Service Agreement

This is a binding contract. Please read before booking your inspection. This document should be reviewed prior to any inspection being requested. Customer must obtain all approvals for inspection prior to requesting an inspection.

  1. Definitions:

Inspection Standards are promulgated by the Texas Real Estate Commission (TREC), the government agency that licenses Home Inspectors. The scope, requirements, and information of an inspection performed by More Than Studs are governed by these official Inspection Standards.

You, the “Customer” are all persons, real or business entities, requesting an inspection.

An Inspector is a person who is licensed by TREC to inspect structures in the state of Texas.

Property means the primary residential dwelling unit located at the premises noted on the Inspection Request unless otherwise specified in the report. Property includes any septic system, pool, well, well water, irrigation system or other items requested to be inspected.

The Report is inclusive of the written TREC compliant report prepared in accordance with the Inspection Standards, photos, internet addenda references in the report, addendums and this agreement.

  1. Performance: If on the date of the inspection More Than Studs is refused or unable to access the property for any reason, More Than Studs shall be excused from performance and all fess paid shall be forfeited.

  2. Consideration: For the fee paid to More Than Studs by the customer, More Than Studs shall provide the services of an inspector to perform a limited visual inspection of the property using Inspection Standards.

  3. Inspection Standards and Methodology. The Inspection 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. The inspector is not an expert regardless of any specialty license, certification, or degree the inspector may have.

  4. Professional Service and the Texas Deceptive Trade Practices Act: The report provided by more than studs provides good-faith opinions or advice concerning the need for repair or replacement of certain observable items. The opinions are not statements of fact. Customer acknowledges 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 in this service agreement. More than studs expressly reserves the right to revise opinions as information may be discovered or acknowledged.

  5. Scope of Report: The inspector’s opinions are not definitive. The report may not reflect the total extent of defects or damage including: defects that have been cosmetically masked to impair detection or which are

 

More Than Studs DFW, LLC All Rights Reserved. 2018

 

discrete; conditions in inaccessible areas; defects that may have or could have been disclosed by a sellers disclosure or an inspection performed by specialists including engineers; 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.

  1. Written Report: Customer agrees to carefully read the report, the Inspection 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. Customer is advised to have reported items investigated by appropriate experts prior to purchasing the property.

  2. Wood Destroying Insects (WDI): Inspector may provide gratuitous limited comments about wood destroying insects in the home inspection report. More Than Studs does not perform WDI inspections. As a convenience to our customers, More Than Studs will coordinate with a licensed provider for WDI upon request. Any requested WDI inspection is subject to additional fees and charges. More Than Studs makes no representations or warranties regarding any WDI that is requested and performed.

  3. Consent: Customer gives permission to inspector to distribute and discuss report findings with parties related to this transaction, including real estate agents.

  4. Liability for Property: Customer agrees to be fully responsible for any persons on the property during the inspection. Customer is advised that hazards may be located on the property and that more than studs is to be held harmless for any damage that may be incurred on the premises.

  5. Limitations and Exclusions: customer is advised, that unless otherwise provided for in the report

  1. inspector does not inspect items other than those listed in the Inspection 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 evaluate: 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 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 provides no warranties regarding the absence of leakage or future performance of any item.

  5. inspector does not:

    1. Operate or inspect items requiring use of codes, keys, combinations or other such devices including shut-off, safety or stop valves;

    2. Designate conditions as hazardous or safe;

    3. Recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty or instructions, repair plans, cost estimates, disclosure documents, or other reports;

 

More Than Studs DFW, LLC All Rights Reserved. 2018

 

  1. Operate or verify inaccessible drain systems, recirculation or sump pumps, pressure or pressure regulation devices;

  2. Remedy conditions preventing inspection of any item;

  3. Apply open flame to operate any appliance;

  4. Turn on decommissioned equipment, systems, or utility services;

  1. 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;

  2. Enter crawl space areas lower than 18 inches below the joists.

Customer agrees that any comment by inspector regarding these limitations is partial in context, gratuitous and does not establish precedent.

  1. Disclaimer: The customer 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.

  2. Attorney’s Fees: Customer agrees that in the event any dispute or controversy arises as a result of this agreement, and the services provided the inspector is entitled to recover all reasonable and necessary attorney’s fees and costs incurred by that party. Customer agrees to pay all of inspector’s if they do not prevail on all claims. Customer agrees to reimburse inspector for any professional liability deductible, up to

$10,000.00, within 30 days of any claim payment to the customer.

  1. Severability of Service Agreement: 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 customers.

  2. Terms of Payment: Customer agrees to pay the fee as provided when requesting the inspection. This agreement gives permission to inspector to process any provided debit or credit card for the agreed fee plus applicable convenience fees. Payment is due at the time of inspection unless otherwise agreed. The report will not be sent until any amounts outstanding are paid in full.

  3. Disputes. Customer agrees that prior to taking any action, legal or otherwise, customer shall:

  1. submit a written claim to inspector within (7) days of the deficiency discovery to the address on the top of this agreement. The written claim shall describe the suspected deficiency;

  2. allow more than studs, 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 customer will not slander the reputation of more than studs until the claim is completely resolved or customer may be liable for punitive damages;

 

More Than Studs DFW, LLC All Rights Reserved. 2018

 

(5) if a claim has been resolved details of that claim will remain between the customer and more than studs and not shared publicly.

  1. Notice to Consumers: The Texas Real Estate Commission maintains a recovery fund for aggrieved persons. You may contact them at P.O. Box 12188, Austin, Texas 78711-2188, 800-250-8732, or http://www.trec.state.tx.us

  2. Limitations of Liability/Liquidated Damages: Customer 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. More Than Studs and Customer agrees that More Than Studs liability is limited to the amount of $500.00 as liquidated damages.

  3. Forum, Choice of Law, Venue: Any dispute, controversy, interpretation, or claim, arising out of, from, or related to the inspection and inspection report shall be determined under the laws of the State of Texas. Venue for any dispute whatsoever shall be exclusively in Collin County, Texas. This service agreement, the Texas Inspection Standards of practice, and the report shall govern the dispute and any settlement.

  4. Consent and Acknowledgement: By requesting your inspection, customer acknowledges that they have read this contract; further, customer agrees to be bound the service agreement. If this is a joint purchase, customer agrees that all unsigned parties or parties absent from the inspection have provided authority request the inspection.

  5. Information Disclosure to Third Parties: By signing this agreement, customer authorizes inspector to provide your contact information (including telephone number) to a third-party service provided to offer you additional services. Customer agrees to waive and release any restrictions that may prevent the TPSP from contacting you (including by telephone) regarding additional home related services.

 

More Than Studs DFW, LLC All Rights Reserved. 2018

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