Please read the agreement and indicate approval at the bottom
Client - The person or party who employs CIS to perform the inspection.
CIS - Cahill Inspection Services and its inspectors, employees, subcontractors or assigns.
Inspector - A person licensed by the Texas Real Estate Commission (TREC) to perform inspections.
TREC - The State of Texas Real Estate Commission.
Accessible - Capable of being approached, entered, or viewed from ground level without hazard to the inspector; without having to climb over obstacles or by moving items; without disassembling items or the risk of damaging the property.
Inspection - A time-limited general inspection of accessible areas of the property. The inspection objective is to report the inspector's opinion regarding defects judged by the inspector to be material and subject to further investigation by the Client. On-site time is about one inspector hour per thousand square feet and can vary depending on property condition or other circumstances. Some minor items may be reported as a courtesy.
Standards of Practice -
The Standards of Practice
are promulgated by TREC and are used solely as a guideline by CIS. The TREC Standards of Practice are at this link and are an addendum to this report.
Material defect - In the judgment of the inspector, a condition that adversely and materially affects the performance of a system, or component. A material defect is not an accumulation of similar minor conditions.
Performance - Achievement of a function relative to accepted industry practices with consideration of normal wear and tear from ordinary use. Life expectancy and compliance with building code or manufacturer instructions are excluded.
Opinion - The first impression opinion of the inspector which can vary depending on experience, apparent or changing conditions and additional relevant information.
Report - A report produced on a
TREC promulgated form
that is delivered by CIS to Client via email.
ATTORNEY REVIEW: The Texas Real Estate Commission reminds the Client of the option to have their attorney review this contract prior to closing to assure no ambiguous or unclear language against the Client exists.
DATE OF CONTRACT: Real estate transactions can be time constrained by the Client schedule or a real estate contract option period. As a courtesy to the Client, CIS may conduct the inspection before the Client approves the inspection contract. Any sense of urgency caused by the Client schedule or real estate contract option period should not preclude diligent review of this contract and the inspection report by the Client.
INSPECTION: CIS will perform a limited inspection of the property shown above for the client shown above. The date of inspection will be specified in the inspection report. Client agrees that CIS departs from the TREC Standards of Practice as a requirements document and instead uses them as a guideline.
The inspection is a limited visual survey and basic performance evaluation of accessible items using normal controls.
The inspection is not a comprehensive investigation. The inspector is not required to use specialized tools or equipment; inspect to building code or manufacturer instructions; inspect for asbestos, mold, termites or toxins.
While some comments may be associated with safety, the inspector is not required to designate anything as safe or unsafe. This is not a safety inspection.
TREC Standards of Practice are complex. Please contact John Cahill to discuss any question you may have.
FEE AND PAYMENT: Client agrees to pay the inspection fee prior to written report delivery and no later than three days after the date of inspection. The inspection fee may be agreed upon and specified via electronic media such as e-mail.
REPORT DELIVERY: CIS will deliver the report to Client and their representative via e-mail after receipt of this contract and payment. Delivery is generally made within two days of the inspection. Client agrees to contact CIS if the report has not been received in the time specified.
REVIEW OF CIS REPORT: Any particular concern of Client should be brought to the attention of the inspector before the inspection concludes and ideally before it begins. The inspector is available to provide a brief oral review of significant discoveries, generally not to exceed 30 minutes, at the end of the inspection. All written comments by the inspector supersede oral comments. The inspector is also available to review the written inspection report over the phone for a reasonable time without additional charge to the Client. CIS is available to discuss the report with the Client seven days a week, evenings included, within schedule availability.
NOTICE OF DISSATISFACTION: Any claim arising out of or related to any act of CIS in connection with the inspection shall be made in writing and provided to CIS within fourteen business days of discovery and to allow CIS a reasonable opportunity to inspect the issue giving rise to the claim before undertaking any repairs. Client agrees that a failure to comply with the terms of this paragraph shall constitute a waiver of such claim.
DISPUTE RESOLUTION: In the event of a dispute, Client and CIS agree that any dispute shall be submitted for final and binding arbitration under the Rules and Procedures of a mutually agreed Arbitration Services company pursuant to Chapter 171 of the Texas Civil Practice & Remedies Code. In the event of dispute resolution or litigation relating to the terms of this agreement or the inspection, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs.
SEVERABILITY: If any provision or provisions of this contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
NOT A WARRANTY OR GUARANTEE: The Client agrees that CIS makes no guarantee or warranty, express or implied: (a) that all defects or conditions have been found; (b) that CIS or the Inspector will pay for repair of undisclosed defects; (c) that any of the items inspected will continue to perform in the future as they were performing at time of the inspection. The inspection procedure is essentially visual and is not designed to be diagnostically or technically exhaustive, therefore an inherent risk remains that undiscovered problems exist or future problems will develop.
OTHER DOCUMENT REVIEW: Unless stated, the CIS inspection does not include a review of prior inspections, reports, disclosures or repair documentation. Unless specified, any courtesy document review by CIS is cursory and other report information is not verified.
CLIENT PRIVACY RESPONSIBILITY: The Client is solely responsible for supervising or excluding persons whom the Client does not want listening to the inspector's oral comments. The Client is informed that many modern homes have monitoring technology.
CLIENT RESPONSIBILITY TO SUPERVISE: Client agrees to be responsible for other persons invited to the property by the Client or Client representative during the CIS inspection. This includes persons such as relatives, friends, contractors, engineers or other inspectors. CIS is not responsible to supervise anyone other than themselves.
OCCUPANT HOLD HARMLESS: CIS cannot provide access to Client visitors without specific permission from the owner, tenant or their representative. If it is desired for CIS to provide access to others during the inspection then the Client agrees to have the occupant or seller representative provide approval to CIS via e-mail or text. The written statement from the occupant or seller representative must state something like "[occupant or representative name] gives permission to Cahill Inspection Services to provide unsupervised access of the property to [specify name] and agrees to hold CIS harmless for any actions by the visitors".
CLIENT RESPONSIBILITY TO NOTIFY SELLER OR TENANT: Client agrees to assure the property owner, occupant and applicable real estate agents are notified of the inspection date and time. CIS will help in gaining access via Central Scheduling Services (CSS) however Client acknowledges that access responsibility is that of the Client, applicable real estate agents, owner, and occupants. If occupants are tenants then a buyer or seller representative must be present throughout the inspection.
WAIVER OF SUBROGATION: Client agrees this report is not transferable or assignable. Client agrees to preclude the home buyer’s insurance company from recovering damages against CIS, the inspector, their insurance providers or any other fund even if the insurer pays the Client for a claim submitted under a policy of insurance for damage to life, limb or property which should have been discovered by the inspector. Waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
INSPECTION PREPARATION: Client agrees to notify their representative and the seller to make the property accessible for inspection. The inspector does not move stored items to gain access. This includes access to electrical panel boxes, attics, crawlspaces, attics, water heaters, etc. Pets should be safely contained. The inspector does not provide pet care.
RETURN TRIP CHARGE: Return trip charges are subject to a fee of $150.00 per hour including travel time, on-site time and reporting time. Return trips to inspect repairs done after the inspection are not offered.
LIMITATIONS OF CIS LIABILITY: Client agrees, to the fullest extent provided by law, that CIS total or aggregate liability shall not exceed the amount of the fee paid.
CIS liability is limited to the report fee in order to provide a lower cost service to the Client. An inspection having increased liability, up to the statutory requirement for CIS professional liability insurance, is available for a higher fee and will take more time to complete. Nothing prevents the Client who desires a higher CIS liability from contacting CIS to discuss the terms and cost of service. All changes to this agreement must be in a written agreement between CIS and the Client.
BINDING ON OTHERS: This contract shall be binding upon and inure to the benefit of the parties hereto and their respective spouses, heirs, and successors. The contract and inspection are not transferable or assignable to any other party.
E-SIGN AND CONSENT AGREEMENT: The undersigned have reviewed this document, understand its content and agree to the terms and conditions contained herein. By signature below the client acknowledges they have read this contract; that they understand the terms and conditions; that client is bound by these terms and conditions; that the client will read the report in their entirety before closing. If this is a joint purchase, the client's signature warrants expressed consent and authority to sign for all unsigned parties.