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  7:50 pm
Commenter: Ken Zenzel, AMER Building Inspection Services

Virginia Senate Bill 627, making home inspectors liable for any issue
 

1.  What is the justification for such a massive assignment of responsibility to home inspectors?   2. Does this mean legislation requiring certification of all home inspectors that became effective last July has not proven to be effective?  3. What was the purpose of mandatory certification to begin with?  4. Have the effects of certification even been monitored?  5. Was mandatory certification a ploy in anticipation of full regulation?        6. What were the purposes/objectives of Certification?  7. Who is really pushing this legislation:  NAR, VAR, lawyers, insurance companies, abused home buyers, national home inspection firms?  8. Is any other profession in VA open to unabridged liability?  9. How liabilities for building contractors and real estate sales  limited?  With discussion and answers to these questions and evaluation of the adverse consequences, such regulation may be unnecessary or imprudent.

More than 20 years ago when regulation was first considered,  I believe "town meetings" were held in multiple forums around the Commonwealth.  No justification for regulation was found.  This important criteria for determining need for regulation was waived when when legislation for voluntary certification was enacted; and, it was waived again when when mandatory certification was enacted.

With mandatory certification now in effect, the Commonwealth should now be able to contact, notify and solicit comment from all home inspectors, which it was not able to do previously and apparently has not even used yet.  Although I learned of this legislation belatedly from VAREI, I am not a member of and am not represented by VAREI.  Furthermore, VAREI does not necessarily represent the best interests of Virginia home inspectors.  If it did, this legislative camel we are confronting would not have slipped its nose, then head, and now the body of legislation into our tent practically unnoticed.

Bill 627 is probably written as severely in order to quell opposition with  the least of compromises -- basically the strategy that was used when mandatory certification was changed to voluntary. Obviously this level of regulation would require development of inspection and documentation standards and a host of details to maximize regulation, which will surely increase costs to home buyers.  And, look for a surge of litigation and settlement activity as the home inspection business "matures." 

Ken Zenzel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

me and can not fairly claim to represent even a majority of home inspectors in Virginia

 

 

  

 

 

 

CommentID: 65523