Larry Freeze TREC #8943
16975 FM 1660
Taylor, Texas 76574
(512) 589-4096
FreezeHomeInspections@hotmail.com

Sample Inspection Agreement

(You may digitally/electronically sign an Inspection Agreement that I email to you.)

SAMPLE AGREEMENT:

THIS LEGALLY-BINDING AGREEMENT is made by and between Freeze Home Inspections (hereinafter “FHI” or “Inspector”) and the undersigned Client (hereinafter “Client”), collectively referred to herein as “the Parties” on this Date:
Address of the property to be inspected:   
Scheduled Date of Inspection:
Client:
Optional Items to inspect:
Total Inspection Fee: $
Payable to:  "Larry Freeze"
Due BEFORE transferring Report  (Cash, check, or Money Order only - Credit Cards are NOT accepted at this time)
 
Client:  Please Initial each page and sign on last page IF you print and bring a hardcopy to the inspection)
The Parties understand and voluntarily agree as follows:
1.  Inspector agrees to perform a standard, Texas Real Estate Commission-compliant, visual inspection of the home and to provide Client with an emailed Inspection Report (“Report”) with photos identifying Deficiencies and concerns observed by the Inspector on the date of inspection.  FHI’s intent is to provide Client with opinions of the current performance of the home and its major systems. The inspection and report are not an appraisal or warranty of any kind, and cannot predict the future performance of any system or item.  Unless otherwise notified, Client should expect receipt of Report within 24 hours of completion of inspection.  Payment is due in full before transfer of report to Client.  As a courtesy, FHI requests that Client acknowledge successful receipt of the Report.  This Agreement is considered to be part of the Report. FHI reserves the right to amend the Report after initial emailing of Report to Client.
2.  As a Texas Real Estate Commission (“TREC”) licensed home inspector, FHI is a generalist and is not a specialist or licensed engineer in any particular area.
3.  Inspector agrees to perform the inspection in accordance with TREC’s Standards of Practice for Real Estate Inspectors.
Systems and items routinely inspected by FHI include:  STRUCTURAL SYSTEMS – Foundations; Grading & Drainage; Roof Covering;  Roof Structure and Attic; Walls (Interior and Exterior); Ceilings and Floors; Doors (Interior and Exterior); Windows; Stairways (Interior and Exterior); Fireplaces and Chimneys; Porches, Balconies, Decks, and Carports;  ELECTRICAL SYSTEMS - Service Entrance and Panels; Branch Circuits; GFCI and AFCI safety features;  HVAC Systems – Heating Equipment; Air Conditioners; Ducts and Vents;  PLUMBING SYSTEM – Water supply and distribution (including water pressure); Drains; Water heaters; Jacuzzis;  APPLIANCES – Dishwashers; Food disposers; Range Hood/Exhaust; Ranges/Cooktops/Ovens; Built-in microwave ovens; Mechanical exhaust vents (bathroom/laundry); Garage door openers; Clothes dryer vents; OPTIONAL SYSTEMS - Lawn sprinkler systems; Detached outbuildings; Swimming pools.
4.  While FHI agrees to follow TREC’s Standards of Practice to provide the Client with an overview of the current condition of the home and its major systems, Client understands that these standards contain limitations, exceptions, and exclusions.  The parties mutually agree with the following quote which TREC requires to be included in the Report emailed to Client:
“The TREC Standards of Practice (Sections 535.227-535.233 of the Rules) are the minimum standards for inspections by TREC-licensed inspectors. An inspection addresses only those components and conditions that are present, visible, and accessible at the time of the inspection.  While there may be other parts, components or systems present, only those items specifically noted as being inspected were inspected.    The  inspector  is  NOT  required  to  turn  on  decommissioned equipment,  systems,  utility services or apply an open flame or light a pilot to operate any appliance. The inspector is NOT required to climb over obstacles, move furnishings or stored items.  The inspection report may address issues that are code-based or may refer to a particular code; however, this is NOT a code compliance inspection and does NOT verify compliance with manufacturer’s installation instructions.  The inspection does NOT imply insurability or warrantability of the structure or its components.  Although some safety issues may be addressed in this report, this inspection is NOT a safety/code inspection, and the inspector is NOT required to identify all potential hazards.
In this report, the inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present or deficient and explain the findings in the corresponding section in the body of the report form. The inspector must check the Deficient (D) box if a condition exists that adversely and materially affects the performance of a system or component or constitutes a hazard to life, limb or property as specified by the TREC Standards of Practice. General deficiencies include inoperability, material distress, water penetration, damage, deterioration, missing components, and unsuitable installation.  Comments may be provided by the inspector whether or not an item is deemed deficient.  The inspector is not required to prioritize or emphasize the importance of one deficiency over another.
Some items reported may be considered life-safety upgrades to the property. For more information, refer to Texas Real Estate Consumer Notice Concerning Recognized Hazards or Deficiencies below.  [See http://www.trec.texas.gov/pdf/forms/insp/OP-I.pdf]
THIS  PROPERTY  INSPECTION  IS  NOT  A  TECHNICALLY  EXHAUSTIVE  INSPECTION  OF  THE  STRUCTURE,  SYSTEMS OR COMPONENTS. The inspection may not reveal all deficiencies.  A real estate inspection helps to reduce some of the risk involved in purchasing a home, but it cannot eliminate these risks, nor can the inspection anticipate future events or changes in performance due to changes in use or occupancy.  It is recommended that you obtain as much information as is available about this property, including any seller’s disclosures,  previous inspection  reports,  engineering reports, building/remodeling permits, and reports performed for or by relocation companies, municipal inspection departments, lenders, insurers, and appraisers.  You should also attempt to determine whether repairs, renovation, remodeling, additions, or other such activities have taken place at this property.   It is not the inspector’s responsibility to confirm that information obtained from these sources is complete or accurate or that this inspection is consistent with the opinions expressed in previous or future reports.
ITEMS IDENTIFIED IN THE REPORT DO NOT OBLIGATE ANY PARTY TO MAKE REPAIRS OR TAKE OTHER ACTIONS, NOR IS THE PURCHASER REQUIRED TO REQUEST THAT THE SELLER TAKE ANY ACTION.  When a deficiency is reported, it is the Client’s responsibility to obtain further evaluations and/or cost estimates from qualified service professionals.  Any such follow-up should take place prior to the expiration of any time limitations such as option periods.
Evaluations by qualified tradesmen may lead to the discovery of additional deficiencies which may involve additional repair costs.  Failure to address deficiencies or comments noted in this report may lead to further damage of the structure or systems and add to the original repair costs.  The inspector is not required to provide follow-up services to verify that proper repairs have been made.
Property conditions change with time and use. For example, mechanical devices can fail at any time, plumbing gaskets and seals  may  crack  if  the  appliance or plumbing fixture is not used often, roof leaks can occur at any  time regardless of  the apparent  condition  of  the  roof,  and  the  performance of  the structure and the systems may change due to changes in use or occupancy, effects of weather, etc. These changes or repairs made to the structure after the inspection may render information contained herein obsolete or invalid. This report is provided for the specific benefit of the Client named above and is based on observations at the time of the inspection.   If you did  not  hire  the  inspector  yourself,  reliance  on  this  report  may  provide incomplete or outdated information.  Repairs, professional opinions or additional inspection reports may affect the meaning of the information in this report.  It is recommended that you hire a licensed inspector to perform an inspection to meet your specific needs and to provide you with current information concerning this property.”

5.  Client agrees to provide FHI with available pertinent information, such as Seller’s Disclosure(s), previous repairs/renovations, and any particular concerns that Client has about the property, before the inspection.
6.  Per TREC Standards, items which will NOT be inspected, tested or reported by FHI include, but are not limited to: laundry equipment; water softening/purification systems; refrigerators/freezers; countertop microwave ovens; low-voltage systems (such as home security systems, cable TV, internet, telephone, and speaker/sound systems); wood-destroying organisms; asbestos; lead-based paint; mold; fungi; pollutants and other airborne or environmental hazards.  The use of specialized equipment, such as moisture meters, gas detectors, and cooling refrigerant pressure gauges, is beyond the scope of this inspection.  FHI is neither a private water well nor septic system specialist.

7.  Client acknowledges possible limitations, including, but not limited to: 
     a. Inspector will enter and inspect attic if the entry access is readily accessible. Client understands that attics are dark and that insulation and limited headroom prevent safe walking and access to all areas of the attic.
     b. Rain, wet conditions, and/or wind may preclude safe access to roofs.  Rain or wet conditions may preclude safe opening of exterior electrical panels.
     c. Inspector will attempt to inspect roof coverings from roof surface level and climb atop roof if it can be done safely.  However, some roofs are too steep to safely climb and some two-story and higher roofs are not safely accessible.  This Inspector does not have a ladder to access roofs of two stories or more.  In such cases, inspector will observe the roof from ground level using binoculars. To prevent damage, FHI does not walk on clay/tile roofs. If the home has two or more stories, Client may wish to consider arranging for a possibly free roof inspection by a qualified roofing company.
     d. Some examples of “Decommissioned” equipment which might not be inspected include, but are not limited to:  “winterized” plumbing systems; circuit breakers in “Off” position; water or gas valves in “Off” positions; gas pilot lights not lit; Heating-Cooling (“HVAC”) thermostats which are not readily adjustable.  Hence, it is important for Client to verify that all water, electric and gas utilities are On and all systems are ready to operate in normal modes.
     e. To prevent damage to HVAC equipment, FHI will not activate cooling systems when the outdoor temperature is below 60 degrees F.  FHI will not activate electric heat pump systems in heat pump mode when outdoor temperature is above 70 degrees F. 
     f.  As this Inspector will be at the property for a limited time, Client understands that Client will likely make additional discoveries upon taking possession of the home (after moving/removing furniture, carpets; while making repairs or renovations, for examples).  Inspector is not liable for any latent or concealed issues discovered after the date and time of inspection.

8.  Client is encouraged to be present during the inspection, or at least at the end of inspection to take advantage of FHI’s oral review of findings.  As FHI will be quite focused during the inspection process (which might take a few hours), FHI respectfully requests that a Question and Answer session with Client take place at the conclusion of FHI’s inspection. Client enters potentially unsafe areas (such as attic or roof) at Client’s own risk. 

9.  If Client is present at end of inspection and is not satisfied with FHI’s services, Client may exercise the option of not paying for the inspection.  Client must personally notify FHI before FHI departs the property to exercise this option, in which event, this agreement and any information provided to Client shall be rendered null and void upon signing a release; Client will not receive a written report; and Client releases FHI and its agents from any and all obligations and liability of any kind.

10. The inspection and report are for the use of Client only. Only the Client has any rights or privileges pertaining to this Agreement and Report. FHI will share inspection information with other parties with Client’s expressed permission.

11. Disputes -  FHI encourages Client to contact FHI with any questions the Client may have after Client’s receipt of the Report.
    a.  FHI pledges to make good faith efforts to resolve any concerns that Client has with the Report.  If Client has concerns, Client agrees to notify FHI within 10 calendar days of discovery of said concern(s) both by way of verbal communication and a hand-signed document describing the concerns, and allow FHI to return to the property before any repairs are made pertaining to the concern(s). Any corrective actions made prior to FHI’s return, unless deemed emergency repairs related to personal safety or property damage, will release FHI from all liability.
    b.  In the event the parties cannot reach an amicable resolution, and unless deemed otherwise by a court of competent jurisdiction, any actions against FHI arising from this Agreement must commence within 12 months of the date of the original inspection.    Parties agree to abide by conciliation, mediation, and/or arbitration rules set forth by the Better Business Bureau of Central and South Central Texas and neither party shall have a right to bring suit in court.  The opinions of an independent, unbiased, currently TREC-Licensed Professional Home Inspector shall be included in any conciliation, mediation, arbitration, and/or litigation.
    c.  Client acknowledges that the liability of Inspector, its agents and/or employees, for claims or damages, costs of defense or suit, attorney’s fees and expenses arising out of or related to the Inspector’s negligence or breach of any obligation under this Agreement, including errors and omissions in the inspection or the report, shall be limited to liquidated damages in an amount equal to the fee paid to the Inspector, and this liability shall be exclusive. The parties acknowledge that the liquidated damages are not intended as a penalty but are intended (i) to reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) to allocate risk among the Inspector and Client; and (iii) to enable the Inspector to perform the inspection to provide helpful, informative services at the relatively small stated inspection fee.
12.  The parties agree that any litigation arising out of this Agreement shall be filed only in Williamson County, Texas, the County in which this Inspector has its principal place of business.  In the event that Client fails to prove any claims against Inspector in a court of law, Client agrees to pay all legal costs, expenses and fees of Inspector in defending said claims.
13.   If any court of competent jurisdiction declares any provision of this Agreement invalid, the remaining provisions will remain in effect.  This Agreement is not transferable or assignable and represents the entire agreement between the parties.  All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.  No statement or promise of Inspector or its agents shall be binding unless reduced to writing and signed by Inspector.  No change shall be enforceable against any party unless it is in writing and signed by the parties.  This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.  Client shall have no cause of action against Inspector after twelve months from the date of the inspection.
14.  If Client requests FHI to return to re-inspect specific items (the home’s heating system or other equipment was decommissioned at time of original inspection; some items were not readily accessible, for examples ), the re-inspection is also subject to all the terms and conditions set forth in this agreement.  FHI’s usual minimum fee for a re-inspection is $100.00.
15.  Should any provision of this Agreement require judicial interpretation, the Court shall not apply a presumption that the term shall be more strictly construed against one party or the other by reason of the rule of construction that a document is to be construed more strictly against the party who prepared it.

BY ELECTRONIC SIGNATURE OR E-MAIL REPLY TO FHI, CLIENT ACKNOWLEDGES:  A) RECEIPT OF A COPY OF THIS AGREEMENT,  B)  CLIENT HAS HAD AMPLE TIME TO CAREFULLY READ THE FOREGOING, C) HAS READ IT IN ITS ENTIRETY,  D) HAS HAD AMPLE TIME TO ASK QUESTIONS ABOUT THE AGREEMENT,  AND AGREES TO IT.
      
X:________________________________________   Date:___
(SIGNATURE OF CLIENT and DATE Required IF a hardcopy is printed and brought to inspection)

FHI Contact Info: Larry Freeze / Freeze Home Inspections / 512-589-4096 / FreezeHomeInspections@hotmail.com / freeze_larry@hotmail.com

Client’s Phone Number(s): __                                   Client’s email:__

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"Thank you for the prompt, very detailed and informative report. Greatly appreciated." -- K. R. (Round Rock, Texas)

 

 

   
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