivity The Inspection Report is to be prepared exclusively for the Client named and only upon written permission, by Client, may the report be released, in any form to anyone, by the Inspector.. However, Client gives permission for the Inspector to discuss report findings with Real Estate Agents, specialists, or repair persons for the sake of clarification. BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT AND THE ATTACHED DOCUMENTS, IF ANY; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS IS OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.