Code of Massachusetts Regulations
266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS
Title 266 CMR 8.00 - Professional Competence And Conduct
Section 8.03 - Ethical Standards and Professional Conduct

Universal Citation: 266 MA Code of Regs 266.8

Current through Register 1531, September 27, 2024

(1) Requirement to Respond to Board.

(a) A Registrant shall respond within ten days to a written communication from the Board or its designee and shall make available to the Board any relevant records with respect to an inquiry or complaint about the Registrant's professional conduct. The ten-day period commences on the date the Board sends the communication to the Registrant's address of record.

(b) A Registrant shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board while investigating a complaint or allegations regarding the Registrant's professional conduct as a Home Inspector, Associate Home Inspector, or an Associate Home Inspector or Trainee under his or her supervision.

(2) Ethical Obligations.

(a) Registrants shall not misrepresent certifications, qualifications, affiliations, educational background or experience in the profession to the public, colleagues or other individuals or institutions.

(b) Registrants shall fully inform persons served of the nature, and limitations of services rendered or to be rendered.

(c) Registrants shall disclose, in writing, including a written statement imbedded in the Report in bold print in an obvious location, any financial or family relationship with the Seller, the Seller's Representative and/or the Seller's Representative office.

(d) A Registrant shall not charge for services not rendered excepting, but not limited to, cancellation or access not being provided to the dwelling and/or areas to be inspected.

(e) Unless required by law, the Registrant shall not reveal to any unauthorized person any confidential information obtained from the Home Inspection or individual that the Registrant serves professionally without the Client's permission.

(f) Registrants shall stamp and/or sign only those documents reviewed or prepared by them certifying they are in conformity with 266 CMR 6.00: Standards of Practice.

(3) Professional Objectivity/Conflict of Interest.

(a) Registrants shall maintain objectivity in all matters concerning the welfare of persons served professionally.

(b) Registrants must guard against conflicts of professional interest.
1. They shall not engage in commercial activities that conflict with their responsibility to Clients or to colleagues.

2. Registrants shall promptly disclose to a Client or potential Client information about any business interest of the licensee that may affect the Client of the potential Client in connection with the home inspection.

3. Registrants shall not accept fees, gifts, or other forms of gratuities for recommending or not recommending a particular contractor or product or use of a particular referral source.

4. Registrants shall not provide fees, gifts, insurance, waivers of liability, or other forms of gratuities to real-estate offices, Buyer's Brokers, real estate brokers or salespersons (as defined in M.G.L. c. 112, § 87PP and c. 112, § 87YY1/2) and/or Seller's Representatives.

5. Registrants having knowledge of any alleged violation of 266 CMR shall cooperate with the Board in furnishing such information or assistance as may be required.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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