Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Virginia Board for Asbestos, Lead, and Home Inspectors
 
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6/14/18  12:49 pm
Commenter: Arthur Miller, Tokori, Inc.

Virginia Senate Bill 627 Opinion from multi-state licensed home inspector/contractor
 

We opine that a home inspection contract is a voluntary business agreement between two parties of which the Commonwealth should restrain itself from undue influence or intervention in the interest of promoting commerce and affordable housing. While the home inpector's professionalism and conduct are, and should remain, the purview of DPOR, this proposed legislation would create an undue burden to commerce--specifically, it dramatically encumbers one of the main residential purchasing agreement contingencies (the inspection clause) necessary to consummate a residential real estate transaction. We point out that no other adjacent state has this regulation, and only Delaware (having also recently adopted formal licensure for its home inspectors) requires Errors and Omissions (E&O) insurance for its inspectors. Based on our experiences in three states--MD, VA, and DE--we assess that placing an "unlimited" liability on the home inspector will create a significant barrier to entry to those building trades professionals who might otherwise consider licensure. Additionally, the business structure sought by the remaining home inspectors will most likely gravitate to those forms, such as LLCs, that will make any attempt to leverage the intended protections and the positive potential for damage compensation afforded by this Bill, should it become law, minimally rewarding for the plaintiff. Our response to this legislation, if enacted, will be to avoid inspections on "risky" properties, such as those built before 1978 or during phases in building construction that introduced such defects as unbonded CSST, galvanized plumbing supply lines, aluminum wiring, lead-based paint, asbestos insulation and tile, etc. This action, if adopted by our colleagues, will result in fewer available, experienced inspectors for the potential purchasers of these less favorable, aged properties--lower income and first-time homebuyers. Of those remaining inspectors that are available, they will be forced to raise their prices to cover the additional cost of E&O coverage, additional filing/recordation, extra accountancy burdens, etc. that will be required to defend against inevitable misguided or frivolous claims and to stay in business--again, unintentionally creating an additional financial burden for the purchaser (who typically pays for the inspection). For example, the cost of mandating E&O coverage for home inspectors as a condition of licensure raised our cost for home inspections in Delaware by over 30 percent, and, we rejected much more work than we accepted as a result of the potential risks associated with VISUALLY inspecting many older homes. If the Commonwealth decides to go forward with this legislation, we highly recommend that it be amended to provide a provision for a non-profit housing assistance organization's exemption--they will be the only ones in a viable position to provide inspections for the already underserved low-income and first-time homebuyer citizens this well intentioned, but woefully misguided law seeks to protect.

CommentID: 65396