REAL ESTATE INSPECTION SERVICE AGREEMENT
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE “CLIENT”, AND BOXER INSPECTIONS LLC, THE “INSPECTOR”, AND SUBCONTRACTORS SCHEDULED OR ARRANGED THROUGH BOXER INSPECTIONS LLC.
NOTICE:
The agreement must be reviewed and approved/signed and the inspection fee paid the day before the inspection or the inspection will be canceled.
Client Name:
Client Address:
Client Mobile:
Client E-Mail:
Property Address:
Inspection Date:
Inspection Time:
Inspection Criteria:
This agreement is for a home inspection at the property listed above. Items marked with a “Yes” are part of the inspection and will be charged accordingly on the invoice. The inspection will include the following:
• Home inspection: sq ft
• Detached garage inspection:
• Pool inspection:
• Home 25 yrs or older:
• Home 50 years or older:
• Pier & Beam Inspection:
• Irrigation inspection:
• Thermal Inspection:
• Termite Inspection:
Real Estate Investor Specific Inspection
• Foundation Check:
Inspection price: $_____
Inspection Report & Summary will be delivered to the client within 72 hours (3 days after receiving payment & inspection completed). Reports will not be issued without payment.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING
1. SCOPE OF THE INSPECTION
A. A real estate inspection is a non-technically exhaustive, limited, general, non-invasive, visual survey and performance evaluation of a building performed using normal controls and does not require the use of specialized equipment or procedures. The inspection will be performed in a manner consistent with the Section 535.220 and Sections 535.227 through 535.233 of the rules of the Texas Real Estate Commission. (A copy of these Sections of the rules of the Texas Real Estate Commission are readily available at https://www.trec.texas.gov.) The inspection does not include any destructive testing or dismantling of equipment, components or systems. In the event that the property is a part of a condominium unit, the inspection will not include any other connected or external portions of a multi-unit building or any common areas covered by a joint use agreement or considered common areas.
B. In exchange for the inspection fee paid by the Client, the Inspector agrees to provide the Client(s) with a report of the Inspectors written opinion as to the apparent general condition of the structure(s), parts, components and systems at the time of the inspection. The Inspector will prepare a written report of the Inspector’s professional opinions of the apparent condition of the readily accessible systems and components of the building. The Client recognizes and acknowledges that some conditions cannot be found or discovered during a limited, visual inspection of the property and that such an expectation would be considered unreasonable on the part of the Client.
1) The Inspectors report may indicate one or more of the following options:
a. The part component of a system is performing in a manner consistent with recognized industry association standards (not common practice for the area), that the part component of a system achieves an anticipated operation, function or configuration relative to its age and normal wear and tear from ordinary use with recognition of recognized industry standards in place at the time of construction;
b. That, in the Inspector’s professional opinion, a part component or system is in need of repair, replacement or maintenance; or
c. Further evaluation by a competent, licensed or registered professional or tradesman.
C. The inspection is limited to only those systems and components that are “accessible”, can be easily reached, entered, or viewed without difficulty, danger, moving of obstructions, or requiring any action which may result in damage to the property or personal injury to the Inspector as set out in the inspection report. The inspector will not climb over obstacles, move furnishings or large, heavy or covered items, remove wall, ceiling of floor coverings or any other obstruction of any type to inspect any part, component or system. Latent and concealed defects and deficiencies are excluded from the inspection and the Inspector is not liable for latent and concealed defects and deficiencies.
2. CLIENT’S DUTY
Client agrees to read the entire report when it is received and promptly call the Inspector with any question or concerns regarding the inspection or written report. The written report shall represent the sole, final and exclusive opinions of the Inspector. In the event client becomes aware of a reportable condition which was not reported by the Inspector, Client agrees to promptly notify Inspector and allow Inspector and/or Inspector’s designated representative(s) to inspect said condition(s) before making any repair, alteration, or replacement. If the reportable condition has been altered in any way the Client’s right to make a claim against the Inspector is waived.
Client further agrees to contact the seller to ensure that utilities are turned on at the property prior to inspection and notify inspector in the event they are off and why. Under no circumstance will the inspector turn on utilities due to possible damage.
3. FURTHER EVALUATION
Client acknowledges and agrees that the Inspector is a generalist and that further investigation of a reported condition by an appropriate certified, competent, registered, or licensed specialist may, and likely will, provide additional information that may affect Client(s) decision to purchase the house. Client should seek further evaluation from certified, competent, registered, or licensed professionals or tradesmen regarding the deficiencies identified in the written report. Inspector is not liable for Client(s) failure to further investigate reported deficiencies.
4. CHANGE IN CONDITION(S)
The parties agree and understand that conditions of systems and components may change through vacancy or change in ownership, the removal/replacement of furniture, furnishing or equipment or from weather conditions between the inspection date and the time of closing (settlement). The inspection report is a snapshot in time of the property on the day and no evaluation is intended for conditions that arise after inspection. Client acknowledges that Inspector does not take care, custody or control of the structure at any time and that Inspector is not responsible for the maintenance or servicing of any part, component or system of the structure.
5. LIMITATIONS OF A VISUAL INSPECTION
Client understand and accepts the INSPECTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE PRESENT OR FUTURE FITNESS FOR USE, CONDITION, INSURABILITY, PERFORMANCE OR ADEQUACY OF ANY INSPECTED STRUCTURE, PART, COMPONENT, OR SYSTEM, THE PRESENCE OR ABSENCE OF LATENT, COVERED OR CONCEALED DEFECTS DURING THE INSPECTION, OR THE REMAINING USEFUL LIFE OF ANY SYSTEM, PART OR COMPONENT OF THE PROPERTY. The Inspection will not include an appraisal of the value, a boundary survey or flood plain assessment of structure and/or property lines, easements or underground structures. This inspection and the inspection report are NOT a code compliance inspection or certification for past or present governmental codes or regulations. If more in-depth information is desired or required on the electrical system or systems, it is recommended that a qualified and licensed electrician be consulted. This inspection is not intended to be an exhaustive evaluation of all the systems and appliances in the structure, nor is it intended to be a total list of defects, existing or potential.
6. LIMITATION OF LIABILITY
Client understands that this is not a technically exhaustive inspection. A technically exhaustive inspection is available and involves the hiring of specialists in each area of the inspection process. These inspections take approximately 1- 2 weeks to schedule, do not carry any limits of liability as noted in this Agreement and are offered at a minimum starting fee of $ 5,000.00 (Five thousand dollars).
Client understands that the inspection fee paid to the Inspector for a NON-technically exhausting inspection is nominal given the risk of liability associated with performing inspections if such liability could not be limited.
Accordingly, by initialing below, Client agrees that the Inspector is not performing a technically exhaustive inspection and that the maximum liability incurred by the Inspector for any and all claims relating to damages or errors or omissions SHALL BE LIMITED TO A REFUND OF THE ENTIRE FEE PAID TO THE INSPECTOR FOR THE INSPECTION.
This limitation applies to any and all damages sought by Client, including actual, consequential, exemplary, special or incidental damages, attorney’s fees, costs, and expenses. This limitation of liability is binding upon the Client’s heirs, successors, assigns, and any other party claiming rights under this Agreement, including those claiming by, through, or under Client.
7. THIRD PARTIES AND SUBROGATION
The inspection and written 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 under any condition or theory of claim. In the event that any person or entity, not a party to this Agreement, makes any claim against the Inspector, its employees or agents, arising out of the services performed by the Inspector under this Agreement, or claims alleging in whole or part any negligent act or omission of the Inspector, the Client agrees to indemnify, defend, and hold harmless Inspector from any and all damages, expenses, costs, and attorney fees, arising from such a claim.
8. DISPUTES AND ARBITRATION
In the event a dispute arises regarding an inspection that has been performed under this service agreement, Client(s) agree to provide BOXER INSPECTIONS LLC a reasonable opportunity to re-inspect the property and resolved any dispute amicably. Upon the request of either party, subject to the Limitation of Liability clause of this contract, all unresolved disputes relating to this agreement shall be submitted for arbitration in accordance with (AAA) American Association of Arbitrators and pursuant to the Federal Arbitration Act then in effect with costs shared equally. This provision shall be specifically enforceable and damages for breach of this provision shall include but not be limited to court costs and attorney's fees.
9. SEVERABILITY
If any court of competent jurisdiction determines that any section, provision or part of this Agreement is void, unenforceable, or contrary to Texas law, the remaining sections of this Agreement shall remain in full force and effect.
10. RIGHT OF PUBLICATION
Possession of this report does not carry with it the right of publication. This inspection report may not be used for any purpose or by any person other than the party to whom it is addressed without the written consent of the inspector. None of the contents of this inspection report, parts or components of this report or a copy of this report shall be conveyed to the public through any means, purpose or venue without the written consent and approval of the inspector. Parts of the report may be protected by Federal copyrights.
11. LIMITATION AND EXCLUSION CLAUSE
The Client expressly acknowledges and agrees to what is and is not covered in the inspection. Refer to Appendix A. Client further acknowledges that the Inspector makes no representations or warranties components or systems unless included in the inspection and identified in “Inspection Criteria” on page 1. TREC provides the guidelines for what is and is not inspected. Refer to Texas Administrative Code Chapter 535, Subchapter R (§535.227 - §535.233).
No environmental inspections of any kind will be performed during this inspection.
12. PERSONAL SAFETY
We are not responsible for another participant’s personal safety during the inspection process. Client, their representative’s, or others participation shall be at his/her own risk for falls, injuries, property damage, etc. We reserve the right to refuse service to anyone in the event the inspector determines a hazardous situation exists or other persons actions are deemed hazardous.
13. TOTAL AGREEMENT
This Agreement, including the terms and conditions on all pages, represents the entire agreement between the 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.
14. ACKNOWLEDGMENT
The undersigned has reviewed this document, understands its content and agrees to the terms and conditions contained. The client further represents and warrants that he or she has full and complete authority to execute this contract on behalf of any spouse or significant other or any other person with claim to title or occupancy and to fully bind any spouse or significant other or any other person with claim to title or occupancy to all terms, conditions, exclusions and limitations of this agreement. The report adheres to the “TREC” Texas Real Estate Commission “Standards of Practice” which is readily available at https://www.trec.texas.gov/.
I agree that I may execute this agreement by fax or by an email or electronically or text agreeing to its terms. I understand that if I execute this agreement in that fashion, this agreement will be legally binding just as if I had signed an original paper document. I understand that the inspector is relying on this representation as proof that I agree to the terms of this agreement, and that I may not later deny the existence of a binding agreement.
15. Consent to Communications
YOU CONSENT TO RECEIVE MESSAGES (WHETHER BY PHONE, EMAIL, TEXT MESSAGES OR PUSH NOTIFICATIONS) FROM BOXER INSPECTIONS LLC, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY PHONE NUMBERS AND EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING AUTOMATED COMMERCIAL MESSAGES.
We will allow you to opt out of receiving some of these messages, and agreeing to receive these messages is not a condition of purchasing any property, goods, or services, but to stop receiving any messages from us whatsoever just reply STOP to text message or REMOVE from email message. You agree to maintain an updated phone number and email address with BOXER INSPECTIONS LLC. In the unlikely event you receive a communication from BOXER INSPECTIONS LLC that you believe could violate the terms of this Agreement, you agree to promptly notify BOXER INSPECTIONS LLC at info@boxerinspections.com.
Appendix A
Items requiring separate inspections (additional fees apply):
• Pools, spas, hot tubs
• Landscape irrigation systems
• Detached garages
• Detached structures – sheds, workshops, etc
• Termite, Wood Destroying Insects (WDI)
• Homes older than 25 years and 50 years
The following is a non-inclusive list of items that are not part of the TREC Standard Inspection. Refer to Texas Administrative Code Chapter 535, Subchapter R (§535.227 - §535.233) for included items.
Items not included in a Real Estate Home Inspection. For any specialized inspections, the client is responsible for hiring an inspector for that inspection.
• Underground items (such as utilities), gas lines, sewer or drain systems
• Fuel quality
• Telephone systems
• Television and/ or satellite systems
• Elevators
• Central vacuum systems
• Bulkheads / docks and piers
• Fences / yard enclosures
• Underwater electrical equipment
• Intercoms
• Sound systems
• Security
• Fire detection systems
• Fire sprinkler systems
• Water-conditioning equipment
• Drain or waste ejector pumps
• Water mains
• Sewer systems
• Water wells / springs
• Saunas / Steam baths
• Fountains
• Waterfront structures and equipment
• Solar systems
• Outdoor cooking equipment
• Free-standing appliances
• Playground equipment
• Personal property
• Water well systems
• Septic systems – conventional or anaerobic
• Solar power systems – cells, batteries, inverters, etc
• Security systems
• Sound systems
• Satellite systems
• Mold / mildew
• Chinese drywall
• Lead
• Asbestos
• Formaldehyde
• Indoor air quality
Items requiring specialized inspections:
• Water well systems
• Septic systems – conventional or anaerobic
• Solar power systems – cells, batteries, inverters, etc
• Security systems
• Sound systems
• Satellite systems
• Saunas / steam baths
• Fountains
• Mold / mildew
• Chinese drywall
• Lead
• Asbestos
• Formaldehyde
• Indoor air quality