I. Scope of Services
A. In exchange for the Inspection Fee paid by Client, the Inspector agrees to provide the Client with an Inspection Report setting out the Inspector’s professional opinions concerning the condition of the Property further described in the report. The inspection will be performed in accordance with the Texas Standards of Practice promulgated by the Texas Real Estate Commission Inspector/s will attempt to identify major defects and/or problems with the Property. However, Client acknowledges that the Inspection Report may not identify all deficiencies, defects and/or problems.
B. The Inspector agrees to:
1. inspect items, parts, systems, components and conditions which are present and visible at the time of the inspection, but the inspector is not required to determine or estimate the remaining life expectancy or future performance of any inspected item, part, system or component;
2. operate mechanical and electrical equipment, systems, and appliances during an inspection in normal modes and operating range at the time of the inspection;
3. report which of the parts, components, and systems present in the property have or have not been inspected;
4. report as deficient inspected parts, components or systems that are not functioning or that the standards of practice required the inspector to report as Deficient; and
5. address all of the parts, components, and systems contained in the standards of practice in the property being inspected.
C. The inspection is limited to those items which can be seen, easily accessed and/or operated by the Inspector at the time of the inspection as set out in the Inspection Report. Inspector will not remove walls, floors, wall coverings, floor coverings and other obstructions in order to inspect concealed items. Systems and conditions which are not specifically addressed in the Inspection Report are excluded. The major systems which will be inspected include:
1. Foundation; Grading & Drainage
2. Interior doors, wall, ceilings and floors;
3. Exterior walls and doors, windows and door glazing;
4. Fireplace and chimney;
5. Roof, Roof Structure and attic;
6. Porches, Balconies and decks;
7. Built-in Appliances;
8. Heating, cooling and Vent Systems;
9. Plumbing Supply & Drains, Water Heating System; and
10. Electrical system.
D. The Inspector may indicate one of the following opinions of the Inspector regarding a particular item:
1. The item is performing its intended function at the time of the inspection;
2. The item is in need of replacement or service for repair; or
3. Further evaluation by a technician or expert is recommended.
II. Inspection Report
A. The Inspection Report provided by the Inspector will contain the Inspector’s professional, good-faith opinions concerning the need for repair or replacement of certain observable items. All statements in the report are the Inspector’s opinions and should not be construed as statements of fact or factual representations concerning the Property. By signing this Agreement, the Client understands that the services provided by the Inspector fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act (ADTPA) and agrees that no cause of action exists under the DTPA related to the services provided. Except for those matters for which the exemption does not apply 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 termites or other wood-destroying organisms, or compliance with codes, ordinances, statutes or restrictions or the insurability, efficiency, quality, durability, future life or future performance of any item inspected.
B. The Inspection Report is not a substitute for disclosures by sellers and real estate agents. Said disclosure statements should be carefully read for any material facts that may influence or affect the desirability and/or market value of the Property.
C. As noted above, the Inspection Report may state that further evaluation of certain items is needed by an expert in the field of the item inspected. By signing this Agreement, Client acknowledges that qualified experts may be needed to further evaluate such items as structural systems, foundations, grading, drainage, roofing, plumbing, electrical systems, HVAC, appliances, sprinkler systems, fire/smoke detection systems, septic systems and other observable items as noted in the report.
III. Disclaimer of Warranties
The inspector makes no guarantee or warranty, express or implied, as to any of the following:
1. That all defects have been found or that the Inspector will pay for repair of undisclosed defects;
2. That any of the items inspected are designed or constructed in a good and workmanlike manner;
3. That any of the items inspected will continue to perform in the future as they are performing at the time of the inspection; and
4. That any of the items inspected are merchantable or fit for any particular purpose.