§ 17-52-321 — Unfair practices

(a) It is an unfair business practice for a home inspector, a company that employs the home inspector, or a company that has a financial interest in a company employing a home inspector to do any of the following: (1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months; (2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or (4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow. (b) (1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client. (2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use.

Legislative History

Acts 2003, No. 1328, § 1.