2011 Victory Avenue
Wichita Falls , Texas 76301
Residential/Commercial Inspection Agreement
Jeffrey Langley
4910 Colleen Dr, Wichita Falls, TX 76302
350.00
10/17/2023
9:00 am
Accurate Inspections , herein after known as the Inspector agrees to conduct an inspection for the purpose of informing the client of major deficiencies in the condition of the property listed above. THE WRITTEN REPORT IS THE PROPERTY OF THE CLIENT AND ACCURATE INSPECTIONS , AND SHALL NOT BE USED BY OR TRANSFERRED TO ANY OTHER PERSON OR COMPANY WITHOUT THEIR CONSENT.
1) This inspection of the subject property shall be performed by the Inspector for the Client in accordance with the Standards of Practice of the Texas Real Estate Commission.
2) The purpose of this inspection is to identify and disclose visually observable major deficiencies of the inspected systems and items AT THE TIME OF THE INSPECTION ONLY. The inspector will not attempt to determine the life expectancy or future performance of any system or component. The inspection is limited to visible components at the time of inspection, and the inspector will not attempt to report on systems, items, or conditions not readily accessible. Roofs are walked and crawl spaces are entered when conditions allow the inspector to do so safely and when they are deemed accessible. Detached structures are not included in the inspection unless specifically agreed upon by both the inspector and the client.
3) This inspection is not intended to be technically exhaustive, nor is it considered to be a GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE CONDITIONS OF THE PROPERTY, ITEMS AND SYSTEMS INSPECTED AND IT SHOULD NOT BE RELIED ON AS SUCH. The Inspector shall not be held responsible or liable for any repairs or replacements with regard to this property, systems, components, or the contents therein. Company is neither a guarantor nor an insurer.
4) THE INSPECTION AND REPORT DO NOT ADDRESS AND ARE NOT INTENDED TO ADDRESS CODE AND REGULATION COMPLIANCE, THE POSSIBLE PRESENCE OF/OR DANGER FROM ASBESTOS, RADON GAS, LEAD PAINT, UREA FORMALDEHYDE, MOLD, FUNGUS, SOIL CONTAMINATION AND OTHER INDOOR AND OUTDOOR SUBSTANCES. THIS INSPECTOR IS NOT A STRUCTURAL ENGINEER. WHILE VISUAL OBSERVATIONS WILL BE MADE TO THE CONDITION OF THE FOUNDATION, EXACTING MEASUREMENTS OF PREVIOUS MOVEMENT AND/OR PREDICTIONS ABOUT FUTURE MOVEMENT ARE BEYOND THE SCOPE OF THIS INSPECTION. THE CLIENT IS URGED TO CONTACT A COMPETENT SPECIALIST IF FURTHER INFORMATION, IDENTIFICATION, OR TESTING OF THE ABOVE IS DESIRED.
5) IMAGES -The insertion of digital images in this written report is to perform as an aid to better understanding conditions or deficiencies we have described in print. These images are inserted only as an example of conditions which may exist, and the same or similar condition may exist in more than one area of the dwelling (wall cracks, foundation cracks, hail impacts, etc.). It is not practical, nor is it our intention to provide an image of every deficiency noted in the report or of every deficiency which may be present. The presence of an image should not be interpreted as being the only area this deficiency may exist.
We have only commented on deficiencies which we were aware of or we felt were significant to the function or performance of the dwelling. We have not commented on items for which we were not aware of or on items which, in our opinion, were insignificant to the function or performance of the dwelling.
6) Any matter concerning the interpretation of this Agreement, of the Inspection Report, or any claim based upon either of them shall be subject to mediation between the parties, or failing such mediation shall be resolved by binding arbitration in accordance with the Construction Arbitration Services, Inc. Should such a need for mediation, arbitration and/or litigation arise, the inspector retains the right to collect all expenses incurred for defense, from the client or party, should the inspector be found innocent of negligence, errors or omissions. THE INSPECTOR'S TOTAL LIMIT OF LIABILITY FOR ANY CLAIM BASED ON THIS AGREEMENT OR THE INSPECTION REPORT IS THE FEE CHARGED FOR THIS INSPECTION.
7) Accurate Inspections will perform this inspection in accordance with the Texas Real Estate Commission (TREC) standards of practice, and provide as much information as could reasonably be expected, based on those standards. We will be direct and fair in our methods of inspecting, discussing and reporting. We expect our clients to be fair as well. If you have previous knowledge of the home or specific concerns, we expect this information will be shared with the inspector. If a problem is present upon moving into the home you feel should have been reported; we expect to be notified and allowed access to the property to inspect such problems prior to repairs being made, unless the situation is a true emergency. It is possible undisclosed issues which were not apparent to the inspector, can be discovered in the process of future repairs. Repair prior to closing will help reduce the possibility of unexpected expenses related to repairs.
8) Accurate Inspections is not responsible for another participant’s personal safety during this inspection process. Clients, their representatives, or others participation shall be at his/her own risk for falls, injuries, property damage, etc.
9) PLEASE NOTE: All invoices are due and payable upon receipt unless prior arrangements have been made. Invoices delivered to the Title Company at your or your Agent’s request are to be paid at the time of closing. If the contract does not go to closing, you hereby authorize the Title Company to pay this invoice from Escrow Funds on deposit. If there are insufficient Escrow Funds available, you agree to submit payment outside of Escrow within 72 hours of the contract being cancelled. We do not carry accounts payable for more than 60 days. If your closing is more than 60 days from the date of this inspection, we request payment be made at time of the inspection.
10) IMPORTANT NOTICE: Due to this being a legal document, your inspection report cannot be released by our inspection software system until this agreement is signed. Also, we strongly recommend downloading and saving a copy of your inspection report after you receive it. Due to the parameters set by our inspection software system, the email link will expire within one year, and will not be accessible after that time.
The undersigned have read, understood and accepted the terms and conditions of this agreement and agree to pay Accurate Inspections at or before the time of inspection, unless previous payment arrangements have been made.
Randy Pounds, Texas Professional Inspector
TREC License #20421
RESIDENTIAL/COMMERCIAL WDI CONSULTING AGREEMENT
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.
Important Limitations and Disclaimers
This Property WDI Inspection Report reports on only the address listed and only on the current condition of those items as of the date of inspection. This report reflects only if the property inspected are observed to have active infestation or conducive conditions at the time of inspection. This report reflects only those items that are reasonably observable at the time of inspection. NO REPRESENTATION OR COMMENT is made concerning any latent defect or defects not reasonably observable at the time of the inspection or of items which require the removal of major or permanent coverings. For example, but without limitation, recent repairs, painting or covering may conceal prior or present insect, leak or other damage which is not reasonably observable by the inspector and no representation or comment can be made. NO REPRESENTATION IS MADE CONCERNING ANY OTHER CONDITION OR THE FUTURE PERFORMANCE OF THE STRUCTURE. NO REPRESENTATION IS MADE AS TO ITEMS NOT SPECIFICALLY COMMENTED UPON. ALL WARRANTIES EXPRESSED OR IMPLIED, NOT SPECIFICALLY STATED HEREIN ARE EXCLUDED AND DISCLAIMED. If a comment is made concerning the condition of any item, the Client is URGED to contact a qualified SPECIALIST to make further inspections or evaluations of that item. Client must notify Accurate Inspections in writing of any complaints within seven (7) days of the date of inspection and must thereafter allow prompt re-inspection of the item in question. Otherwise, all claims for damages arising out of such complaint are waived by Client. If Client institutes any legal action concerning this inspection, and fails to prevail on all causes of action alleged, Client shall be liable to Accurate Inspections for all of its attorney’s fees incurred in such action. Actual damages for any breach of contract or warranty, negligence or otherwise are limited to the amount of the inspection fee paid. The Client, by accepting this Report or relying upon it in any way, expressly agrees to these Limitations and Disclaimers.
Client further acknowledges, agrees, and authorizes Accurate Inspections to provide their contact information (including telephone number) to a third-party service provider (“TSP”), with which Accurate Inspections may affiliate with to offer the client additional value-added services. Accurate Inspections may in some cases be compensated for making these arrangements.
For more information concerning your rights, contact the Consumer Protection Division of the Attorney General’s Office, your local District or County Attorney, or the attorney of your choice.
Inspector and / or Inspecting company agree to provide inspection services in accordance with this Agreement and render professional opinions for the purpose of informing the Client(s) listed on the order form (individually or collectively the "Client") of major deficiencies in the condition of the referenced property submitted on the order form (the "Property"). All return visit fees maybe charged at a rate of a minimum $50 fee. 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. The inspection shall include a non-exhaustive evaluation of the property. The Inspector will perform an inspection of those items 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. The inspection will be a non-destructive and practical evaluation of the Property and as are apparent on the date of the inspection. The Inspector will not enter or climb upon unsafe areas that may potentially endanger the Inspector or the property, in his sole judgment.
What is Not Inspected (Agreed Departures): The following specific limitations apply but should not be considered as a totally exhaustive list Unless expressly stated otherwise, Inspector does not inspect, items where access is limited or prevented by furniture, personal belongings, or similar obstructions.
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 action able 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.
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. 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. Any “typos” or misspelled words are considered just a “typo” and should be considered as intended.
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.
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 Wichita County, Texas to appoint a mediator and/or arbitrator. Any arbitration proceeding shall be held in Wichita County, Texas. The Client and the Inspector shall share equally in the costs of the arbitrator, subject to the arbitrator's 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 or Accurate Inspections 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.
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 1-2 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 signing below in person or by digital proxy or by relying on the report in any way, 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, attorney's fees, costs, and expenses. This limitation of liability is binding upon the Client's 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 and or Accurate Inspections. 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 including an authorized representative of Accurate Inspections.
Acceptance: This Agreement is solely between the Inspector, Accurate Inspections 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.
SERVICES PROVIDED
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.
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.
I have read, agree with and FULLY and COMPLETELY understand the provisions of this disclaimer and that this inspection is not a warranty or guarantee. This inspection is essentially visual, it is not technically exhaustive, and it does not imply that every defect will be discovered. It is only a statement of opinion and/or condition as of and on this date.
Randy Pounds, TDA Certified Applicator
TDA License #0892190
