PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING

 

              I.  Scope of Inspection
              A.  The parties agree that the “Standards of Practice” (the “Standards”) shall define the standard of duty
              and the conditions, limitations and exclusions of the Inspection and are incorporated by reference herein.  A
              copy of the Texas Real Estate Commission’s Standards can be found on the internet at www.trec.state.tx.us.
              B.  In exchange for the Inspection Fee paid by client, the Inspector agrees to provide the Client with an
              Inspection Report setting out the Inspector’s professional opinions concerning the condition of the Property
              further described in the report.  The inspection will be performed in accordance with the Standards of
              Practice promulgated by the Texas Real Estate Commission.  Inspector will attempt to identify major
              defects and problems with the Property.
              However, Client acknowledges that the Inspection Report may not identify all defects or problems.
              C.  The inspection is limited to those items which can be seen, easily accessed and/or operated by the   
              Inspector at the time of the inspection as set in the Inspection Report.  Inspector will not remove wall,
              floors, wall coverings, floor coverings and other obstructions in order to inspect concealed items.  Systems
              and conditions which are not specifically addressed in the Inspection Report are excluded.

              II.  Not within our scope of Inspection
              A.  Systems, items and conditions which are not within the scope of the building inspection include but are
              not limited to:  radon, formaldehyde, lead paint, asbestos, toxic or flammable materials, molds, other
              environmental hazards, pest infestation, security and fire protection systems, household appliances,
              humidifiers, wall and window treatments, interior walls, ceilings and floors, recreational equipment.
              B.  Underground storage tanks, energy efficiency measurements, water wells, heating systems, accessories,
              solar heating systems, sprinkler systems, water softener, telephone, intercoms, cable tvs, antennae, lighting
              arrestors, trees or plants, manufacture specifications.

               III.  Inspection Report
              A.  This Inspection Report will contain the Inspector’s professional, good faith opinion concerning the need
              for repair or replacement of certain observable items.  These opinions should not be construed as statements
              of fact or factual representations concerning the Property.  This report will not include compliance with city
              codes, insurability, efficiency or future performance of any item inspected.
              B.  The Inspection Report in not a substitute for seller disclosures or real estate agents.  Statements should
              be read for any material facts that may effect the desirability or market value of the Property.
              C.  Further evaluation of certain items maybe needed by licensed experts.  By signing this agreement, the
              Client understands that the services provided by the Inspector fall within the Professional Services
              Exemption of the Texas Deceptive Trade Practices Act and agrees that no cause of action exists under this
              Act related to the services provided.

              IV.  Disclaimer of Warranties
              The Inspector makes no guaranty or warranty, expressed or implied, as to any of the following: 
              1.  That all defects have been found or that the Inspector will pay for repair of undisclosed defects.
              2.  That any of 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 are performing at the time
              of the inspection.
              4.  That any of the items inspected are merchantable or fit for any particular purpose. 

      V.  Limitation on Liability
      A.  It is agreed by both parties that the Inspector is not an insurer, that the Inspection Payment is based
      solely on the value of the services provided for inspection.
      B.  It is not practicable to fix the actual damages, if any, which may result from a failure to perform such
      services.  In case of failure to perform such services and a resulting loss, Client’s damages herein shall be
      fixed in an amount equal to the inspection fee paid.

          VI.  Dispute Resolution
              A.  In the event that a dispute arises regarding an inspection, the Client agrees to notify the Inspector within
              10 days of the date the Client discovers the basis for the dispute as to give the Inspector a reasonable
              opportunity to reinspect the Property.  Client agrees to allow reinspection before any corrective action is
              taken by the Client.
              B.  Client agrees not to disturb or repair any evidence relating to the complaint.  Client further agrees that
              the Inspector can conduct the reinspection himself or employ others (at Inspector’s expense) to reinspect
              the Property.
              C.  In the event that a dispute cannot be resolved by the Client and the Inspector, the parties agree that any
              dispute shall be resolved by mandatory and binding arbitration administered by the American Arbitration
              Association (AAA) pursuant to Chapter 171 of the Texas Civil Practice and Remedies Code and in
              accordance with this arbitration agreement and the commercial arbitration rules of the AAA.

              VII.  Attorney’s Fees
              The Inspector and the Client agree that in the event that any dispute or controversy arises as a result of this
              Agreement, and the services provided hereunder, the prevailing party in the dispute shall be entitled to
              recover all of the prevailing party’s reasonable and necessary attorney’s fees and costs incurred by that
              party.

      VIII.  Exclusivity
      A.  The inspection and 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.
      B.  In the event that any person, not a party to this Agreement, makes any claim against Inspector, it’s
      employees or agents, arising from services performed by this Inspector under this Agreement, the Client
      agrees to indemnify, defend and hold harmless Inspector from any and all damages, expenses, costs and
      attorney’s fees arising from such claim.

           IX.  Discuss Report Findings __________
              Client gives permission for the Inspector to discuss Report findings with the following parties:
              1.  _none______________________________________________________________________.
              2.  ___________________________________________________________________________.
              3.  ___________________________________________________________________________.

               One written report and one email will be sent to this Client only.  Client will forward Report to others.

              BY MY SIGNATURE BELOW, ACKNOWLEDGES THAT I HAVE READ THIS CONTRACT
              AND THE ATTACHED DOCUMENTS, IF ANY; THAT I UNDERSTAND THE TERMS AND
              CONDITIONS AND THAT I AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
              IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS OBLIGATION IS A FAMILY
              OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.

              CLIENT ________________________________________________DATE_____________________

              STAR BRITE INSPECTOR _________________________________DATE _____________________

              FRANK ADAME, PROFESSIONAL HOME INSPECTOR

              TREC LICENSE #  10235

              STAR BRITE HOME INSPECTIONS
              10019 Harwich Drive, Dallas, TX 75229
              1-866-893-6366
           www.sbhinspections.com
           frank@sbhinspections.com