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This entry was published on 2014-09-22
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Duty of care of home inspectors
Real Property (RPP) CHAPTER 50, ARTICLE 12-B
§ 444-g. Duty of care of home inspectors. 1. Every home inspector
shall comply with the provisions of this article, and the rules,
regulations and standards adopted pursuant thereto. The duty of every
home inspector shall be to the client.

2. Every home inspector shall display his or her license number and
status as a licensed home inspector on every home inspection report and
in all advertising. Upon request of any client or interested party to a
real estate transaction, every home inspector shall provide such proof
of licensure pursuant to this article as shall be issued by the
secretary for such purpose.

3. No later than five business days after the completion of a home
inspection on behalf of a client, each home inspector shall provide such
client with a written report of the findings of such inspection. The
home inspection shall clearly identify in the written report which
systems and components of the residential building were observed. Every
such written report and the information contained therein shall be
deemed confidential and shall not be disclosed without the express
consent of the client; provided, however, that department
representatives, conducting an investigation or other official business
for the purpose of enforcing this article, shall have access to such
reports and the information contained therein.

4. No home inspector shall:

(a) perform or offer to perform, for any additional fee, any repair,
improvement or replacement of any component or system in a residential
building for which such inspector, or partner thereof shall have
prepared a home inspection report prior to the close of escrow. This
paragraph shall not include repairs to components and systems not
included in the standards of practice adopted pursuant to this article;

(b) inspect any residential building in which such inspector, partner
or relative thereof has a financial interest or any interest in the
transfer thereof, including the receipt of any commission as an agent;

(c) offer to provide or provide any commission, referral fee or
kickback to the seller of any inspected residential building, or to the
agent of either or both the seller and buyer of such building, for the
referral of any business to such inspector or partner thereof; or

(d) agree to perform any home inspection or prepare any home
inspection report for which compensation or employment is contingent
upon the conclusions of the home inspection report, pre-established or
prescribed findings, or the closing of a real estate transaction.

Nothing in this article authorizes a home inspector to practice
engineering or architecture.