s000820 Understanding lawful authority

Identifier: s000820

Date: 09/19/2000

Question

What is the "lawful authority" to which Section 13.2.A refers? What are examples of actions the inspector is not required to perform and determinations the inspector is not required to make?

Response

"Lawful authority" refers to any governmental or law enforcement agency with jurisdiction over home inspection practices. Examples would include any requirement that exceeds the ASHI Standards of Practice imposed by the authority on a home inspector, the inspection, or the report. The intent of this section is to make clear the responsibility of the inspector to abide by all government rules, regulations, required practices, and the laws of each jurisdiction in which the inspector performs home inspections and that governmental requirements are not a substitute for, but an addition to the ASHI Standards of Practice.