PILOT HOME INSPECTIONS
INSPECTION AGREEMENT
The Client(s),_________________________________________ agree to the following: In consideration for the fee received, PILOT HOME INSPECTIONS shall provide a licensed inspector to perform a limited "Real Estate Inspection" on the property located at: ________________________________________________________for a total fee of : $____________.
PILOT HOME INSPECTIONS (Hereinafter "INSPECTOR") and the undersigned (hereinafter "CLIENT") are collectively referred to herein as the "the parties". The Parties Understand and Voluntarily Agree as follows:
1. The CLIENT requests a limited visual inspection of the residential structure identified at the above address and by a licensed INSPECTOR of Pilot Home Inspections. CLIENT hereby represents and warrants that all approvals necessary have been secured for INSPECTOR entrance onto the property.
2. CLIENT warrants: (a) that they have read the following agreement carefully, (b) they understand they are bound by all terms of the contract, and (c) they will read the entire inspection report when received and promptly contact INSPECTOR with any questions they may have.
3. CLIENT understands that the inspection and inspection report are performed and prepared for their sole, confidential, and exclusive use. CLIENT agrees that they will not transfer or disclose any part of the inspection report to any other person with these exceptions only: (a) One copy may be provided to the current sellers of the property, but only upon the express condition that the seller(s) covenant to use the inspection report only in connection with CLIENT’s transaction and agree not to transfer to disclose the report to any persons other that their real estate agent and (b) one copy can be provided to the real estate agent representing CLIENT and/or a bank, or other lender for use in CLIENT’s transaction only. CLIENT agrees to defend, hold harmless, and indemnify INSPECTOR from any third party claims relating to this inspection or inspection report.
4. INSPECTOR agrees to provide a professional opinion based on a limited visual inspection of the residential structure located at the above address and to provide CLIENT with a written opinion as to the apparent general condition of the structure’s components and systems, including identification of significant observable deficiencies as they exist at the time of inspection.
This is a visual inspection only. We cannot see into, or behind, walls and we will not attempt to report on systems, items, or conditions that are not readily accessible. While the inspector can reduce risk, he cannot eliminate or assume it. The inspection will be performed in a manner consistent with the standards of the Texas Real Estate Commission.
5. The inspection only includes those systems and components expressly and specifically identified in the inspection report. Any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, furnishing, or any other thing, or those areas/items which have been excluded by the Texas Real Estate Commission’s standards and/or by agreement of the parties is not included in this inspection. The inspection does not include any destructive testing or dismantling. CLIENT agrees to assume all the risk for all conditions that are concealed from view at the time of inspection or exists in any area excluded from the inspection by the terms of this agreement. Maintenance and other items may be discussed, but will not form a part of the inspection report.
The following areas/items, systems and components are among those not Included in the inspection unless otherwise noted in this contract:
1. Development/Zoning Violations,
2. System or Component Installation,
3. Permit Research,
4. Structural, geological, soil, wave action or hydrological stability,
5. Survey, engineering, or analysis,
6. Termites and other wood destroying insects, rodents or pests, dry rot or fungus,
7. Latent or concealed defects, Asbestos, radon gas, lead paint, urea formaldehyde, toxic or flammable chemicals, water or air quality, PCBs or other toxins, electromagnetic fields, underground storage tanks proximity to toxic waste sites, or other environmental or health hazards,
8. Private water or sewer systems,
9. Hot tubs, saunas, steam baths, fountains or other types of related systems and components,
10. Repair Cost Estimates,
11. Automatic gates,
12. Furnace Heat Exchanger,
13. Solar heating system,
14. Gas Appliances such as fire pits, grills, barbeques, space heaters, lamps, etc.
15. Personal Property,
16. Adverse conditions that may affect the desirability of the property (neighborhood location, etc),
17. Boundaries, easements, rights of way,
18. Systems Component life expectancy or efficiency,
19. Items specifically noted in the report as excluded,
20. We DO NOT inspect security systems,
If a more thorough inspection of these areas/items is required, it shall be noted in this contract or CLIENT shall contract for services from trade professionals where appropriate.
6. CLIENT understands that the inspection and inspection report do not constitute a guarantee or warranty or merchantability or fitness for a particular purpose, expressed or implied, or insurance policy, nor is it a substitute for real estate transfer disclosures that may be required by law.
7. The written report prepared by INSPECTOR shall be considered the final exclusive findings of INSPECTOR of the structure. CLIENT understands and agrees that they will not rely on any oral statements made by the inspector prior to the issuance of the written report. CLIENT further understands and agrees that INSPECTOR reserves the right to modify the inspection report up to 48 hours after delivery to the client.
8. CLIENT understands and agrees that any claim arising out of or related to any act or omission of INSPECTOR in connection with the inspection of the residential structure, as limited herein, shall be made in writing and reported to INSPECTOR within ten (10) business days of discovery. CLIENT further agrees to allow INSPECTOR to re-inspect the claimed discrepancy before CLIENT or CLIENT’s agent, employee or independent contractor repairs, replaces, alters or modifies the claimed discrepancy. CLIENT understands and agrees that any failure to notify INSPECTOR as stated above shall constitute a waiver of any claim CLIENT may have against INSPECTOR.
9. It is understood and agreed to by the parties hereto that INSPECTOR is not an insurer, that the payment for the subject inspection is based solely on the value of the service provided by INSPECTOR in the performance of a limited visual inspection of the general condition of the structure’s systems and components as described in Paragraph 4 and production of a written inspection report, that because of the limited nature of this inspection and that it is impracticable and extremely difficult to fix the actual damages if, any, which may result from the failure to perform such services. Thus, CLIENT and INSPECTOR agree that in the event INSPECTOR breaches its obligation or duty to perform such service and client is thereby damaged, then the liability of INSPECTOR (including its officers, agents, and employees) shall be limited to a sum equal to the amount of the fee paid by the customer for inspection and report and this liability shall be exclusive. Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration conducted by Construction Arbitration Services, Inc. The decision of the Arbitrator appointed thereunder shall be final and binding and judgement on the Award may be entered in any Court of competent jurisdiction. CLIENT shall have no cause of action against INSPECTOR after one year from the date of the inspection. 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.
10. CLIENT understands and agrees that if they are not present at the time of the inspection and therefore do not sign this Agreement that this Agreement will become part of the inspection report. An acceptance of the inspection report by CLIENT shall and payment therefore will constitute acceptance of the terms and conditions of this Agreement.
11. If any portion of this Agreement is found to be unenforceable or invalid by any court or arbitrator, the remaining terms shall be in force between the parties
12. This Agreement constitutes the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify, or amend any part of this agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever.
13. Payment of the fee to the INSPECTOR is due upon completion of the on-site inspection. The Client agrees to pay all legal and time expenses incurred in collecting due payments, including attorney’s fees, if any. If CLIENT is a corporation, LLC or similar entity, the person signing this Agreement on behalf of such entity does personally guaranty payment of the fee by the entity.
14. I have read, understand, and agree to all the terms and conditions of this contract and I further agree to payment of the fees related to this inspection prior to the release of the inspection report by INSPECTOR.
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CLIENT or REPRESENTATIVE Signature Date
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INSPECTOR Signature Date
