This is an Agreement between you, the undersigned Client, and All Around Home Inspection, the Inspector, pertaining to our inspection of the Property at:
The terms below govern this Agreement.
1. The fee for our inspection is $____________________________ payable in full at a time of the inspection and must be paid prior to release of the report.
2. We will perform a visual inspection of the home and buildings requested by the Client and provide you with a written report identifying the defects that is observed and deemed material. The report is only supplementary to the seller’s disclosure provided by the seller or seller’s agent.
3. Unless otherwise noted here in this Agreement; Or not possible to complete, we will perform the inspection in accordance with the current Standards of Practice (SOP) of the Texas Real Estate Commission (TREC) www.trec.texas.gov . You understand that TREC SOP contains limitations, exceptions, and exclusions. You understand that TREC is not a party to this Agreement, has no control over us, and does not employ or supervise us. You understand the inspector preforming the inspection may have limitations in attic spaces and crawl spaces. The inspector reserves the right to exclude or make exception in accordance to TREC SOP for the safety of the inspector.
4. We will NOT test for the presence of radon, a harmful gas, or mold. We will NOT test for compliance with applicable building codes or for the presence of or for any potential dangers arising from the presence of asbestos, lead paint, soil contamination, or other environmental hazards or violations. If any structure you want us to inspect is a log structure or includes log construction, you understand that such structures have unique characteristics that may make it impossible for us to inspect and evaluate them. Therefore, the scope of our inspection will not include decay of the interior of logs in log walls, log foundations or roofs, or similar defects.
5. Our inspection and report are for your use only. You give us permission to discuss our observations with real estate agents, owners, repair persons, or other interested parties. You understand it is your responsibility having repairs or findings of the inspection remedied prior to closing. You will be the sole owner of the report and all rights to it. We are not responsible for use or misinterpretation by third parties, and third parties who rely on it in any way do so at their own risk and release us (including employees and business entities) from any liability whatsoever. If you or any person acting on your behalf provide the report to a third party who then sues you and/or us, you release us from any liability and agree to pay our costs and legal fees in defending any action naming us. Our inspection and report are in no way a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home and buildings or its components. We disclaim all warranties, express or implied, to the fullest extent allowed by law.
6. We assume no liability for the cost of repair or replacement of unreported defects, either current or arising in the future. In all cases, our liability is limited too liquidated damages in an amount not greater than the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages or for the loss of the use of the home or buildings. You acknowledge that this liquidated damages is not a penalty, but that we intend it to: (1) reflect the fact that actual damages may be difficult or impractical to ascertain; (2) allocate risk between us; and (3) enable us to perform the inspection for the agreed-upon fee.
7. We do not perform engineering, architectural, plumbing, or any other job function requiring an occupational license.
8. If you believe you have a claim against us, you agree to provide us with the following: (1) written notification of your claim within seven days of discovery in sufficient detail and with sufficient supporting documents that we can evaluate it; and (2) immediate access to the premises. Failure to comply with these conditions releases us from liability.
9. You agree that the exclusive venue for any litigation arising out of this Agreement shall be in the county where we have our principal place of business. If you fail to prove any claim against us, you agree to pay all our legal costs, expenses and attorney’s fees incurred in defending that claim.
10. If a court declares any provision of this Agreement invalid, the remaining provisions remain in effect. This Agreement represents our entire agreement; there are no terms other than those set forth herein. All prior discussions are merged into this Agreement. No statement or promise by us shall be binding unless reduced to writing and signed by one of our authorized officers. Any modification of this Agreement must be in writing and signed by you and by one of our authorized officers. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. You will have no cause of action against us after one year from the date of the inspection.
11. Past-due fees for your inspection shall result in non-release of your report until payment is made. All past-due fees will be requested prior closing transaction with your title company. You agree to pay all costs and attorney’s fees we incur in collecting the fees owed to us. If the Client is a corporation, LLC, or similar entity, you personally guarantee payment of the fee.
12. If you request a re-inspection, the re-inspection is subject to the terms of this Agreement.
13. You may not assign this Agreement.
14. If a court finds any term of this Agreement ambiguous or requiring judicial interpretation, the court shall not construe that term against us by reason of the rule that any ambiguity in a document is construed against the party drafting it. You had the opportunity to consult qualified counsel before signing this.
15. If there is more than one Client, you are signing on behalf of all of them, and you represent that you are authorized to do so.
I HAVE CAREFULLY READ THIS AGREEMENT. I AGREE TO IT AND ACKNOWLEDGE RECEIVING A COPY OF IT.