Current through Register Vol. 41, No. 3, September 23, 2024
A. For
the protection of both the client and the licensee, both parties shall sign a
legible, written contract clearly specifying the terms, conditions, and
limitations and exclusions of the work to be performed.
B. At a minimum, the written contract shall
include:
1. Name, business name (if
applicable), business address, and telephone number of the home
inspector.
2. License number of the
home inspector and notation of NRS specialty, if applicable.
3. Name of the clients.
4. Physical address of the residential
property to be inspected.
5. Cost
of the home inspection.
6. A
listing of all areas and systems to be inspected, including those inspections
that are either partial or limited in scope.
7. A statement in the contract that the home
inspection does not include a review for compliance with regulatory
requirements (Virginia Uniform Statewide Building Code or other codes,
regulations, laws, ordinances, etc.).
8. To the extent that any of the following
categories are not covered by the home inspection, they shall be noted as
exclusions in the inspection contract:
a. The
condition of systems or components that are not readily accessible.
b. The remaining life of any system or
component.
c. The strength,
adequacy, effectiveness, or efficiency of any system or component.
d. The causes of any condition or
deficiency.
e. The methods,
materials, or costs of corrections.
f. Future conditions, including failure of
systems and components.
g. The
suitability of the property for any specialized use.
h. The market value of the property or its
marketability.
i. The advisability
of the purchase of the property.
j.
The presence of diseases harmful to humans or potentially hazardous plants or
animals, including wood destroying organisms and mold.
k. The presence of any environmental hazards,
including toxins, carcinogens, noise, asbestos, lead-based paint, mold, radon,
and contaminates in soil, water, and air.
l. The effectiveness of any system installed
or methods utilized to control or remove suspected hazardous
substances.
m. The operating costs
of systems or components.
n. The
acoustical properties of any system or component.
o. The presence of components involved in
manufacturer's recalls.
p. The
inspection of outbuildings.
To the extent any other items are not specifically included
in the home inspection by agreement of the parties, they shall also be noted as
exclusions in the home inspection contract.
9. Estimated delivery date to the client of
the home inspection report.
10.
Dated signatures of both the home inspector and the client or the client's
authorized representative.
C. The home inspection contract shall make
written disclosure that the home inspection report is based upon visual
observation of existing conditions of the inspected property at the time of the
inspection and is not intended to be, or to be construed as, a guarantee,
warranty, or any form of insurance. This provision does not prevent a home
inspector from offering a separate guarantee, warranty, or any form of
insurance if he so chooses.
D. The
requirements of
18VAC15-40-130 D regarding smoke
alarms will not be excluded from the home inspection contract.
E. If the home inspector recommends a person
to the client for repairs or modifications to the inspected property, the home
inspector shall disclose to the client all financial interests that the home
inspector has with the recommended person. The disclosure shall be written
within the home inspection contract.
Statutory Authority: §§
54.1-201 and 54.1-501 of the Code of
Virginia.
