HOME INSPECTION AGREEMENT
THIS IS A LEGAL AGREEMENT. PLEASE READ BEFORE BOOKING YOUR INSPECTION. YOU HAVE THE RIGHT TO CONSULT YOUR ATTORNEY PRIOR TO SIGNING THIS AGREEMENT. ASK QUESTIONS IF YOU ARE UNSURE. THIS DOCUMENT SHOULD BE REVIEWED BY THE CLIENT AND REALTOR BEFORE THE INSPECTION IS SCHEDULED.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING
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
Texas Standards of Practice promulgated by the Texas Real Estate Commission and/or the
Texas Department of Agriculture ie: Structural Pest Control Service. 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
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
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 is 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, the 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 effect
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 forrepair 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.
IV. LIMITATION OF LIABILITY
BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES THAT THE INSPECTION FEE
PAID TO THE INSPECTOR IS NOMINAL GIVEN THE RISK OF LIABILITY ASSOCIATED WITH
PERFORMING HOME INSPECTIONS
IF LIABILITY COULD NOT BE LIMITED. CLIENT ACKNOWLEDGES THAT WITHOUT THE ABILITY
TO LIMIT LIABILITY, THE INSPECTOR WOULD BE FORCED TO CHARGE CLIENT MUCH MORE THAN THE
INSPECTION FEE FOR THE INSPECTOR=S SERVICES. CLIENT ACKNOWLEDGES BEING GIVEN THE
OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF HIS OR HER OWN
CHOOSING AND FURTHER ACKNOWLEDGES THE OPPORTUNITY OF HIRING A DIFFERENT
INSPECTOR TO PERFORM THE INSPECTION. BY SIGNING THIS AGREEMENT, CLIENT AGREES
TO LIABILITY BEING LIMITED TO THE AMOUNT OF THE INSPECTION FEE PAID BY THE CLIENT.
In the event, a dispute arises regarding an inspection that has been performed under this agreement, the
Client agrees to notify the Inspector in writing, within ten (10) days of the date the Client discovers the basis for
the dispute so as to give the Inspector a reasonable opportunity to reinspect the property. Client agrees to allow
re-inspection before any corrective action is taken. Client agrees not to disturb or repair or have repaired anything
which might constitute evidence relating to a complaint against the Inspector. Client further agrees that the
Inspector can either conduct the reinspection himself or can employ others (atInspector=s expense) to reinspect
the property or both. In the event a dispute cannot be resolved by the Client and the Inspector, the parties
agree that any dispute or controversy shall be resolved by mandatory and binding arbitration. The
arbitration panel must include at least one licensed home inspector.
The Inspector and the Client agree that in the event any dispute or controversy arises as a result of this
Agreement, and the services provided here under, the prevailing party in that dispute shall be entitled to recover
all of the prevailing party=s reasonable and necessary attorneys’= fees and costs incurred by that party.
The Inspection Report is to be prepared exclusively for the Client named and is not transferable to
anyone in any form.
The client gives permission for the Inspector to discuss report findings with real estate agents,
specialists, or repair persons for the sake of clarification. A copy of the Inspection Report may be released to the
selling Real Estate Agent.
BY ME COMPLETING THE APPOINTMENT FORM, 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. IF CLIENT IS MARRIED, CLIENT
REPRESENTS THAT THIS OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE
FLINTROCK INSPECTION SERVICES INFORMED ME FACE TO FACE OR OVER THE PHONE, AND THROUGH THIS AGREEMENT THAT THE ABOVE HOME INSPECTION COMPANY VIDEO RECORDS WITH A DEVICE AT THE EXIT INTERVIEW. I UNDERSTAND AND AGREE WITH BEING VIDEO RECORDED. I UNDERSTAND THAT THE VIDEO RECORDED AT THE TIME OF THE INSPECTION IS THE SOLE PROPERTY OF FLINTROCK INSPECTION SERVICES.