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.