e090331 Can inspectors’ booking service provide clients with a contractor’s offers/plans?

Identifier: e090331

Date: 03/31/2009

Question

We are a group of three inspectors and would like our independent booking service to provide information to our clients/agents on the (name of contractor) offers/plans during the process of booking an inspection for us. No monies will accrue to any inspector but the booking service would receive a $15 servicing fee for every valid inquiry.

We are frequently asked during inspections about alarm systems and this would appear to be an associated service for the clients.

The booking service would sign the agreement with (name of contractor) and agree to act for (name ofcontractor) solely and not for its competitors.

In light of previous opinions, is there any cause for concern in this relationship with an affiliate? Is this an ancillary inspection service or is it recommending a sub- contractor?

Response

A previous opinion (RFIe011105) found that it was a violation of the CoE for an inspector to accept a payment or other consideration for providing client information or special access to an inspector’s client for the purpose of marketing services to the client.

This RFI presents a slightly different circumstance where the money for the client information and access would be paid by (name of contractor) to a subcontractor working for the inspectors.The committee finds that this would also be a violation of the Code of Ethics Paragraph 1.E.

The booking service has a contractual relationship with the inspectors and acts on their behalf as sales and scheduling agent. A client who calls an inspectors phone number has no knowledge that he is dealing with anyone other than an employee of the inspector. Employees and subcontractor for an ASHI inspector must act in accordancewith the CoE when acting as an authorized agent of the ASHI inspector.