Authorization for Home Inspection Services

The day this document is considered complete.

The full name of the person making this agreement.

The address of the planned inspection.

TERMS AND CONDITIONS
THIS CONTRACT LIMITS LIABILITY

Please read the contract and sign below. Your electronic signature will be your acceptance of the home inspection agreement between the inspector and you.

Please print a copy of the home inspection agreement for your records.
It is agreed by all that this inspection is to be performed according to the following terms and conditions:

THIS AGREEMENT is made and entered between Kevin Fuqua dba K & S Inspections
referred to as “ Inspector” and “the buyer”, referred to as “Client”.
In consideration of the promise and terms of this Agreement, the parties agree as follows:

1. The client will pay the sum of $ “quoted price” for the inspection of the “Property,” being the residence
and garage or carport, if applicable, located at “property address”.

2. The Inspector will perform a visual, nondestructive examination of the building and its components and equipment and prepare a written report of the apparent conditions of the readily accessible installed systems and components of the property existing at the time of the inspection. The written report is not a compliance inspection or certification of any state or government code or regulation Latent, concealed, covered, hidden and blocked defects and deficiencies are excluded from the visual inspection and specifically limit the Inspector’s liability.

3. The parties understand and agree that the “TREC Standards of Practice” shall define the standard of duty and the conditions, limitations, and exclusions of the inspection and are incorporated by reference herein.
A copy of the Standards is available on request. The building, its component and equipment are to be ready and accessible for inspection on the date and time agreed on. All utilities and pilot lights must be on and all equipment operational so the total inspection can be done on the date and time agreed to. The inspector rules state that inspectors are not to change light bulbs, light pilots, move furniture, move obstructions, move/ remove carpeting, panel boxes, and storage items. The Central Cooling system shall not be tested if under 60 degrees that day or the Heating system will not be checked if it’s over 90 degrees that day. Standards say “ Full evaluation of the Furnace Heat Exchanger that requires dismantling of the furnace is beyond the scope of the Home Inspector.

4. The parties agree and understand the Inspector does not insure or guarantee that all defects in the structure, components or systems inspected will be found and/or reported. INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR USE, CONDITION, PERFORMANCE, ADEQUACY OR FUTURE LIFE OR FAILURE OF ANY INSPECTED STRUCTURE, ITEM, COMPONENT, OR SYSTEM.
This inspection is not intended for any Home Warranties or Insurance policies. Please contact your Real Estate Agent if you are interested in a Home Warranty. K & S Inspections recommends Home Warranties especially if any system is approaching the end of its serviceable life.
ATTORNEY’S FEE’S; If a lawsuit is filed by the client against the inspector and the Inspector successfully defends the claim of the client, the Client agrees to pay the Inspector reasonable attorney’s fees, court costs, and any other cost in defending such claim.
LIMITATION OF LIABILITY: Inspector’s liability for mistakes and omissions in this inspection report are limited to the fee of the inspection. The limitation applies to anyone who is damaged or has to pay expenses of any kind of mistake or omission within 45 days of the inspection. Client agrees to immediately accept a refund of the full inspection fee as full settlement of any and all claims that may arise from this inspection.

5. The parties understand and agree that the Inspector and his employees assume no liability or responsibility for the costs of repairing or replacing any unreported defect or deficiencies either current or arising in the future or any property damage, consequential damage or bodily injury of any nature. Client also understands and agrees that any claim concerning the inspection for failure to accurately report any installed system or component which was inspected and was not in the condition reported by the Inspector, the claim shall be made in writing and reported to the Inspector at least 72 hours prior to repairing or replacing such system or component. Client further agrees that, with the exception of emergency conditions, Client or Client agent, employees, or independent contractor will make no alterations, modifications, or repairs to the claim discrepancy prior to a reinspection by the inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for the said failure to report accurately. Furthermore, any legal action must be brought within two (2) years from the date of the inspection, or will be deemed waived and forever barred.

6. If the client is married, client represents that this obligation is a family obligation incurred in the interest of the family.

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7. This agreement, including the terms and conditions on the following page, represent the entire agreement between parties and there are no other agreements either written or oral between them. This Agreement shall be amended only by written agreement signed by both parties. This agreement shall be construed and enforced in accordance with the laws of the State of Texas, and if that state’s laws or regulations are more stringent than the forms of the agreement, the state law or rule shall govern.

8. The Inspection is not an appraisal or a survey of the property. This Inspection does NOT determine whether the property is insurable.

9. This report is not a repair list, more a condition report and is made for the sole purpose of assisting the purchaser to determine his/her own opinion of feasibility of purchasing inspected property and is not meant to be used as a means to influence his/her decision whether to purchase the property or not.

10. Systems, items, and conditions whether or not they are concealed, ARE OUTSIDE THE SCOPE OF THIS INSPECTION. Radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, MOLDS, fungi, other environmental hazards, PEST INFESTATION, security, and fire protection, household appliances, humidifiers, paint, wallpaper and other treatments to windows, interior walls, ceilings and floors; recreation equipment or facilities, underground storage tanks, energy recovery systems, UV filters, concealed or private secured systems, water wells, heating systems accessories, solar heating, heat exchanger, sprinkler systems, water softener, reverse osmosis, telephone, Cable TV, antenna, trees and plants, in or below grade/slab water distributing lines leaks, sewer line leaks, sewer line clogs and or plugs, Kitec plumbing, Polybutylene pipes, Chinese Drywall, septic systems, detached structures, docks, fences or sheds, cabinets, counter tops, outside lighting, electric heating strips, self-cleaning items, ice makers, pools, spas, governing codes, ordinances, statutes, and conditions are excepted from the inspection. Any general comment about these systems, items and conditions of the written report are informal only and DO NOT represent an inspection.

11. The Inspection and report are performed and prepared for the sole and exclusive use and possession of the Client. No other person or entity may rely on the report issued pursuant to this Agreement. In the event that any person, not a party to this agreement, make a claim against Inspector, arising out of service performed by Inspector under this agreement, the Client agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs, and attorney fees arising from such claim.

12. If the Client is urged to have a qualified tradesmen examine any major/unknown issues, it is so as to determine the full extent of the condition and repair / effect on the value of the property.
Client has read this entire Agreement and accepts and understands this Agreement as hereby acknowledged. If no state regulations apply, this report adheres to the Texas Real Estate Commission Standards, which is available on request.

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