Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Virginia Board for Asbestos, Lead, and Home Inspectors
 
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6/21/18  10:53 pm
Commenter: Robert Thompson, Hawkeye Inspection Service, Inc.

SB 627
 

We oppose the present language of SB 627, but we are in favor of a modification to SB 627 that would eliminate some of the liability protections presently afforded by standard disclaimer agreements signed by customers of home inspection companies.

The notion that all liability for home inspectors is circumvented by said agreements, and that liability is valued equal to the inspection fee paid, and that this becomes law upon obtaining the signature of a somewhat pre-occupied customer is ludicrous.

Having said that, we believe that the liability should only be extended to serious circumstances regarding safety and not to cosmetic items, minor repairs, or any repairs that would be considered typical home maintenance.  The altered Bill should have more depth and specificity wherein it defines "Safety", as well as how it defines the issues that would fall beneath the term, e.g., structural integrity of the dwelling, construction methods used, proper use of building materials, etc.

The spirit of SB 627 is well-intended; however, if the bill is not written properly (as in its present form), it will cause an avalanche of issues including 1) Rising insurance premiums and deductibles that will cause hardship to many small business owners, 2) Subsequent increases of inspection fees to customers as a result of increased business costs, 3) Exploitation and closure of non-franchised small businesses who have no capacity to bear the added costs, and 4) An increase in frivolous claims being made by some customers.

As someone who has been involved in residential construction for forty years, and who has been in the home inspection business for nineteen years, we appreciate the changes that have been implemented by the Commonwealth, specifically the certification requirement in effect since July 1, 2017.  We welcome any changes that will increase professionalism in our industry, and we hope that SB 627 in its current form will be tabled until further study can be performed and modifications can be made as we have suggested.    

CommentID: 65481