Visual Inspection and Limitations Consulting Agreement
Property Doctors Home Inspections
1703 Todd Lane
Cedar Park, Texas 78613
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 RELATOR BEFORE THE INSECTION IS SHCEDULED.
For the purpose of this agreement:
PDI (Property Doctors Inspections) means any INSPECTOR, independent contractor, owner, officer, agent or employee of Property Doctors Inspections.
STANDARDS means a guideline document created by the Texas Real Estate Commission (TREC). The Standards of Practice defines the inspection scope, limitations, exclusions, and departures.
CLIENT means persons or entities specified as “CLIENT:” on the "book your inspection form" including all undisclosed spouse, partners, relatives, realtor, or entities to this transaction.
INSPECTOR means a person who is licensed by the TREC to inspect.
PROPERTY means only the primary residential dwelling unit located at the “Property:” noted on the "book your inspection form" unless otherwise specified in the REPORT, including the septic system, pool, well, well water, irrigation system or any other item requested to be insepcted.
REPORT means the written TREC REPORT, the Standards of Practice, photos, internet addenda references in the TREC REPORT, other addendums and this agreement.
"BOOK YOUR INSPECTION FORM " means the form that the client or realtor submitted on the Property Doctors website to book the inspection(s), this
1. The CLIENT represents and warrants that CLIENT has secured all approvals necessary for the Inspector to conduct the inspection of the property.
2. If PDI performance is prevented by any cause, PDI shall be excused from this agreement and held harmless.
3. In exchange for the Inspection Fee paid to PROPERTY DOCTORS by the CLIENT, PDI shall provide the services of an INSPECTOR to perform a limited visual inspection of the property using Standards of Practice.
4. The STANDARDS define the scope and limitations of the inspection. The inspection is limited in time and scope. The inspection is solely an attempt to identify obvious adverse material deficiencies that, in the opinion of the INSPECTOR, significantly affect the performance of the item inspected. The visual inspection addresses obvious conditions at readily accessible areas which exist at the time of inspection and are recognized and subsequently judged to be deficient by the INSPECTOR. Items are operated using only normal controls or modes if, in the
opinion of the INSPECTOR, consequential damage will not occur. The INSPECTOR does not move personal or stored items to access obstructed areas; any such effort is partial in context. Discovery of deficiencies where evidence is discrete, implied or requires observation from multiple perspectives are beyond the scope of this inspection but may be commented on if recognized by happenstance. The INSPECTOR is acting as a generalist and not an expert regardless of any specialty license, certification, or degree the INSPECTOR may have.
5. The REPORT provided by PDI provides good-faith opinions or advice concerning the need for repair or replacement of certain observable items. The opinions are not statements of fact. By signing this Consulting Agreement, the CLIENT understands that the services provided by the INSPECTOR fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act (“DPTA”) and agrees that no cause of action exists under the DTPA related to the services provided. TPI expressly reserves the right to revise opinions as information changes and welcomes further relevant information.
6. The INSPECTOR’s opinions may not reflect the total extent of defects or damage; defects that have been cosmetically masked to impair detection or which are discrete; conditions in inaccessible areas; defects that may have or could have been disclosed by a Sellers Disclosure or an inspection performed by an Engineer, Specialists; defects that may have or could have been disclosed by an inspection using special tools; deficiencies that may become evident later under different conditions and usage.
7. CLIENT agrees to carefully read the REPORT, the Standards of Practice, and any photos or addendum prior to purchase. Oral opinions provided by the INSPECTOR are partial in context and superseded by the written REPORT. CLIENT is advised to have REPORTed items investigated by appropriate experts prior to purchasing the property.
8. INSPECTOR may provide gratuitous limited comments about wood destroying insects in the Home Inspection REPORT; however, PDI is not licensed to do WDI Inspections, and does not do them. As a convenience to our customers, we will schedule a WDI Inspection with a licensed Pest Control Company if the client so desires. CLIENT is advised that almost all homes experience termites.
9. Exclusivity: CLIENT gives permission to INSPECTOR to distribute and discuss REPORT findings with parties related to this transaction, including real estate agents.
10. CLIENT agrees to be fully responsible for themselves and any guests of the CLIENT during the inspection. CLIENT is advised that ladders and areas such as roofs, attics, or crawl spaces are unsafe.
11. Limitations and Exclusions: CLIENT is advised, that unless specified in the REPORT, (1) INSPECTOR does not inspect items other than those listed in the Standards of Practice; anything buried, hidden, latent, or concealed; cosmetic or aesthetic conditions; automated or programmable control systems, automatic shut-off, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestors, remote controls, security or data distribution system. (2) INSPECTOR does not REPORT: past repairs that appear or are judged by the INSPECTOR to be effective and workmanlike; finish damages that are unlikely to affect performance or unrelated to water penetration. (3) INSPECTOR does not determine: the priority, significance, or ramification of deficiency discoveries; conditions prior or subsequent to inspection; insurability, warrant ability, habitability, adequacy, capacity, reliability, marketability, operating costs, recalls, life expectancy, age, insulation characteristics, energy efficiency, thermostatic operation, code compliance, utility sources, manufacturer or regulatory requirements; presence or absence of pests or wood-destroying organisms; presence, absence or risk of any environmental pathogen (e.g. mold, mildew, fungi), carcinogen, toxin or poison; types of wood, preservative treatment or fastener compatibility. (4) INSPECTOR does not warrant: absence of leakage; future performance of any item. (5) INSPECTOR does not operate or inspect items requiring use of codes, keys, combinations or other such devices including shut-off, safety or stop valves; designate conditions as hazardous or safe; recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty or instructions, repair plans, cost estimates, disclosure documents, or other REPORTs; operate or verify inaccessible drain systems, recirculation or sump pumps, pressure or pressure regulation devices; remedy conditions preventing inspection of any item; apply open flame to operate any appliance; turn on decommissioned equipment, systems, or utility services; walk on roofs where eave is higher than 10 feet from ground; access steep roofs – or roofs that are slippery or where damage may occur; enter crawl space areas lower than 18 inches below the joists. CLIENT agrees that any comment by INSPECTOR regarding these limitations is partial in context, gratuitous and does not establish precedent. Many more limitations and exclusions are contained in the Texas Standards of Practice REPORT and addenda.
12. Attorney Fees: INSPECTOR and the CLIENT agree that in the event any dispute or controversy arises as a result of this agreement, and the services provided the prevailing party shall be entitled to recover all of the prevailing party’s reasonable and necessary attorneys’ fees and costs incurred by that party. CLIENT agrees to pay all of INSPECTOR’s if they do not prevail on all claims. CLIENT agrees to reimburse INSPECTOR for any professional liability deductible, up to $5000.00, within 30 days of any claim payment to the CLIENT.
13. 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 INSPECTOR and the CLIENTs.
14. By signing this agreement, CLIENT authorizes INSPECTOR to provide your contact information (including telephone number) to a third party service provided (TPSP) in order to offer you additional value-added services. CLIENT agrees to waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone) regarding special home alarm system offers. As appreciation for this release, INSPECTOR’s affiliate will provide a 90-Day Limited Warranty on inspected property, which will be a secondary warranty to any warranty already provided to the CLIENT as a result of the real estate transaction.
15. Disclaimer or Warranties: The CLIENT understands and agrees that 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 for repair or undisclosed defects; (2) That any or 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 were performing at the time of the inspection; and (4) That any of the items inspected re merchantable or fit for any particular use.
16. CLIENT agrees to pay the fees NO LESS than the pricing structure noted on www.austinpropertydoctors.com. If CLIENT provides INSPECTOR with credit card information, this agreement gives permission to INSPECTOR to process the card for the agreed fee plus a 3% convenience fee. Payment is due at the time of inspection and prior to REPORT delivery, unless otherwise agreed. Deferred payments are subject to a $30 handling fee. The report will not be sent until the inspection(s) are paid for in full.
17. CLIENT agrees that prior to taking any action, legal or otherwise, CLIENT shall: (1) submit a written claim to INSPECTOR within (10) days of the deficiency discovery to the address on the top of this agreement. The written claim shall describe the suspected deficiency. (2) Allow PDI, their agent or legal representative to perform a re-inspection of deficiencies stated in the claim. (3) Agree not to disturb or repair the disputed item prior to a re-inspection except in cases where injury or subsequent property damage may occur. Any claim must be presented within one (1) year from the date of the inspection. INSPECTOR shall have no liability for any claim presented one year or more after the date of the inspection.(4) The CLIENT will not slander the reputation of PDI until the claim is completely resolved or CLIENT may be liable for punitive damages.
18. NOTICE TO CONSUMERS AND SERVICE RECIPIENTS: A recovery fund is available for aggrieved persons through the Texas Real Estate Commission P.O. Box 12188, Austin, TX 78711-2188 800-250-8732 or 512-459-66544 http://www.trec.state.tx.us
LIMITATIONS OF LIABILITY: By booking your PDI inspection and receiving your inspection report, CLIENT is agreeing to this agreement, CLIENT understands, agrees, and acknowledges that the Inspection Fee paid to PDI is small relative to the risk of liability associated with performing home inspections. CLIENT acknowledges that without the ability to limit liability, PDI would be forced to charge CLIENT much more than the Inspection Fee agreed upon. CLIENT acknowledges being given the opportunity to have this Agreement reviewed by counsel of their choosing and further acknowledges that opportunity of hiring a different INSPECTOR to perform the Inspection. By booking your inspection, this Agreement, CLIENT agrees that PDI and insurance total liability is limited to the amount of the Inspection Fee paid and this liability shall be exclusive.
DISPUTE RESOLUTION: Any dispute, controversy, interpretation, or claim, including claims for but not limited to, professional liability, insurance compensation, breach of contract, any form of negligence, fraud, or misrepresentation arising out of, from, or related to the inspection and inspection REPORT shall be submitted for final and binding arbitration under the Rules and Procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. (www.cas-usa.org) pursuant to Chapter 171 of the Texas Civil Practice & Remedies Code and in accordance with the arbitration agreement. This Service Agreement, the Texas Standards of Practice, and the REPORT shall govern the dispute and any settlement.
BY BOOKING YOUR INSPECTION, CLIENT ACKNOWLEDGES THAT THEY HAVE READ THIS 3 PAGE CONTRACT; THAT CLEINT UNDERSTAND THE TERMS AND CONDITIONS AND THAT CLIENT AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF THIS IS A JOINT PURCHASE, CLIENT’S AGREES THAT WARRANTS EXPRESSED CONSENT AND AUTHORITY TO AGREE FOR ALL UNSIGNED PARTIES OR PARTIES ABSENT FROM THE INSPECTION.
Property Doctors, CEO