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Home Inspectors are not formally
regulated or required to be "Licensed" or "Certified" in
California, and The State does not recognize any specific
"Certifications", but The California
Business and Professions Code Chapter 8.3, Sections 7195 through
7199 has plenty to say about this profession. (A copy is
posted below)
I won't go over every detail, but the State
Legislature is up on the issue and more stringent legislation
is sure to be forthcoming. (Yes, people are being ripped
off) I strongly recommend that you call, fax, or write your
State Senator and Assembly Legislator and let them know that you
want them to pass Senate Bill 31 and/or Assembly bill 1976 with
the most stringent requirements possible, these things have been
watered down so much it could float a boat. There are
many powerful voices in this state that would like nothing more
than to make it as easy as possible to become a "Certified Home
Inspector". Others would have the home inspection
satisfy all of the disclosure requirements. That
means the homeowner could cover something up and not disclose it; if
the home inspector misses it, it's tough luck. I have found
many instances where a problem was covered up and not disclosed, and
I'm willing to bet there are plenty more instances where I
missed something under a good repair job. Current laws
require the seller to disclose all known problems, past and present,
and it needs to stay that way. Inspectors can't see
through wall coverings and DO NOT have X-ray
vision.
Your best defense is a thorough inspection and a
face to face with the sellers where you look them in the eye and ask
a very complex yet direct set of questions. "Have there
been any issues I should know about that you may have
overlooked or forgotten to mention? Such as; water leaks,
foundation, slab, wall, or roof cracks? Roof leaks,
problems with the, plumbing, electrical, water heater, furnace, air
conditioner? Wind rain, flood or fire? Rodents, birds,
insects? Anything? Are you sure?" You have to ask
these questions, and you should look them in the eye when you ask
them, and be completely satisfied with the answer. Almost
without exception, when I come across something unusual with
the structure, a major system component, electrical, or
moisture intrusion; come to find out, SOMEBODY knew about it and
forgot to mention it.
I bought a used car once, (a very nice used car,
and obviously well cared for) I specifically asked the seller this
question; face to face. "Have you ever had this car in
for repairs that you decided not to fix?" The seller looked me
straight in the eye and said "Nope, everything I've ever noticed was
fixed." About three weeks later the A/C fan was acting
up, kinda intermittently worked and didn't work, then it quit all
together. I took it to the dealer to have it fixed and
the service guy says to me. "Yea, I see this
was declined for repair last time
it was in." "Oh really? When was
this?" Sure enough the guy lied straight out, and it cost me
$1200.00. You would not believe what it takes to
replace a $95.00 fan motor in an Acura TL; they had to tear the
ENTIRE dash board, steering column, and console apart, even the
front seats had to come out. I threatened to take the guy to
small claims court and he told me "Go ahead, take your best shot,
it's your job to check this stuff out buddy." He was
right! I think there ought to be a law, and there
is. It's called buyer beware. I sure hope that never
happens with Real Estate transactions, but there are
forces out there that would like to see just that.
And they got some very big bucks, just like the auto
interests.
The following is reprinted with permission
of The California Real Estate Inspection Association
The
home inspector is a generalist who observes a home’s systems,
structures and components and identifies material defects. The inspection is neither
technically nor physically exhaustive. The inspector operates
components and systems that can be done so with normal user controls
and as conditions permit, but the inspection is limited to those
specific systems, structures, and components that are present and
visually accessible.
In addition to not being able to
report on conditions that cannot be seen because they are concealed
within the construction, buried beneath the ground, hidden behind
personal property, or otherwise unobservable, there are limitations
imposed on home inspectors.
For example, in California, home inspectors do not inspect
for termites and other wood destroying organisms, as this practice
is reserved by law for licensed pest control operators. Other
common limitations involve engineering standards, geological
stability, environmental hazards, zoning designations, lot line
placement, low voltage electrical equipment, product recalls, and
other specific “expert only” matters. The purpose of a home
inspection is to report significant defects from a practical
standpoint, not as they relate to codes and
regulations.
The
inspector will issue a report describing the findings and any
material defects. A
material defect is a condition that significantly
affects the value, desirability, habitability or safety of
the home. Style or
aesthetics are not considered in determining whether a specific
system, structure, or component is defective. The inspection report is not
meant to be a seller’s repair list. For example, in most
instances it is not customary to demand that sellers repair minor
defects such as door and gate problems.
Note:
My inspections are per The Standards of Practice of the California
Real Estate Inspection Association, please familiarize yourself with
them to help prevent any mis-understandings. www.creia.org/lawsstandards/index.htm
I copied and pasted the following from a
law site, I am not responsible for it's exact content, if you want to look at the code itself, you can log on
to. www.leginfo.ca.gov
From the main menu of that website, click on “California Law.” On
the next menu, check the box for the Business and Professions Code,
enter 7195, and click on
“Search.”
Section 7195 - 7199 of The B & P
Code Note: I am not
responsible for any mistakes in the text. (I copied and pasted
this)
7195. For purposes of this chapter, the following
definitions apply: (a) (1) "Home inspection" is a
noninvasive, physical examination, performed for a fee in
connection with a transfer, as defined in subdivision (e), of
real property, of the mechanical, electrical, or plumbing systems
or the structural and essential components of a residential
dwelling of one to four units designed to identify material
defects in those systems, structures and components.
"Home inspection" includes any consultation regarding the
property that is represented to be a home inspection or any
confusingly similar term.
(2) "Home inspection,"
if requested by the client, may include an inspection of energy
efficiency . Energy efficiency items to be inspected may
include the following: (A) A noninvasive inspection
of insulation R-values in attics, roofs, walls, floors, and
ducts. (B) The number of window glass panes and
frame types. (C) The heating and cooling equipment
and water heating systems. (D) The age and fuel type
of major appliances. (E) The exhaust and cooling
fans. (F) The type of thermostat and other
systems. (G) The general integrity and potential
leakage areas of walls, window areas, doors, and duct
systems. (H) The solar control efficiency of
existing windows
Note: I do not currently perform energy
efficiency inspections.
(b) A "material defect" is a condition that significantly
affects the value, desirability, habitability, or safety of the
dwelling. Style or aesthetics shall not be considered in
determining whether a system, structure, or component is
defective.
Note: Cosmetic issues are specifically excluded
by the Standards of Practice
(c) A "home inspection report" is a written report prepared for
a fee and issued after a home inspection. The report
clearly describes and identifies the inspected systems,
structures, or components of the dwelling, any material defects
identified, and any recommendations regarding the conditions
observed or recommendations for evaluation by appropriate
persons. (d) A "home inspector" is any individual
who performs a home inspection. (e) "Transfer" is
a transfer by sale, exchange, installment land sales contract, as
defined in Section 2985 of the Civil Code, lease with an option
to purchase, any other option to purchase, or ground lease
coupled with improvements, of real property or residential stock
cooperative, improved with or consisting of not less than one nor
more than four dwelling units.
7196. It is the duty of
a home inspector who is not licensed as a general contractor,
structural pest control operator, or architect, or registered as
a professional engineer to conduct a home inspection with the
degree of care that a reasonably prudent home inspector would
exercise.
7196.1. (a) Nothing in this chapter shall be
construed to allow home inspectors who are not registered
engineers to perform any analysis of the systems, components, or
structural integrity of a dwelling that would constitute the
practice of civil, electrical, or mechanical engineering, or to
exempt a home inspector from Chapter 3 (commencing with Section
5500), Chapter 7 (commencing with Section 6700), Chapter 9
(commencing with Section 7000), or Chapter 14 (commencing with
Section 8500) of Division 3. (b) This chapter does
not apply to a registered engineer, licensed land surveyor, or
licensed architect acting pursuant to his or her professional
registration or license, nor does it affect the obligations of a
real estate licensee or transferor under Article 1.5 (commencing
with Section 1102) of Chapter 2 of Title 4 of Part 3 of Division
2 of, or Article 2 (commencing with Section 2079) of Chapter 3 of
Title 6 of Part 4 of Division 3 of, the Civil Code.
Note: This means home inspectors are not
allowed to act as engineers, a home inspection is not
structural, or geological analysis.
7197.
It is an unfair business practice for a home inspector, a company
that employs the inspector, or a company that is controlled by a
company that also has a financial interest in a company employing
a home inspector, to do any of the following: (a) To
perform or offer to perform, for an additional fee, any repairs
to a structure on which the inspector, or the
inspector's company, has prepared a home inspection report in the
past 12 months.
(b) Inspect for a fee any
property in which the inspector, or the inspector's company, has
any financial interest or any interest in the transfer of the
property. (c) To offer or deliver any compensation,
inducement, or reward to the owner of the inspected property, the
broker, or agent, for the referral of any business to the
inspector or the inspection company.
(d) Accept
an engagement to make an inspection or to prepare a report in
which the employment itself or the fee payable for the inspection
is contingent upon the conclusions in the report, pre-established
findings, or the close of escrow. (e) A home
protection company that is affiliated with or that retains the
home inspector does not violate this section if it performs
repairs pursuant to claims made under the home
protection contract.
7198. Contractual provisions
that purport to waive the duty owed pursuant to Section 7196, or
limit the liability of the home inspector to the cost of the home
inspection report, are contrary to public policy and invalid.
7199. The time for commencement of a legal action for
breach of duty arising from a home inspection report shall not
exceed four years from the date of the inspection.
Note: Section 7199 states that the time period
for legal action in home inspection related cases shall not
exceed four years, our
agreement limits that time frame to two years. There
is also a "Binding Arbitration Clause". I will not
perform any inspections without your consent to these and other
stipulations as noted on The Agreement; every legitimate, insured,
Inspector I know has the same or a similar agreement.
(Click on "Our Agreement" page to view The
Agreement)
Call American
Real Estate Inspection at 866-346-3337 or
951-308-2424 today!
Your "Best Choice" for Home
Inspections
American Inspection, American
Real Estate Inspection, and American Real Estate Services are wholly
owned and operated by Dehlinger Enterprises Inc. a California
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