Temecula Home Inspection,Murrieta Home Inspection,Riverside Home Inspection,San Diego Home Inspection,Corona home Inspection,Escondido Home Inspection
 
  The Business and Professions Code
Home PageThe InspectorContact UsThe InspectionSite MapLinksFeesOur AgreementMobile HomesNew HomesOur Guarantee

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 LLC

 

Home Page | The Inspector | Contact Us | Services | Site Map | Links | 

Fees | The Agreement | Mobile Homes | Commercial Inspections 

 New Homes 




Starfield Technologies, Inc.