§ 444-G — Duty of care of home inspectors

§ 444-g. Duty of care of home inspectors. 1. Every home inspector\nshall comply with the provisions of this article, and the rules,\nregulations and standards adopted pursuant thereto. The duty of every\nhome inspector shall be to the client.\n 2. Every home inspector shall display his or her license number and\nstatus as a licensed home inspector on every home inspection report and\nin all advertising. Upon request of any client or interested party to a\nreal estate transaction, every home inspector shall provide such proof\nof licensure pursuant to this article as shall be issued by the\nsecretary for such purpose.\n 3. No later than five business days after the completion of a home\ninspection on behalf of a client, each home inspector shall provide such\nclient with a written report of the findings of such inspection. The\nhome inspection shall clearly identify in the written report which\nsystems and components of the residential building were observed. Every\nsuch written report and the information contained therein shall be\ndeemed confidential and shall not be disclosed without the express\nconsent of the client; provided, however, that department\nrepresentatives, conducting an investigation or other official business\nfor the purpose of enforcing this article, shall have access to such\nreports and the information contained therein.\n 4. No home inspector shall:\n (a) perform or offer to perform, for any additional fee, any repair,\nimprovement or replacement of any component or system in a residential\nbuilding for which such inspector, or partner thereof shall have\nprepared a home inspection report prior to the close of escrow. This\nparagraph shall not include repairs to components and systems not\nincluded in the standards of practice adopted pursuant to this article;\n (b) inspect any residential building in which such inspector, partner\nor relative thereof has a financial interest or any interest in the\ntransfer thereof, including the receipt of any commission as an agent;\n (c) offer to provide or provide any commission, referral fee or\nkickback to the seller of any inspected residential building, or to the\nagent of either or both the seller and buyer of such building, for the\nreferral of any business to such inspector or partner thereof; or\n (d) agree to perform any home inspection or prepare any home\ninspection report for which compensation or employment is contingent\nupon the conclusions of the home inspection report, pre-established or\nprescribed findings, or the closing of a real estate transaction.\n Nothing in this article authorizes a home inspector to practice\nengineering or architecture.\n