Virginia Regulatory Town Hall
Agency
Department of Professional and Occupational Regulation
 
Board
Virginia Board for Asbestos, Lead, and Home Inspectors
 
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6/25/18  6:20 pm
Commenter: Joe Myers, Empire Home Inspections, Inc.

SB 627: Respectfully Against--Negative for Home buyers, Home Inspectors, & Real Estate Transactions
 

I’ve supported my family 27 years inspecting homes and invested time, effort, and money in preparation. I provide an important and affordable service to prospective home buyers. I take tremendous pride in educating them about the condition of the home they want to buy and regularly receive positive feedback about how invaluable this information is to them.

When inspecting a home, many components are tested, examined, and assessed. We follow the national Standards of Practice and Code of Ethics and comply with VA licensing requirements. As an inspector, I’m a generalist and give buyers an overall idea of the current condition of the home and identify problem areas that need further review. I don’t provide a technically exhaustive and unlimited examination which would require extensive expertise in many areas and be extremely expensive and time consuming for buyers—pricing many out of our service. Even then, there could be no guarantees provided.  I inspect readily observable areas under the current weather and conditions at the time of inspection. Many areas are concealed and I can’t dismantle or damage the seller’s home. Despite this, I detect major defects, working in often difficult conditions (very hot, cold, wet, snowy, icy, dangerous, and distracted). Some homes are cluttered, in poor condition, or older, presenting added liability risks to home inspectors who may become reluctant to inspect these homes under SB 627.

Our Pre-inspection Agreement clearly states to customers what is covered during inspections and limitations. Each home is unique and I work diligently to identify major defects, based on conditions confronted—my reputation depends on satisfied customers. Inspectors can’t guarantee that all satisfactory items will remain that way. We don’t provide a home warranty, and even home warranty companies have exclusions, limitations, and deductibles.

Currently, DPOR requires inspectors to carry liability insurance and if providers price us out of the market or drop us because liability caps are removed, we can’t remain licensed in VA. In our litigious environment, removing liability limitations would put many inspectors out of business even if claims are frivolous and unwarranted.

I’m a member of national and state professional organizations for home inspectors and participate in regular continuing education as required. I’ve had few customer complaints over the years and they’ve been resolved directly with the buyer. Our profession is largely based on referrals so inspectors with poor reputations will have difficulty remaining in business. DPOR has oversight and scrutiny over licensing in VA. Consumers can file complaints with the Board of ALHI and the courts are available to address grievances.  Since licensing took effect, complaints against home inspectors appear minimal. If SB 627 passes, inspectors will be forced to be more defensive in reporting and reluctant to make judgement calls on conditions. They’ll be motivated to disclaim responsibility and defer issues to specialists, thus increasing buyers’ costs and delaying home purchases.

SB 627 may seem to provide good consumer protections, but the unintended consequences will hurt buyers by pushing many experienced home inspectors out of the profession and driving up costs for consumers. Some realtors already state difficulty scheduling experienced inspectors to meet contract deadlines. If this bill takes effect, the risk of being exposed to unlimited liability will be too great for many of us to remain in business.  

CommentID: 65519