Please read the agreement and indicate approval at the bottom
INSPECTION AGREEMENTS AND CONTRACT
ATTORNEY REVIEW: The Texas Real Estate Commission reminds the Client of the option to have their attorney review this contract prior to a binding obligation regarding the property to assure no ambiguous or unclear language against the Client exists.
TIME IS OF THE ESSENCE: Real estate transactions are often time-constrained by the Client schedule or a real estate contract option period. As a courtesy to the Client in order to aid unknown time constraints, CIS may conduct the inspection before the Client approves the inspection contract. Any obligation 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 SERVICE: CIS will perform an inspection of the property at the address above. The date of the 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.
SCOPE OF INSPECTION: The Scope of inspection is explained by the TREC Standards of Practice which are an addendum to the report. The Texas Real Estate Commission Standards and report form contain many limitations.
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, this is not a safety inspection.
Unless stated the inspection departs from inspecting: smoke/carbon monoxide alarms; fireplaces; safety devices. The inspector does not walk on roofs that are steep, tall, or where damage may occur. Confined hazardous areas such as crawl spaces and attics are inspected from a distance and in a cursory manner.
FEE AND PAYMENT: Client agrees to pay the inspection fee prior to written report delivery. 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 working 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. The inspector is also available to review the written inspection report over the phone for a reasonable time without additional charge to the Client.
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. The client agrees all disputes involving a regulatory agency, arbitration, or litigation process are bound by the terms of this contract.
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 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.
CLIENT RESPONSIBILITY TO NOTIFY SELLER OR TENANT: The 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 is argued to be an inspection discovery requirement. 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: The 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 $125.00 per hour including travel time, on-site time, and reporting time. Return trips to inspect repairs done after the inspection are not offered.
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.
LIMITATIONS OF CIS LIABILITY: Client understands and agrees: (a) that the inspection fee paid to CIS is small relative to the liability associated with performing home inspections and that without the ability to limit liability, CIS would be forced to charge Client much more than the inspection fee agreed upon; (b) Client agrees that CIS and CIS insurance total liability is limited to the amount of the Inspection Fee paid; (c) Client may have this Agreement reviewed by counsel of their choosing; (d) that the services provided by the Inspector fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act ("DTPA") and agrees that no cause of action exists under the DTPA related to the services provided.