AGREEMENT
HHI Home Inspections, Henson Home Companies, LLC
HOME INSPECTION PROFESSIONAL CONSULTING AGREEMENT
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THIS IS A LEGAL AGREEMENT. PLEASE READ CAREFULLY BEFORE SIGNING. YOU HAVE THE RIGHT AND IT IS PRUDENT TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT IF YOU DO NOT FULLY UNDERSTAND THE CONDITIONS.
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Inspector agrees to provide inspection services in accordance with this Agreement and render professional opinions for the purpose of informing the Client(s) listed above (individually or collectively the Client) of major deficiencies in the condition of the above-referenced property (the Property). In consideration for the inspection services, the Client agrees to pay the inspection fee. Additional fees may apply for return visits that may be required to complete an inspection where items or systems were not ready or deemed safe to originally inspect. All return visit fees are charged at a rate set by the inspector and company. Additional fees for travel and time may apply depending on the quantity of items to inspect and property location.
What is Inspected: In exchange for an Inspection Fee as agreed to ( Services Provided ), the Inspector will (a) inspect the Property in accordance with the Standards of Practice 535.227535.233 (Feb, 1 2009) adopted by the Texas Real Estate Commission (TREC) EXCEPT as indicated in the following section ( What is Not Inspected ) and (b) provide the Client with a completed Property Inspection Report on the form promulgated by the TREC within 48 hours of the inspection. The Standards of Practice referenced above are incorporated into this Agreement as if set forth fully herein. They may be viewed online at www.trec.state.tx.us and will be provided to the Client upon request.
The inspection shall include a non-exhaustive evaluation of all systems identified in the Standards of Practice. While some building code related items may be identified as Deficient in the Property Inspection Form for the purpose of identifying potentially hazardous conditions (See Texas Real Estate Consumer Notice Concerning Hazards or Deficiencies, TREC Form No. OP-I) or to provide further clarification for the Client, the Client understands and agrees that the Inspector does not perform a code compliance inspection. The Inspector will perform an inspection of those items as required by the Standards of Practice that are visible and safely accessible as determined by the Inspector. Areas and/or items deemed to be inaccessible and or unsafe to inspect as determined by the Inspector shall be identified in the inspection report as not inspected under the Departure rules. The inspection will be a non-destructive and practical evaluation of major components of the Property and as are apparent on the date of the inspection. The Inspector will not enter into or climb upon unsafe areas that may potentially endanger the Inspector, in his sole judgment. The Inspector is not providing engineering services. Engineering opinions may only be provided by a licensed engineer.
What is Not Inspected ( Agreed Departures ) : The following specific limitations apply but should not be considered as a totally exhaustive list (See the TREC Standards of Practice for additional limitations). Unless expressly stated otherwise, Inspector does not test, inspect, report on or offer opinions on: soil analysis or adequacy of design; aesthetic items such as wall, ceiling or trim paint; cosmetic deficiencies such as wall paper or texture deficiencies; floor coverings, cabinetry, countertops and or trim work deficiencies; window treatments, and the like; items where access is limited or prevented by furniture, personal belongings, or similar obstructions; life expectancies & repair estimates; drafting of chimneys; inaccessible portions and or components of all mechanical, electrical and plumbing systems; gas line sizing and/or piping connections; cleaning cycles of self-clean ovens, timer functions on ovens and microwaves; determination of water quality; all forms of plastic water supply piping and associated connectors; determining the presence of Kitec or any other plastic piping product; determining absence or presence of Chinese drywall; all freestanding appliances; sewage disposal systems including grinder or ejector pumps and associated equipment; general pests, termites or other wood destroying organisms, rodents, and/or diseases ( unless otherwise itemized in the Services Provided section of this agreement); testing of air conditioning when exterior temperatures are below 65 degrees F within the past 12 hours, testing of heating systems when temperatures are above 85 degrees F at the time of inspection; exterior walks, driveways, and patios; sub-surface water/springs, caves, fault lines, potential flooding conditions that would not be readily detectable or apparent at the time of inspection, potential floodplain or flood areas; items listed with the Consumer Product Safety Commission identified as unsafe and/or determined to be under a recall by manufacturer; items or areas identified by the EPA as a potential household concern; ADA ( Americans with Disabilities Act ) compliance; any and all environmental issues, including: pollutants, mold, mildew, fungi, radon gas, lead based paint, gases, volatile organic compounds borne contaminations; inspection of roof covering underlayments, concealed flashing details, installation and appropriateness of fasteners securing any and all types of decks or roofing; flood testing of building drains and/or shower pans, lavatories and bath tub overflows; turn on or turn off any gas, water supply or irrigation valves; test temperature and pressure valves on water heaters; turn on or off any electrical breakers; common areas in planned communities, condominiums or townhouses; exterior veneer coverage ( paints, stains and/or other surface coatings ); exterior landscape lighting; mechanical or powered gates; fencing and or exterior retaining walls. The Inspector does not determine the operational capacity, quality, or suitability for a particular use of any system or component in the home or on the property. Inspection also does not over water softeners or wall vacuum systems. This Inspection does not cover latent defects not reasonably and readily observable or detectable during the inspection process nor those that may be covered by recent repairs, remodeling, painting, or defects that may be concealed or obstructed by stored items or furniture.
Attics: Inspectors will not straddle framing structures, walk on attic trusses, framing structures or anything that could cause damage to the structure or injury to the inspector. HHI inspectors will stay on attic walkways or decked areas meant for safe travel.
Irrigation systems: System are optional and only inspected when requested by client. It is not to be assumed that it will be inspected. Systems will not be inspected when temperatures are below 40 degrees or within 48 hours after freezing weather or when freezing temperatures are predicted in the near future.
Client specifically agrees to hold Inspector harmless from any claims or liability regarding any areas that have been purposely concealed, covered, touched up or otherwise hidden on the premises and or unreported or withheld from the Sellers Disclosure documents.
Client agrees the sole recourse is against the responsible parties thru civil action. The inspection intends to reduce but will not eliminate risk; therefore, the standard inspection does not identify all defects or problems (visible or concealed). The Client agrees that such non-reporting does not constitute any actionable representation or omission and specifically waives any and all claims at law or in equity, in connection with any such reporting.
This agreement and report will not include, and should not be read or interpreted, to determine the insurability or merchantability of any item or items inspected.
Moisture and/or Indoor Air Quality (IAQ): The Inspector is not responsible for the discovery or reporting on the presence of any type of airborne or surface contaminants, mold, mildew or concealed moisture intrusion. Such services are beyond the scope of this inspection. If comments are made concerning (past and/or present) moisture intrusion, plumbing leaks, roof leaks, and/or any type of moisture damage; the Client has the responsibility to contact a specialist for further investigations and/or testing services.
Optional systems : such as lawn and garden sprinklers, swimming pools, spas, hot tubs (including related equipment), outbuildings, water wells, sewage disposal (septic) systems, and other built in appliances not specifically listed in the Appliances section of the Property Inspection Report shall not be inspected unless agreed to by the inspector. All inspections on Optional Systems are visual and non-exhaustive in nature. These evaluations are opinion based. All concerns should be directed to a specialist in their fields.
Disclaimer of Warranties: The inspection and Property Inspection Report is not a warranty, guarantee (express or implied), insurance policy, or substitute for real estate transfer disclosures, including a Sellers Disclosure Statement, or other legally required disclosures. The Client understands and agrees that the Property Inspection Report constitutes the Inspectors advice, judgment, and professional opinion with respect to the condition of the Property as outlined in the report. The Inspector does not insure nor guarantee the future performance of the structure or any component within the structure. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to the property, systems, components, or the contents therein.
THE INSPECTOR HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Report and Inspection Findings: The written report including any and all photographs or digital recordings taken during the time of inspection remain the copyrighted property of the Inspector. The Client agrees distribution of the completed report shall be solely to persons involved with this transaction; including, but not limited to, real estate professionals representing the seller and/or client, attorneys of record representing the seller and/or client, the Title Inspector and/or lender representing the Client. Distribution, use of or sale of this copyrighted report to any other parties is expressly prohibited. Client specifically gives permission to the Inspector to distribute the report per the Clients direction and to discuss report findings with any and all parties related to this transaction. Please note that the Inspector reserves the right to provide additional addendums, clarifications or modifications to the original inspection report. Any such addendums, clarifications or modifications shall be delivered to the Client no later than 48 hours from the time of the original inspection report. Oral opinions provided by the Inspector are partial in context and superseded by the written report and any addendums, clarifications or modifications forwarded to the client as agreed above.
Client Responsibilities: Client agrees to carefully read the entire inspection report and any and all addendums and to confer with all recommended specialists noted in the inspection report. All marked deficiencies are to be further evaluated by a professional in the field. Failure by the client to secure the services of recommended specialists is done so at the sole risk of the Client and the Inspector shall be hereby released from any and all claims for non-disclosure that may be related or consequential to deficiencies noted in the inspection report.
It is the Clients responsibility to contact an insurance agent to confirm the property is fully insurable without reservation as the Inspector does not guarantee or certify the building and or property is insurable.
It is the Clients responsibility to contact and secure the services and guidance of Legal counsel, counsel from a qualified real estate agent and counsel from contractors and repairmen in negotiating repair needs and/or satisfying that all deficiencies that exist on the property are repaired and/or negotiated to the Client satisfaction prior to closing.
Failure to seek appropriate guidance is the direct responsibility of the Client and the Inspector shall be fully released from any and all associated claims that may be charged against the Inspector as a result of the Clients failure to secure such guidance.
Enforceability: If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator, the remaining terms shall remain in force between the parties.
Subrogation Clause: The Client specifically waives all subrogation rights or interests that may be afforded to the seller, lenders, spouses, legal
Partners, beneficiaries, insurance companies or any other party that may hold an interest in the property or estate inspected under this agreement. The Client specifically agrees to hold harmless, fully defend and satisfy any and all such claims that may arise against the Inspector out of the performance of the inspection and inspection report provided.
Claim Notice Procedure: The Client understands and agrees that any claim(s) or complaint(s) arising out of or related to any alleged act(s) or omission(s) of the Inspector, in connection with the services provided, shall be reported to the Inspector in writing and in reasonable detail within ten (10) business days of discovery. Unless there is an emergency condition, the Client agrees to allow the Inspector without hindrance a reasonable period of time to investigate the claim(s) or complaint(s) by, and among other things, a re-inspection of the condition(s) or item(s), before the Client or anyone acting on behalf of the Client, repairs, replaces, alters, or modifies the system(s) or component(s) that are the subject matter of the claim or complaint. The Client understands and agrees that Clients failure to timely notify the Inspector and allow adequate time to investigate the conditions prior to any repairs or alterations as stated above, shall constitute a complete waiver and relinquishing of any and all claims that the Client (complainant) may have against the Inspector, as relating to the alleged act(s) or omission(s), unless otherwise prohibited by law. The Client agrees that no claim, demand, or action, whether sounding in contract or in tort, may be brought to recover damages against the Inspector more than (90) calendar days after the date of the inspection report.
Required Notice to Client: State law mandates under article 6573a, section 1102.364, that you are given notice and availability to the Texas Real Estate Inspection Recovery Fund in cases of inspector negligence. For further information on this fund please contact the Texas Real Estate Commission @ 1101 Camino La Costa, Austin, TX 78752.
Exemption from liability under DTPA Act: The Client hereby acknowledges that the Inspector is licensed by the state of Texas and is recognized in the industry and by the state of Texas as a Professional Inspector for the purposes of DTPA ( Deceptive Trade Practice ). The professional opinions of the Inspector provided in verbal or written format are considered professional opinions, therefore exempted from liability under DTPA section 17.49
Arbitration of Disputes: All parties agree that if a dispute or claim arises from this agreement or the inspection performed by the Inspector and it cannot be amicably settled through direct communication, that any and all disputes shall be settled thru mediation under the guidelines set forth under Texas law. Both parties shall share equally in the cost of mediation. In the event mediation is unsuccessful, both parties voluntarily agree to binding arbitration by a single, conflict free, mutually agreeable arbitrator, and shall use the procedural rules, but not the administration of the American Arbitration Association per Construction Industry Arbitration.
If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party, without waiving the right to enforce binding arbitration, may petition a court of general jurisdiction in Bexar County, Texas to appoint a mediator and/or arbitrator. Any arbitration proceeding shall be held in Bexar County, Texas. The Client and the Inspector shall share equally in the costs of the arbitrator, subject to the arbitrators right to award such costs as provided below. The Client expressly waives all rights to a trial by jury in lieu of mediation and/or arbitration to settle any and all claims.
Fees and Costs associated with Disputes: In the event the Client files a claim or initiates a mediation or arbitration proceeding against the Inspector, the Client agrees to pay any and all fees, including but not limited to: mediator or arbitrator fees, costs of expert witnesses, legal defense fees, deposition fees and any and all other such expenses incurred by the Inspector, if the Client is not the prevailing party in the dispute on ALL claims.
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LIMITATION OF LIABILITY
Client understands that this is not a technically exhaustive inspection. A technically exhaustive inspection is available that involves the hiring of specialists in each area of the inspection process. These inspections take approximately 12 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 agreeing 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, attorneys fees, costs, and expenses. This limitation of liability is binding upon the Clients heirs, successors, assigns, and any other party claiming rights under this Agreement, including those claiming by, through, or under Client.
Choice of Law: This Agreement shall be construed, governed, and enforced in accordance with the laws of the State of Texas.
Entire Agreement: This Agreement represents the entire agreement between the Client and the Inspector. No oral agreements, understandings, or representations shall change, modify, or amend any part of this Agreement. No changes or modifications to this Agreement shall be enforceable unless they are in writing and signed by both the Client and the Inspector.
Acceptance: This Agreement is solely between the Inspector and the Client for whom the inspection was performed. Due to the rapid pace that many real estate transactions occur at, it is not technically possible in some cases for Clients to always attend inspections. If the Client is not present during the inspection process, and/or fails to sign and return a fully executed copy of the last page of this Agreement prior to or at the time of inspection, the Clients acceptance of the Property Inspection Report constitutes an implied acceptance of this entire Agreement in full.
Payment: Payment of the above sums are due upon completion of the onsite inspection. In the event of any default in payment, unpaid sums shall bear interest at the lesser of the highest legal rate or 1.5% per month. All returned checks are subject to a $50 returned check fee. Client shall be held responsible for all necessary collection fees including but not limited to legal fees, collection agencies etc. on any unpaid fees or returned checks.
Cancellation & Re-scheduling Policy: Cancellations require a 24-hour notice to the Inspector or a minimum 50% cancellation fee is charged to the client. Rescheduling an inspection requires a 24-hour notice to the Inspector or a minimum 25% rescheduling fee is charged to the client in addition to the original inspection fees quoted.
HHI is always trying to make sure that each, and every client is aware of all aspects of the home. We have a broad range of team members that are available to help in this process, including our partners at True Home Protection. By signing this agreement, I acknowledge that I would like to be contacted by True Home Protection to discuss home security, home automation and/or video surveillance. I agree to be contacted by phone, text and e-mail at the contact information provided. HHI will not ever sell credit card information and you will have the option to opt out of this service.
For Clients using HHI Home Inspections for Mold/Air Sampling:
LIMITED/NON-DESTRUCTIVE
INDOOR AIR QUALITY TESTING AGREEMENT
Please Read Carefully
This Limited Indoor Air Quality Testing Agreement (the “Agreement”) is made effective on the date stated on this agreement by and between HHI Home Inspections, Inc. (hereinafter “Inspector””, “we”, “us” and “our”) and the client {{CLIENT_NAME}} in this agreement (hereinafter “Client”, “You” or “Your”) (collectively “parties”). We are an independently owned and operated company engaged in the business of providing home inspection and indoor air quality testing services utilizing an ESA approved Lab, called PriorityLab. Lab (hereinafter “PriorityLab, Inc.”) for environmental laboratory analysis. You desire to have a Limited Indoor Air Quality Testing Inspection (hereinafter “Inspection”) performed on a property located at the address {{ADDRESS}}.
PURPOSE
HHI Home Inspections will collect air samples, swabs and/or tape lifts only from designated areas inside and outside the house to determine the lack of, or presence of elevated mold/mold spores present at the time of sampling.
Scope of the Limited Indoor Air Quality Testing
The results of Limited Indoor Air Quality Testing samples are not a guarantee that mold does or does not exist in the Subject Property; the results are indicative only of the presence or absence of mold in the areas sampled at the time the Limited Indoor Air Quality Testing is performed. The inspector is a generalist and is not a Certified Industrial Hygienist or expert in any specific craft or trade relevant to mold analysis, assessment, or remediation. If the collected air samples in the report show elevated levels of mold and recommend further action, including but not limited to counseling with a specialized expert(s), you must do so at your own expense or otherwise assume all risk associated with failure to do so. This inspection is not technically exhaustive and does not include mold analysis, assessment or mold remediation. The fee charged for this inspection is substantially less than that of a technically exhaustive inspection.
The inspector will collect air samples from designated areas inside and outside (control sample) the house. This will enable PriorityLab to compare and identify the type(s) of mold, and also the concentrations of mold spores in the air at the time of inspection. The inspector will collect a certain number of samples, based on design, floor plan, square footage and/or areas of concern, then document time and areas where the samples were collected. After all samples are collected, the inspector will ship (over-night mail) all air samples, swabs and/or tape lifts to PriorityLab for analysis. All samples are sent to PriorityLab to determine and analyze the type(s) of mold present at the time of sampling.
Within 2 business days starting at the end of the inspection day, PriorityLab will e-mail the inspector the results in a written report stating whether mold or conditions indicating mold were found in the designated areas. For explanation or questions regarding these results, please call PriorityLab at (888) 854-0477 or email ask@inspectorlab.com.
Scope of Visual Inspection/Exclusions
The scope of this Visual Mold Inspection and Indoor Air Quality Testing Agreement IS LIMITED TO READILY ACCESSIBLE AREAS. We do not remove floor and wall coverings or move furniture, open walls or perform any type of destructive inspection. Certain structural areas are considered inaccessible and impractical to inspect, including but not limited to: the interiors of walls and inaccessible areas below; areas beneath wood floors over concrete; areas concealed by floor coverings; and area to which there is no access without defacing or leaving out lumber, masonry, roofing or finished workmanship; structures; portions of the attic concealed or made inaccessible by insulation, belongings, equipment or ducting; portions of the attic or roof cavity concealed due to inadequate crawl space; areas of attic or crawl space made inaccessible due to truss design, construction; interiors of enclosed boxed eaves; portions of the interior made inaccessible due to furnishings; areas where locks prevented access; areas concealed by appliances; areas concealed by stored materials; and areas concealed by vegetation. Note: There is no economically practical method to make these areas accessible. However, they may be subject to attack by microbial organisms. NO OPINION IS RENDERED CONCERNING THE CONDITIONS IN THE AFOREMENTIONED OR OTHER INACCESSIBLE AREAS.
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Notice of Claims
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You understand and agree that any claim(s) or complaint(s) arising out of or relating to any alleged act or omission in connection with the inspection shall be reported to us, in writing, within ten (10) business days of discovery. Unless there is an emergency condition, you agree to allow us a reasonable period of time to investigate the claim(s) or complaint(s) by, among other things, re-inspection before you, or anyone acting on your behalf, repairs, replaces, alters or modifies the system or component that is the subject of the claim. You understand and agree that any failure to timely notify us and allow adequate time to investigate as stated above shall constitute a complete bar and waiver of all claims you may have against us related to the alleged act or omission unless otherwise prohibited by law.
Limitation Period
In the event of legal action, the client(s) agree(s) that any liability of inspector and Allstate Home Inspections is limited to a refund of the fee paid for the collection of air samples.
Limitations Period
Any legal action arising from this Agreement or from the Inspection and Report, including but not limited to the arbitration proceeding more specifically described above, must be commenced within one (1) year from the date of the inspection. Failure to bring such action within this time-period shall be a complete bar to any such action and a full and complete waiver of any rights or claims based thereon. This time limitation period may be shorter than provided by state law. This inspection, inspection agreement and report do not constitute a warranty, an insurance policy, or a guarantee of any kind; nor do they substitute for any disclosure statement as may be required by law.
Confidentiality
You understand that the sampling is being performed and report prepared for your sole, confidential and exclusive benefit and use. The Report, or any portion thereof, is not intended to benefit any person not a party to this Agreement, including but not limited to the seller or real estate agent(s) involved in the real estate transaction or any other individual or entity deemed to be a third party. If you directly or indirectly allow or cause the report or any portion thereof to be disclosed or distributed to any third party, you agree to indemnify, defend, and hold us harmless for any claims or actions based on the Inspection, Samples, or the Report brought by the third party.
By signing below, you acknowledge that you have read, understand, and agree to the terms and conditions of this agreement, including but not limited to the limitation of liability, arbitration clause and limitation period, and agree to pay the fee listed in the box above stating the total fee. In addition, you acknowledge and agree that the Inspector may notify the homeowner or occupants of the Subject Property (if other than you), as well as any appropriate public agency of any conditions discovered that may pose a safety or health concern.
Indoor Air Quality Testing
If you have discussed this inspection and know the total number of samples that will be collected are 2 or greater, please verify that you have read and accept this agreement then click the box below so that the Mold Air Sample Inspection can take place. We appreciate your business.
The Client has read and understands the content, terms, and conditions of this Agreement, including, but not limited to, the limitations of liability, complaint procedures, arbitration clause, subrogation clause and limitation periods. The Client has the right to have this Agreement reviewed by an attorney of his/her choice prior to signing and the right to choose another Inspector if the terms and conditions of this Agreement are unsatisfactory.
The Client certifies to the Inspector to have the legal authority to enter this contract on behalf of a spouse, life partner and/or any other third party. The Client agrees to fully assume any and all obligations or legal liability to successfully defend the Inspector against any and all claims that may arise or be charged against the Inspector by such spouses, partners or other third parties that may have a legal interest in the property or this agreement.
This agreement is sent out on the date of scheduling and was requested to be signed before the time of inspection. If the client (yourself) is not signing the agreement till at the time of inspection or after the inspection has taken place, the client still understands and is agreeing to the terms of the inspection and a refund will not be made because of concerns with the agreement.