As a Virginia Home Inspector, member of the Virginia Association of Real Estate Inspectors, certified in testing for Radon, Mold, etc. I have two major concerns with these changes.

One, in the rush to open up the avenues to accrue points for getting a home inspector license, not enough DPOR thought has gone into how this affects the quality of educational experience needed to be a "better" qualified inspector. My concern is that the trade-offs  offered over actual mentoring experience will reduce, not strengthen, the quality of our profession. 

Two, the number of continuing education credit hours to renew a license is ridiculously low, especially compared to other similar professions. I would have advocated for doubling the renewal credit hours from 16 to 32 over a two year cycle. These educational opportunities are what keeps home inspectors not only current but moving ahead in their profession.

The comments I continually get from clients, realtors, home owners, insurance companies, and DPOR complaints, is that Hone Inspectors need to up their standards, and I fear both the issues I have mentioned do the opposite.

I appreciate and thank the board members for their time and for those that volunteer on the board I appreciate their sacrifice. I also appreciate the efforts of all board members toward advancing the home inspection profession while also protecting the Virginia citizen. I am sorry I could not be there on Aug, 15, 2024 but appreciate the board members taking the time to read my concerns with the approaching, proposed changes to the home inspector regulations.

Being in the field for over 20 years I have seen my fair share of changes to the profession, and I have experienced the positive and negative of the profession.

With that said I wish to address the following:

18VAC15-40-120 Home inspection contract

E. If the home inspector has designed or performed repairs or modifications to, or has inspected, the residential building or NRS to be inspected within the preceding 12 months, the home inspection contract must disclose to the client the specifics of the repairs or modifications he designed or performed, or any inspection he performed.

Many times over my 20 years of doing home inspections I have arrived to a property and realized I just recently inspected the property. When a home inspector is inspecting 2 to 3 homes per day 5 to 6 days a week, remembering the address of every inspection is an unreasonable expectation. Even with the technology of today it does not or may not alert the home inspector that they previously inspected the property.

Then we have 18VAC15-40-140 Conflict of interest

B. Notwithstanding the provisions of 18VAC15-40-180, the licensee must not disclose any information concerning the results of the home inspection without the approval of the client for whom the home inspection was performed. However, the licensee may disclose information in situations where there is an imminent endangerment to life or health.

The two regulations 18VAC15-40-120 Home inspection contract

 and 18VAC15-40-140 Conflict of interest, at minimum, conflict with each other. One requires disclosure and the other prohibits disclosure in regards to the same information.

Writing in a contract that you inspected the property within the last 12 months will most likely go unnoticed by most new clients because most clients never read the contract anyway even when they have ample time to do so.

But why open this door? If a new client actually reads the contract and comes to the realization that the home inspector conducted an inspection of the property within the last 12 months, it will open the door for questions about the previous inspection that the home inspector by regulation cannot answer without written permission from the first client. 

It’s my position that the previous inspection notification requirement be stricken from the regulations. Additionally, if the first buyer decides not to buy, the inspection report 95% of the time will be handed to a new potential buyer anyway. This should not happen, but it does. The inspection is no longer valid, and in my opinion, this should be an unethical act on the part of the Real Estate Agent.

Last year a colleague received a one star Google review and reached out to me for advice on how to handle the review. The review was placed by a home buyer, but the home inspector did not work for that home buyer. The one year old inspection report was transferred to the new buyer without the consent or knowledge of the home inspector. The review that was placed was in regard to the septic system, a system that was excluded by the contract and a system the inspector was and is not qualified to inspect. This unfortunate series of events should not have taken place and would not have taken place if Realtors were in violation of ethical guidelines if they transfer an inspection report, regardless of age, to a third interested party.   

18VAC15-40-155 Prohibited acts

d. The retention or misapplication of funds paid, for which work is either not performed, or performed only in part.

I fail to understand misapplication of funds paid. The home inspection fee is not earnest money, and therefore, I do not understand how any home inspector could misapply fees received whether the inspection was completed or not. If a home inspector has set aside a four hour time block and the client cancels at a late time where the inspector cannot fill the time slot, is the inspector not entitled to collect a fee for the late cancelation or provide a credit for when and if the client reschedules? Scheduling a home inspection requires the alignment of four schedules, the Realtor, the buyer, the seller and the home inspector. Sellers are afforded a 24-hour notice, and therefore, a last-minute home inspection appointment is extremely rare. When a client cancels at a time when a time slot cannot be filled the home inspector losses money.

The second part of 18VAC15-40-155 “for which work is either not performed, or performed only in part.”

Many, many times over the past 20 plus years I have set a four hour time block to conduct a full inspection, sent initial scheduling emails and reminder emails two days before the appointment to all parties, (Buyer, Seller’s Agent, and Buyers Agent) only to arrive at the property to find the electricity, water, and the gas off; access points, air handlers, and electric panels blocked by storage. Although much effort has been put forward by the home inspector to ensure a full and complete inspection takes place, no home inspector can control the lack of action from others.

The Virginia Real Estate Purchase Contract VAR Form 600 Revised 06/24

“Section 15 Equipment Condition and Inspection

Sub Section (d)

Seller will provide Purchaser, Purchasers professional inspectors and engineers, Selling Company, and representatives of Purchaser’s lenders reasonable access to the Property to conduct inspections as appropriate and in compliance with this Contract. Seller will have all utilities in service at the time of all inspections to be conducted pursuant to this Contract, including those provided for in any separate provision or addendum dealing with inspections of the Property”

If the seller is by contract required to have all utilities on for the inspection, why then would the home inspector who has no control over the lack of action by other responsible parties be expected to provide a refund or reduce their fee because a system or area could not be inspected? Why would there be an expectation that the home inspector return at a later date without the expectation of compensation?

I would request that the board provide a guidance document regarding 18VAC15-40-155 (d) so the over 1300 home inspectors in Virginia understand the cause for this regulation and the intent of the regulation. With the guidance document the home inspector can avoid violations that may lead to sanctions imposed by the board for violating this unclear regulation.

Dear DPOR Regulatory Review Board,

Home inspectors serve a vital role not only during a real estate transaction, but also in the future lives of their clients and other community stakeholders.  The initial financial impacts from home inspection findings can be substantial for buyers and sellers.  Additionally, the long-term consequences of a home inspection affect a client’s financial, emotional, and physical wellbeing.  Unreported defects can morph into expensive future surprises for the new homeowner.  A simple roof leak may cause water damage, leading to mold growth and negatively impacting the health of occupants.  Financial strain and health problems can be emotionally distressing.

Home inspectors are oftentimes coming in behind architects, engineers, builders, tradesmen, and other skilled professionals to give their stamp of approval regarding the safety, function, and adequacy of a home’s structure and systems.  We are evaluating the work of other professions and occupations that require substantially more education and training before one is considered qualified to execute their respective services.  For example, licensed architects and engineers must hold four-year degrees in their professions.  A typical path towards a master tradesmen’s license will involve five years of education and experience.

This leads me to a confounding question:  How is it that DPOR has determined that a home inspector is adequately educated and trained with the proposed licensing requirements?  Depending on the path chosen, one could satisfy these requirements with about one month’s worth of education and experience.  DPOR will consider an individual sufficiently qualified to inspect complex structures constructed by other licensed, experienced, or otherwise qualified professionals after just one month of learning and doing.  Let that sink in.

Perhaps there is an underestimation of the knowledge that a home inspector must have in order to show up to any house prepared to perform a home inspection according to Virginia’s Standards of Practice.  Considering that our English ancestors first settled here in the early 1600’s, we have several centuries worth of structures scattered throughout the state.  There is about 400 years’ worth of carpentry in our framing systems, from the early earthfast mortised and tenoned timber frames to today’s engineered lumber products, such as LVL and I-joists.  One may be fortunate enough to come upon a surviving “Virginia home” comprised of clapboard siding and roofing, while modern houses might use fiber cement, vinyl, and masonry veneer siding and asphalt shingle roofing.  There are two centuries of plumbing systems ranging from clay and cast iron to today’s PE, PEX, CPVC, PVC, copper, and more.  100-year-old knob and tube electrical systems are still present in some houses, while there are modern systems where houses have more complex needs and protections than ever before, such as GFCI and AFCI.  Mechanical systems have transformed from hydronic radiant heating paired with an oil-fired boiler to energy efficient heat pumps and fresh air ventilation systems to complement today’s air tight construction.  Proper application of building science requires understanding how all of these systems interact with each other to influence the performance of a building’s thermal envelope and energy usage.  Home inspectors need knowledge of all of those systems and everything in between.

Tradesmen spend many years, if not their entire careers, mastering their craft in just one of the aforementioned areas and often become selective in working with certain materials and systems most familiar to them.  How is it conceivable that someone with no background whatsoever in construction, engineering, or trades can learn centuries worth of building systems and materials in one month?  While it may hold true in the long run that only the competent home inspectors will survive in the free market, our current system recklessly dispatches unsuspecting consumers as guinea pigs to weed out the low hanging fruit.  Imagine the absurdity of applying the same approach for licensing medical doctors.  State-mandated licensing brings with it a burden of responsibility that DPOR now bears to set a standard that does not allow incompetent persons to compete in a marketplace where consumers falsely believe that any licensed home inspector can adequately help them make one of the biggest decisions of their lives.

But don’t take my word for it.  Ask other stakeholders in the local real estate industry.  Amateur home inspectors are a headache for everyone.  Poorly performed or reported inspection findings lead to confusion for all parties involved and avoidable poor outcomes.  If an inadequately trained home inspector fails to report a significant defect on a house, then their client will suffer the consequences for it later.  Meanwhile, a standard home inspection contract will only promise that client a refund of the fee that they paid.  A typical home inspection fee is in the hundreds, whereas home repairs can easily be in the thousands.

If a home inspector misrepresents a problem or states that there is a problem that does not exist, the clients may back out of the purchase or ask the seller to repair or give a credit.  This is unfair to buyers and sellers who are both economically impacted by the outcome of a home inspection.  Additionally, real estate agents invest significant resources into guiding their clients through a home sale or purchase.  Most of them work on a commission that is contingent upon the sale, so they are left empty-handed when a transaction falls apart after the home inspection.  Sometimes this is just the nature of the beast, however, it should not happen due to a misinformed home inspector publishing an inaccurate report.

Builders hold tremendous responsibility and risk in the development and construction of new housing.  Most builders take pride in delivering what they believe is a quality product for their customers.  However, where there are many hands involved, mistakes will happen.  A home inspector can add value to this process as a quality check for the builder that is paid for by the client.  However, a home inspector that lacks sufficient knowledge will report items that are not actually a problem, leaving the builder the displeasure of defending their work and hoping their client believes them.  Even worse, the home inspector might miss things that actually are a problem.

County-employed building inspectors wind up fielding questions and concerns over home inspection findings too, where they need to correct or clarify a home inspector’s report, taking time away from their other responsibilities and leaving taxpayers with the bill.  Home inspectors incorrectly citing the Uniform Statewide Building Code was so problematic that we have lost the discretion to do so.  Rather than to raise the standard for licensing, DPOR settled for the lowest common denominator by diminishing the professional autonomy of all home inspectors.  What is particularly concerning is that DPOR is moving further down this path by prohibiting home inspectors from advising their clients about engaging in a real estate contract or providing an opinion of value.  While I believe that either of these actions is almost always bad practice, there certainly could be rare situations where it is appropriate and the inspector is qualified to offer advice in these areas.

Instead of any further professional restrictions, I believe that is both necessary and prudent to substantially increase the eligibility qualifications for a home inspector license in Virginia.  By raising the bar on the minimum standards that our state will accept, we improve the outcomes of homeownership for consumers and for all other stakeholders.  I propose two paths to a home inspector career:

• The first is a traditional path of apprenticeship.  This path requires 240 hours of formal education and four years of practical experience under the supervision of a Licensed Home Inspector.

• The second is an entrepreneurial path for the ambitious.  This path requires the completion of a two-year degreed curriculum offered by a local community college.  Ten mock inspections where the condition of the subject properties has already been evaluated by the examiner must be performed by the graduate at a sufficient level to demonstrate field competency in a variety of house settings.

These paths in tandem will still allow for competition and fair opportunity for new entrants, but weed out amateurs that will cause harm to consumers.  Further restricting the supply of home inspectors will inevitably lead to increased prices for consumers, all else equal.  However, it is important to weigh this increased upfront cost with the long-term cost of allowing unqualified persons into the profession.  Consumers are better served paying more for their home inspections when they can count on a reasonable standard of competency from any of the available market options.  Additionally, higher prices will attract more talent, leading to greater value delivered to the consumer.

This is a great profession.  I love waking up every day to go see new places, meet new clients, learn new things, and look out for my community.  Others should have the opportunity to participate, as well, and I do not wish to close the door behind me.  Oftentimes, formerly licensed professionals are grandfathered in when new standards are set, which is an unfair disadvantage to newcomers.  As a testament to my conviction, I will also complete 240 hours of formal education and ten graded mock inspections side-by-side with other aspiring home inspectors upon the adoption of these standards.  All currently licensed home inspectors should meet this standard within two years of implementation to ensure a level playing field and consistent professionalism for consumers.

Sincerely,

Dylan Morgan