Home buyer inspection agreement.  Thank you for taking time to read and approve the inspection agreement. If you have any concern or question by all means please contact John Cahill. Your inspection is important to us.

Copy the text below language and send it back with your approval to cahillinspection@gmail.com

This contract is for a person who is considering buying a residential property. CIS shall perform a limited visual inspection of the property for the Client using the TREC Standards of Practice, including their limitations, as a guideline. Departures from the TREC Standards include: code compliance or comparison; manufacturer specifications or comprehensive inspection (repetitive items are inspected in a representative manner). The TREC Standards are at http://www.trec.state.tx.us.

CIS provides opinions regarding observed significant (material) performance related deficiencies. Minor items may be reported as a courtesy but are beyond the scope of the inspection. CIS reserves the right to revise opinions as information changes and welcomes further relevant information.

Unless stated, the inspection does not: (a) determine the cause of the defect; (b) prescribe repair methods; (c) inspect to codes or manufacturing standards; (d) provide comprehensive reporting. Any comment regarding the aforementioned is partial in context. The inspection is performed in a systematic manner that varies from inspector to inspector. The inspector reports material defects that are recognized during this process however the inspector does not represent every defect will be recognized. This is an inherent limitation of a general inspection. A comprehensive inspection for a higher fee would be required to represent every defect is discovered. Contact us if interested.

Client agrees to pay the fee agreed upon prior to report delivery. The report will be delivered via email within three working days and because email can sometimes fail, Client agrees to contact CIS if the report has not been received in the time specified. Client agrees to be responsible to assure report delivery.

The client understands and agrees that CIS makes no guarantee or warranty, express or implied: (a) that all defects or conditions have been found; (b) that CIS or the Inspector will pay for repair of undisclosed defects; (c) that any of the items inspected will continue to perform in the future as they were performing at time of the inspection.

The inspection is limited in time and scope. Unless specified: (a) items are operated using only normal controls or modes if, in the opinion of the inspector, consequential damage will not occur (b) the inspector does not move items and only accessible areas are inspected.

Client gives permission to CIS to distribute and discuss report findings with parties related to this transaction.

 In the event of a dispute, Client agrees that prior to taking any action, legal or otherwise Client agrees: (a) to allow CIS to perform an inspection of the disputed condition (b) to not to disturb or repair the disputed item prior to an inspection except in cases where injury or subsequent property damage may occur. (c) to pay all of CIS expenses if they do not prevail on all claims against CIS.

Client agrees any dispute shall be submitted for final and binding arbitration under the Rules and Procedures of a mutually agreed Arbitration Services company pursuant to Chapter 171 of the Texas Civil Practice & Remedies Code.

Client agrees to indemnify CIS for expenses or damages resulting from subrogation by a Clients insurance company. Client agrees to inform their property casualty insurance company (home owners insurance) that they may not rely on this report to provide insurance on the property.

Client agrees: 1) electronic recordings (audio and or video) will not be made without advanced written permission of CIS 2) at Client's expense, to provide to CIS a complete unaltered reproduction of the original recording within 5 days of the recording date. 3) distribution of any recording is limited solely to CIS and that under no circumstance will such recording, or excerpt, be distributed or made accessible to any entity, person via the Internet or any other means. 4) at any time, CIS may amend recorded information without penalty.

LIMITATIONS OF LIABILITY: Client understands and agrees:

(a) that the inspection fee paid to CIS is small relative to the liability associated with performing home inspections and that without the ability to limit liability, CIS would be forced to charge Client much more than the inspection fee agreed upon;

(b) Client agrees that CIS and CIS insurance total liability is limited to the amount of the Inspection Fee paid;

(c) Client may have this Agreement reviewed by counsel of their choosing;

(d) that the services provided by the Inspector fall within the Professional Services Exemption of the Texas Deceptive Trade Practices Act ("DTPA") and agrees that no cause of action exists under the DTPA related to the services provided.

BY MY ELECTRONIC APPROVAL, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT; THAT I UNDERSTAND THE TERMS AND CONDITIONS, THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THE REPORT AND RELATED DOCUMENTS WILL BE READ IN THEIR ENTIRETY BEFORE CLOSING. IF THIS IS A JOINT PURCHASE, CLIENT(S) SIGNATURE WARRANTS EXPRESSED CONSENT AND AUTHORITY TO SIGN FOR ALL UNSIGNED PARTIES OR PARTIES.