Real Estate Inspection Contract
Please read this contract carefully and make sure that you understand it before you sign it. Parties named below agree to the following terms and conditions. THIS IS A LEGALLY BINDING CONTRACT.
Client(s) agrees to read this contract, the inspection report and any other documents provided to the Client(s) by either this Company, its inspector, or any other person involved in the real estate transaction, and to contact this Company or inspector with any questions about the inspection or report before closing on the purchase of the property inspected.
The Client(s)__(Your name here )__ employs Cecil Brooks, providing services through Star Inspection Services, Inc., to provide inspection services at the following address on the date and time indicated.
ADDRESS:_(property address to be inspected )_DATE:__( )__TIME:_( )
PURPOSE: The purpose of the inspection to be performed under this contract is solely an attempt to identify major defects in the items listed on the inspection report which are reasonably observable at the time of the inspection.
SCOPE: The inspection to be performed is limited to those reasonably accessible items (or parts of the items), which can be seen or accessed by the inspector at the time of the inspection. The inspection intends to reduce risk, but will not eliminate risk; therefore, the inspection to be performed may not identify all defects or problems. During the course of the inspection, a “Standard of Care” will be used in performing this inspection. Client(s) agree that the scope of the inspection services to be provided is defined and limited according to the Standards of Practice, set forth by the Texas Real Estate Commission, for Property Condition Inspections.
REPORT: The inspection report provided by the Company will contain the good faith opinions of the inspector concerning the observable need, if any, on the day of the inspection, for the repair, replacement, or further evaluation by experts of the items inspected. Unless specifically stated, the report will not include and should not be read to indicate opinions as to the environmental conditions, presence of toxic or hazardous waste or substances, presence of termite or other wood destroying organisms, or compliance with codes unless stated in the report, ordinances, statutes or restrictions, insurability of the property, efficiency, quality, capacity, durability, future life or future performance of any item inspected.
Both parties agree that the written inspection report constitutes all the binding representations by the inspector with respect to the property. Client shall not place any reliance on any representations or statements of the inspector not contained in the written inspection report.
DISCLAIMER OF WARRANTIES: THE COMPANY MAKES NO GUARANTEE OR WARRANTY AS TO ANY OF THE FOLLOWING:
1. That all defects have been found or that the Company will pay for repair of undisclosed defects.
2. That any of the items inspected are designed or constructed in good or workmanlike manner.
3. That any of the items inspected will continue to perform in the future as they are performing at the time of inspection.
4. That any of the items inspected are merchantable or fit for any particular purpose.
5. Buyer(s) understand that with any type service performed, there exists the possibility of human error. This inspection company/inspector will try to perform to the best of their ability, but error can occur.
DISPUTE RESOLUTION: In the event a dispute arises regarding an inspection that has been performed under this contract, Client(s) agrees to notify the Company within ten (10) days of the time Clients(s) discovers the basis for the dispute so as to give the Company a reasonable opportunity to re-inspect the property. Client(s) further agrees that the Company can either conduct the re-inspection itself or can employ others (at Company's expense) to re-inspect the property, or both. In the event a dispute cannot be resolved by the Client(s) and the Company, the parties agree to submit the dispute to mediation through a mutually agreeable mediator or arbitrator.
LIMITS OF LIABILITY: This inspection and report submitted is limited only to the party for whom the inspection was performed and who is named in this contact. Client agrees that the inspector’s liability is strictly limited to items inspected and noted in the written report. Any damage recoverable by client shall be limited to the amount of the fee paid for the inspection. NO WARRANTY, EXPRESSED OR IMPLIED, ACCOMPANIES THIS INSPECTION OR REPORT. THIS INSPECTION IS NOT A GUARANTEE OR WARRANTY.
DEFENSE COSTS: In the event the Client(s) refuses to abide by the decision of a mutually agreeable mediator or arbitrator, or for any other reason, files suit against the Company or it's inspector, the Client(s) agrees to pay all of the Company's legal fees, costs of expert witness, court costs, costs of depositions (or copies of depositions) and all other such expenses incurred by the Company, if the Client(s) fails to prevail in the lawsuit.
CONTRACT LIMITS: This Company, nor its inspector, is not liable for any consequential loss. This contract and the provisions outlined in our inspection report, constitute the entire agreement for inspection services rendered. This contract replaces all previous representations, including verbal conversation, web-site information and any published material by this company.
EXCLUSIVITY: The report is prepared exclusively for the Client(s) named and is not transferable to anyone in any form. Client(s) gives permission for Company to discuss report findings with real estate agents, specialists, or repair persons for the sake of clarification. Use of this report by anyone other than the Client(s) for the purpose of this transaction, is prohibited.
PAYMENT: The client(s) agrees to pay the inspection fee indicated below at the time of the inspection by cash, check or credit card.
CONSUMER NOTICE: You do have rights and potential remedies through the Texas Real Estate Commission (TREC), if inspections are performed for real estate sale or are performed under their guidelines and Standards of Practice. You may contact TREC at P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544 (http:\\
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. I ALSO UNDERSTAND THAT I AM RESPONSIBLE TO PAY THE FEE TO THE COMPANY, FOR THE INSPECTION PERFORMED, REGARDLESS IF I DECIDE TO BUY, OR NOT TO BUY, THE PROPERTY INSPECTED. Electronic signatures are valid.
CLIENT(S):______DATE:______FEE:_$__$150.00/hr______This is based on the description of the property verbally provided or provided via email. We reserve the right to increase or decrease our fee in accordance, if information is found to be inaccurate upon arrival to the property.
By:_Cecil S. Brooks Jr.______
INSPECTOR: Cecil S. Brooks Jr. (TREC License #1059) DATE:______