ADDITIONAL INFORMATION PROVIDED BY INSPECTOR
Contractual terms between the inspector and all parties including the Buyer and others.
As will be reflected evident in this report every effort has been made to assure the inspection was NOT performed in a negligent or incompetent manner and we have abided by all TREC standards and business practices, The Real Estate License Act, the Texas Real Estate Commission's rules, TREC Laws and Regulations, Standards of Practice, Texas Occupations Code, and all TREC code of ethics and guidelines. As to Section 1102.301 The inspector has used “a reasonable person’s judgement” and has been deliberate, diligent, and conscientious in performing this inspection and preparing this report.
As to Section 535.222 (Inspection Reports). The inspector has prepared a report noting observed deficiencies, general observations, given options, recommendations, judgements, and other items required to be reported. NOT all deficiencies, in need of repair, faulty items, systems, components, auxiliaries will be detected and reported, unless the inspector is given an unlimited amount of time to conduct the inspection, consult with multi skilled licensed experts, deliberate on all of the information and unlimited time to prepare the report.
As to Section 535.227 (b)(5) defines a deficiency as: The inspector has used “reasonable judgment”, to note a condition that: (A) adversely and materially affects the performance of a system, or component; or (B) constitutes a hazard to life, limb, or property as specified by these standards of practice. The inspector has explained the findings in the corresponding body of the inspection report. Pleased note in the above “Preamble” – “If any item or comment is unclear, you should ask the inspector to clarify the findings.” It is important that you carefully read ALL of this information. The inspector has provided whether or not an item is deemed deficient. The TREC Rules do not specifically address the format in which deficiencies, comments and recommendations should be delivered.
ALL Readers of this report should Realize that “other general information, comments and/or recommendations” in the report can be TREC information, observations, subjective insufficiencies and may not necessarily be TREC deficiencies, but are merely efforts of the inspector trying to provide the best possible services to his client, the inspector will always explain these in detail to his “privy client”. The report “is not intended “for anyone else’s access or use. The inspector has contracted with the purchaser of this information only. This Company or employee do not give permission to anyone to plan, anticipate, intend to secure this report as a benefit to any other third party for any purpose or reason. We do not convey any right to any third party to be a “claimant” in the event of any form of breach of contract, such as but not limited to misinformation, differences of opinion, discrepancies or
omissions or claims all forms of negligent or incompetent conduct. This report does not have any Third-Party beneficiary or privy legal status.
An inspector’s primary obligation is to the inspector’s client. TREC rules (§535.220) require inspectors to conduct their business in a manner that ensures independence from outside influence when performing real estate inspections. Understandably, it may be difficult and not clearly discernable for an unauthorized person not meant to receive this report, a conflicting third party, (i.e. seller), a general lay person or someone seeking retaliation to clearly identify the deficiencies or to differentiate a reported deficiency from other general information, comments and/or recommendations or the narrative could be misinterpreted. To avoid confusion, we have made every effort and will continue to clarify our narratives and explain our report in detail to our clients. As suggested by the TREC, we are using additional subheadings and are separating the findings of deficiency from our “other general information, comments and/or recommendations”. [Section 535.223 (3)(F) allows the inspector to add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form]. We implore any and all conflicting party to contact us about any part of this report, we are here to help all parties.
The inspector has exercised his absolute best duty not to breach any contractual agreements, cause any actual cause, proximate cause, or damages to any parties. The inspector is providing and rendering of a professional service, opinions and, client agrees that the inspector has perform in substantial conformity with all standards, requirements, business practices, laws and regulations, the agreement and any implied contract, has not breached any implied warranty, the inspector has not intended or knowingly, provided any false, misleading information, or deceptive acts or practices, has not knowingly breach of an express or implied warranty; any unconscionable action or course of action by any person.
The inspector will not use any persuasive language or give any opinions to convince the buyer that the house is or is not worth buying or make any determination of any level for any deficiencies noted. A real estate inspection is a limited visual survey and basic performance evaluation of the systems and components of a building using normal controls that provides information regarding the general condition of a residence at the time of inspection. It is not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector. And does not require the use of specialized equipment, including but not limited to thermal imaging equipment; moisture meters; gas or carbon monoxide detection equipment; environmental testing equipment and devices; elevation determination devices; or ladders capable of reaching surfaces over one story above ground surfaces; or specialized procedures, including but not limited to environmental testing; elevation measurement; calculations; or any method employing destructive testing that damages otherwise sound materials or finishes. The client has been notified at the earliest practical opportunity that the departure provision components and/or system will not be inspected.
TREC “§1102.001(9), a real estate inspection is defined as an "opinion as to the condition of the improvements to real property, including structural items, electrical items, mechanical systems, plumbing systems, or equipment."” TREC defines the purpose of the inspection as “to provide the client with information regarding the general condition of the residence at the time of inspection”. This inspection, report and all finding, and comments are completely voided and shall be forbidden under any other circumstances and shall not be used or referred to by any others than the client(s) listed on the first page of this report. This report contains proprietary company information, and this company retains all rights and privileges under Texas laws. All rights of complaints, legal actions, and use is strictly restricted by this company's agreements and policies to the client only. TEXAS LAW-(1.1:410 Duty of Care to Certain Non-Clients: Texas courts have generally recognized that a non-client has no cause of action for negligent performance, discrepancies, and omissions. This is based upon a lack of (“privity”.) This report cannot be repurchased, transferred, or given to any other party other than the client without this company's permission. This company does not give any rights to any 3rd party to rely on this report or use this report to file any TREC complaints or take any legal actions. There is no intent to create a third-party beneficiary.
Inspectors Departure Provision Notification to Client: Inspector Earliest Practical Opportunity Notice:
TREC Rule 535.227(f) Departure Provision This section of the SOPs authorizes an inspector to forgo inspecting a component or system required by the SOPs under certain circumstances. These circumstances include - inspector and the inspector's client agree that the item is not to be inspected; - inspector is not qualified to inspect the item; - item to be inspected is a common element of a multifamily development and is not in physical contact with the unit being inspected; and - inspector determines, using reasonable judgment, that » conditions exist that prevent the inspection of an item; » conditions or materials are hazardous to the health or safety of the inspector; or » the actions of the inspector could cause damage to the property. The inspector has some items that routinely departs from inspection of a component or system. Under this provision the inspector will notify the prospective client at the first contact, earliest practical opportunity.
Notice: Parts, portions or most of this or these components or system will not be accessed nor inspected; the TREC standards of practice allow an inspector to depart from the required inspection of a component or system, if the inspector notifies the client at the earliest possible opportunity that some of the component or system will be partly or limitedly inspected, and has make an appropriate notation on the inspection report form, stating the reason the component or system was partly or limitedly inspected. Using reasonable judgment, the inspector has determined that, conditions exist that prevent the inspection of some items; conditions or materials are hazardous to the health or safety of the inspector; or the actions of the inspector could cause damage to the property.
1. A limited time with some restrained to accessible structural components were viewed, considered, and reported.
2. A limited time with some restrained to accessible roof and roof structure were viewed, considered, and reported.
3. A limited time with some restrained to accessible Electrical, HVAC, Plumbing, and Appliance's components, were view, considered and reported.
4. The Gas Distribution System is excluded from this inspection. Section 535.231(a)(2)(E)(ix) requires inspectors to report deficiencies in the condition of the gas distribution system. The Gas Distribution System will be mostly inaccessible and unviewable in the ground, slab, walls, ceilings attics and hidden areas, we are using the “departure provision”, the inspector routinely departs from inspection of this component and system and excludes the gas distribution system from this inspection, we are not licensed in the plumbing field, not being licensed plumbers we are not able to perform any testing or pressure or non-pressure testing, we urge you to have a licensed plumber inspect and report the gas distribution system now, before the end of your option period and certainly before closing. We feel it would be negligent and incompetent if we projected that we examined, inspected, or evaluated the Gas Distribution System on any level or degree. TREC states that Inspectors are not required to inspect anything buried, hidden, latent, or concealed; Gas Distribution System is buried, hidden, latent, or concealed. Inspector has notified the client at the earliest possible opportunity at these component or systems will not be inspected and has make an appropriate notation on the inspection report form, stating the reason the components or systems was not inspected.
We Are a Professional Service Company:
As is the right under law of a professional service company, this report is null and voided either 90 days after the client closes on the property or at the date and time the client terminates the contract with the seller. Also see “REAL ESTATE INSPECTION AGREEMENT” form for other terms, conditions, and limitations. Section 535.222 (Inspection Reports). Requires that the inspector prepare a report noting observed deficiencies and other items required to be reported. Section 535.227 (b)(5) defines a deficiency as: In the reasonable judgment of the inspector, a condition that: (A) adversely and materially affects the performance of a system, or component; or (B) constitutes a hazard to life, limb, or property as specified by these standards of practice. General deficiencies include inoperability, material distress, water penetration, damage, deterioration, missing components, and unsuitable installation. Comments may be provided by the inspector whether or not an item is deemed deficient.
Professional Service Company Limiting our Absolute Liability to The Fee Collected for Our Professional Services:
We absolutely limited our liability to the fee collected for our services.
Determining foundation performance:
No Seller’s disclosure statement has been reviewed or investigated. When evaluating the need for making foundation repairs, foundation engineering guidelines take into consideration both structural integrity and performance. A foundation that is not performing as intended will negatively affect the structural integrity of a building. Problems with the structural integrity in a building may be revealed by observable and present indicators of adverse performance. https://www.trec.texas.gov/article/reporting-visible-and-present-indications-adverse-performance-foundation When giving an opinion of performance with regard to the foundation the inspector should make it clear whether or not the foundation is performing as intended. The default recommendation is for further evaluation and advice.” (Principles of Home Inspection: Systems and Standards, 2003 Edition, Page 228). Dearborn’s Second Edition moves away from a default recommendation and now suggests that you “[r]recommend further evaluation if the movement is dramatic or monitoring if the movement is less severe” (Principles of Home Inspection: Systems and Standards, Second Edition 2008, Page 207). This not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector, the inspector must check the Deficient (D) box if a condition exists that adversely and materially affects the performance of a system or component or constitutes a hazard to life, limb or property as specified by the TREC Standards of Practice [See Section 535.227(b)(5), “Deficiency”]. Pursuant to Section 535.227(b)(3)(C)(i) of the Standards of Practice, inspectors are not required to report manufacturer requirements except as specifically required by the Standards. Section 535.227(b)(3)(H) further provides that inspectors are not required to review installation instructions. The report provided may be a combination of direct responses and narrative statements, which is written and intended for the client only. Any person including the sellers not being present during the inspection and/or the review of the report with the inspector will not understand many comments and narrative statement. Keep in mind, sellers are not required to fix anything, no matter how egregious the situation. The seller often can disagree with the inspector’s finding and have an emotional response against the client, realtor, inspector, and others associated in the sales contract. It is not completely uncommon for the seller to seek revenge and reprisal contesting the report, the inspector, or just general complaints of the process. In any of these cases with the seller or other parties this report is voided and fail and falls under the “lack of privity of contract” and the seller or other parties could be involved in complaints, counter lawsuits and action.
- TREC Defined Performance:
Section 535.227(b)(8), TREC states that “Performance” means “achievement of an operation, function or configuration relative to accepted “industry standard practices” with consideration of age and normal wear and tear from ordinary use.” (According to the TREC, the definition of “accepted industry practice” is situation-specific and may depend on the context in which the question is being asked. The TREC is unable to provide a general definition.) With words like “relative”, “consideration of age” and “normal wear and tear”; this can create a subjective opinion by the person making the observation. The TREC is unable to provide a general definition.) TREC does not give any definition of “age and normal wear and tear from ordinary use”. The inspector acknowledges that a Structural Engineer Company evaluation supersedes and vastly over rules this inspectors’ “opinions of performance”. With unlimited time, selected technical testing, soil analysis, performing an elevation survey with specialized instruments, conducting detail interviews of the past or current occupancy, performing a comparative analysis, unlimited time to compilate and consider influence from one or the other interested parties and having a $300.00 to $15,000.00 cost, a Structural Engineer can and will come to a different “opinion of performance” if the inspector is opposed or contested. Licensed Structural Engineers can provide Level A., Level B., or Level C., evaluations. We would always defer and highly endorse our client to have a Structural Engineer to give a “Opinion of Performance”. When comparing the inspector’s opinion of performance to the same level of evaluation from another person, is also subjective to that person providing the opinion. One would have to compare apples to apples which is impossible with two different foundations, two different perspectives, different levels of evaluations and two different individuals. This inspector’s opinion is based on much less than the lowest typical engineering evaluation requirements, a “Level A” evaluation. A TREC mandated non-technical opinion is based on present perceived obvious aesthetic cosmetic observations only and is at most subjective with enormous limitations. You should know that this inspector is under some time restrains limitation and time pressures and cannot perform any of the above listed common structural engineer procedures or guidelines. The inspector will be evaluating over a thousand items during the inspection and the foundation is only one of those items. TREC allows the seller or the buyer to contest the inspector’s “opinion of performance” and then TREC can discipline the inspector if there is a different “opinion of performance”. Webster Dictionary defines opinion as “a view or judgment formed about something, not necessarily based on fact or knowledge.” Webster Dictionary defines guess as “to form an opinion of from little or no indications.” Please keep these definitions in mind while reading the report and the inspectors finding and opinions. While the inspector may be able to give a limited “best guess” or “opinion” of superficial indications of the general current and/or past foundation performance by limited observable indications that are present and accessible at the time of this inspection, it is all most an impossible task with no onsite investigation, not conducting an elevation survey, not performing any comparative analysis and not performing any constructively analysis the amount of settlement movement that might be typical over time that would be acceptable would be irrational and not practical in giving any “opinion of performance”. TREC has pointed to Dearborn’s “Principles of Home Inspection” and (Principles of Home Inspection: Systems and Standards, 2003 Edition.), “Principles of Home Inspection: Systems and Standards, Second Edition 2008” as guidelines resources for inspectors to reference to compare reviewed conditions against in giving an opinion. The inspector is not able to look at a crack in the foundation and make a determination that the foundation needs repairs, a professional engineer should make that determination. Per TREC Hearing #190121), (5.) the Inspector evaluated the performance of the structure and looked for evidence of movement over time. With time, all structures move slightly, however the amount of movement should not cause failure to the interior finishes, affect the usability and operation of house systems, or endanger the safety of the people who live there. (6) When reaching an opinion of adverse performance of the foundation, the inspector should consider whether the foundation is safely supporting the live loads imposed upon it. (It is impossible, and the inspector is not able to look or detect movement over time at a one time visit to the property and no historical information or records.) (It is impossible, and the inspector will not be able to determine whether or not that the foundation is safely supporting the live loads imposed upon it, the usability and operation of house systems caused by the foundation or endanger the safety of the people who live there caused by the foundation.)
“What is the definition of an “accepted industry practice”?
The definition of “accepted industry practice” is situation-specific and may depend on the context in which the question is being asked. We (“TREC”) are unable to provide a general definition.
Inspection is Simply a Snapshot:
This limited assessment is simply a snapshot in time of conditions that are present and safely observable at the time of this inspection during a limited period of time given by the seller and listing agent. This inspection is one of first impressions and the inspector was not provided with any historical information pertaining to the structural integrity of inspected real property. This inspection is cursory and strictly visual observation only of the conditions and circumstances present at the time of this inspection. Because of repairs and replacements that may have been done prior to the inspection, the past and current stability or opinion of performance of the foundation can be hidden or disguised. Maintaining proper drainage and moisture maintenance will affect the performance of the foundation and any listed notations under “grading and drainage” should be considered.
Notification of TREC Limitations: C (ii) This inspector did not inspect for or consider any Wood Destroying Insects or conducive conditions, nor did does this inspection and report include any information about any WDI. Client understands and agrees that this inspector and company is not responsible in any way for disclosing any information pertaining to any type or kind of WDI activity or any conditions to WDI or suspicions or indications. No fee was collected for any WDI information, and no written or verbal report was provided or authorized.
Departure Provision Notification to Client – (iii) If property is occupied, then in the reasonable judgment of the inspector, conditions exist that prevent inspection of an items from being inspected. During this inspection we did not remove any furniture, personal belongings, storage, rugs or flooring. Representative Random sampling of outlets and switches. (v) the inspector reasonably determines that conditions or materials are hazardous to the health or safety of the inspector; or (vi) in the reasonable judgment of the inspector, the actions of the inspector may cause damage to the property, occupied obstacles are present. Attic accessed at opening only, may damage structural members or cause damage, or become injured.
Roof observed from ground level if roof is steep pitch greater than 6/12 or more than one story. TREC states that the inspector is not required to use ladders capable of reaching surfaces over one story above ground surfaces. (One story is considered to be a general average of about 14 feet high.)
Top of chimney not accessed. Steep pitch roof, current or recent raining, wet surface, slippery surface, may damage materials. Inspector has notified the client at the earliest possible opportunity at the component or system will be partly or percentage will not be inspected and has make an appropriate notation on the inspection report form, stating the reason the component or system was limitedly inspected.
Shows some signs of recent painting and texturing throughout structure. During this inspection we did not remove any furniture, rugs or flooring. The seller’s disclosure should be the primary source to provide important current and historical information and evaluation considerations of the performance of the foundation.
Departure Provision Notification to Client - Detached structures and outbuildings: SOP’s 3. (iii) not inspected and was not part of this inspection per TREC limitations, optional item of which there is an additional charge and client did not request any outbuilding to be inspection at the time of scheduling and the client has the right of refusal, the inspector and the client have agreed the item(s) is not to be inspected.
If there are “OPTIONAL SYSTEMS”, the inspection of which is to be negotiated between the inspector and the client. Examples of optional systems would be landscape irrigation systems, swimming pools, spas, hot tubs, and equipment, outbuildings, private water wells and private septic systems, among others, if these optional systems are not listed in this report that means that the client did not negotiate these with the inspector. Because of extra fees charged to inspect optional systems the inspector will not assume the client wishes these items inspected without the client mentioning and negotiating the additional cost of these system being inspected.
Soil levels, cap covering, and foliage limited observation of foundation. The inspector has reasonably determined that he is unable to safely access and visually verify the presence of fire-blocking at the attic penetration of the chimney flue, inspector could cause damage to insulation, ceilings, supports, or become injured.
This Inspectors emphasize that he can only diagnose the property’s systems and components on the day and at the time of the inspection and cannot predict what may occur in the future or even right after the inspector leaves the property. Unable to determine if plumbing in slab has been affected by past foundation settlement or movement or past foundation repairs. Wall coverings not removed; floor coverings not removed. Moisture testing not performed on any area of structure – ex: not on interior/exterior walls of any kind, not in floors, not in ceilings. Smoke detectors were not tested. We did not perform an environmental inspection of any kind at this property.
Exclusions: TREC does not have refrigerators, (including the ice makers and water dispensers), trash compactors, freezers, standalone microwaves (not built-in and/or enclosed) standalone ice makers, built-in can openers, chopping blocks, cleaning functions of ovens, beer cooler, margarita machines, water coolers, wine coolers, bar refrigerators, cigar humidor, gas indoor grills, outside grills, outside kitchens, exterior cooking exhaust fans, mosquitos spray systems, outside refrigerators, refrigerators in garages, steam rooms, sauna’s, clothes washers or clothes dryers, built-in ironing boards, wine racks, dumb waiters, elevators, vacuum systems, duct fans, insulation types such as asbestos and UFFI, any form of offgassing, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil-fired units, supplemental heating appliances, de-icing provisions, or reversing valves, radiant heaters, floor heating systems, steam heat systems, or unvented gas-fired heating appliances, circulating pumps, free-standing appliances, solar water heating systems, solar power systems, water-conditioning equipment, filter systems, water mains, fire systems, private water supply systems, water wells, pressure tanks or anything like these as part of a TREC inspection, is not listed as part of our standards of practice and is excluded for this inspection. Only the appliances list on the TREC standardized report are part of a TREC inspection and listed as inspected items in the standards of practice. It is assuming the refrigerator and all standalone appliances can be removed and taken by the seller and is not part of a real-estate transaction or this inspection. TREC standards state, “A real estate inspection is a limited visual survey and basic operation of the systems and components of the real property. An inspector uses normal controls and is not required to use specialized tools or procedures.” “TREC- The purpose of the inspection is to provide the client with the information regarding the general condition of the residence at the time of inspection.” [See §535.227(b)(1) of the Rules.] An inspector is to report his/her reasonable opinions and findings on the standard inspection report form. All customization to this form has been by AAPI and has copyrights created 1994- 2019- All rights reserved.
If WDI (wood destroying insects) damaged flooring, walls, ceilings, exist in this property, we cannot determine the extent of the damage – a more intrusive/destructive inspection must be performed to determine to extent of the damage – we do not perform intrusive/destructive inspections – not included. We do not inspect retaining walls unrelated to the primary structure. Areas above 11ft in and outside of structure needing a ladder are not inspected, not included in this inspection. If you have any concerns about any component of this structure, we highly urge you to have a specialist in that particular field examine that component at the earliest possible time prior to the end of the option period and certainly before closing on this property. The two-page addendum is also an important part of this report and is to be included and used as such.
Free recall check on anything at our web site = http://www.americasinspectors.com
About Gas lines
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About PEX water Lines
Texas Consumer Protection Notice = https://www.trec.texas.gov/forms/consumer-protection-notice