e011024 Can a state real estate association force an home inspector to sign a compliance statement?

Identifier: e011024

Date: 11/04/2001

Question

Can a state real estate association force an home inspector to sign a compliance statement?

Response

Can the State Association of Realtors force a compliance statement on a home inspector prior to start of the inspection? The State ASHI Chapter has designed and approved its own form. The State Home Inspection Law goes into effect in less than 60 days. If we cannot be affiliated with a real estate company the State Association of Realtors by agreeing to use their form? Their form also raises the liability of inspectors. Attachments: 

1.) ASHI state chapter form indicating that the inspector is a member of a national home inspection association and will inspect according to the SoP and CoE of that association, or is supervised by such a member who will sign the report. 

2.) A state realtors association form similar in general content but asserting that where a supervising inspector is involved s/he will be responsible for the inspection report, and further asserting that the inspector is in compliance with the pertinent state law, including the carrying of E&O and general liability insurance.

In the case at hand the forms confine their content to assertion of a professional membership by the inspector, or the assertion that the inspector is supervised by someone holding such membership, and an assertion on the real-estate-provided form that the supervising inspector is responsible for the inspection and that state insurance requirements and other licensing law requirements will be met. 

Signing a general form indicating that the inspector for a particular real estate transaction is in compliance with applicable state laws does not necessarily constitute an unethical affiliation between the home inspector and the state Association of Realtors or the real estate agents involved in the transaction. In the case at hand and confining the answer to the question and forms presented, no violation of ASHI's Code of Ethics appears to be involved.

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