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11-28-2010, 10:36 AM #1
Mandatory inspection agreement paragraphs
As of 10/27/2010 the State of NY, after a five year wait, finally issued the "new" NYS Standards of Practice and Code of Ethics for Home Inspections.
Included in this are:
(a) Prior to performing a home inspection, home inspectors shall provide a client with a written pre-inspection agreement that clearly and fully describes the scope of service to be provided and the cost associated with that service. All said contracts shall contain the following clauses which shall be printed in type size of not less than six point:
“Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq. Home inspectors are not permitted to provide engineering or architectural services.”; and
“If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.”
The last paragraph removes the client only confidentiality issue when a major safety hazard should be reported to the owner or occupant, and just makes good sense. Many of us were already doing that notification.
This new SOP and COE incorporate many of the existing provisions and definitions of the "old" standards, and expand on definitions as well as common limiting factors to required reporting.
There are two conflicts within the new SOP that we will be lobbying the Department of State to clarify and correct.
11-28-2010, 11:30 AM #2
Re: Mandatory inspection agreement paragraphs
I like two things. 1. The requirement to give the client a contract prior to the inspection, and 2. The ability for the inspector to inform someone other than the client if something really big (safety) is happening.