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Inspection Agreement
Property Address:
THIS AGREEMENT made this day of ,20 , by and between HOMEFACTS INSPECTION SERVICE, LLC (hereinafter "INSPECTOR"), and (hereinafter "CLIENT"), collectively referred to herein as "the parties." The parties Understand and Voluntarily Agree as follows:
INSPECTOR'S employee(s) will perform a visual inspection of the house/structure listed above in accordance with the rules and standards governed by the Texas Real Estate Commission. A full detailed list of the rules and covered components can be found at http://www.trec.state.tx.us. CLIENT understands that this inspection is a limited scope inspection. The report is not all-inclusive and will only include visual and material defects that were accessible during the time of inspection.
A written report will be provided within 24 hours of the inspection. The inspection and report are performed and prepared for the use of CLIENT, who gives INSPECTOR'S employee(s) permission to discuss observations with real estate agents, owners, repairpersons, and other interested parties. INSPECTOR accepts no responsibility for use or misinterpretation by third parties. INSPECTOR'S inspection of the property and the accompanying report are in no way intended to be a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the home/building or its components. The report is only supplementary to the seller's disclosure. CLIENT agrees to fully read and understand the entire report prior to purchasing the property.
CLIENT agrees that the following systems, items, and conditions are not within the scope of this inspection which include but may not be limited to: Environmental Hazards, Mold, Fungi, Asbestos, presence of Lead Paint, pest infestations, air filtration systems, water wells, low voltage wiring (i.e. phone, cable, intercom, security systems), Code compliance, flood plain locations, local statutes and ordinances. INSPECTOR does not determine insurability of roof and does not determine life expectancy. Inspector does not walk roofs that cannot be safely reached or that may be damaged. If CLIENT has questions regarding the roof, we advise hiring a roofing specialist to perform a detailed inspection prior to purchasing the property.
CLIENT agrees that the liability of INSPECTOR and its agents, members, officers and employees for claims or damages, costs of defense or suit, attorney's fees and expenses and payments arising out of or related to the INSPECTOR'S negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the INSPECTOR.
In the event of a claim against INSPECTOR, CLIENT agrees to supply INSPECTOR with the following: (1) Written notification of adverse conditions within 14 days of discovery, (2) Access to the premises, and (3) A signed copy of this agreement. CLIENT agrees that Inspector is not liable for undisclosed or undiscovered defects that were concealed or inaccessible at the time of the inspection. Failure to comply with the above conditions will release INSPECTOR and its agents, members, officers and employees from any and all obligations or liability of any kind. In the event that CLIENT fails to prove any adverse claims against INSPECTOR in a court of law, CLIENT agrees to pay all legal costs, expenses and fees of INSPECTOR in defending said claims.
If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents the entire agreement between the parties This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection.
CLIENT HAS CAREFULLY READ THE FOREGOING, AGREES TO IT, AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
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