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Post Your Problems: Inspect home inspector's credentials
Wednesday, August 06, 2008

Since barbers and beauticians have to be licensed in Pennsylvania, you might think home inspectors also would need a license.

You would be wrong.

Although home inspectors don't need a license, they must adhere to the Pennsylvania Home Inspector Law, said Warren King, president of the Better Business Bureau of Western Pennsylvania.

The problem is that too many consumers don't know about the law, what it requires of home inspectors and how to find home inspectors worthy of the name.

Another problem is that too many home inspectors -- from 40 percent to 60 percent -- don't comply with the law, according to the Pennsylvania Home Inspectors Council.

Mr. King said the Better Business Bureau and the Pittsburgh Regional Organization of the American Society of Home Inspectors have teamed up to help consumers and real estate agents find inspectors who do comply with the law.

Mr. King said the law requires a home inspector to:

• Be a full member in good standing of a national, not-for-profit home inspection association.

• Attend continuing professional education classes.

• Carry both liability and errors and omissions insurance.

• Disclose any financial interest in the sale of the home.

• Obtain a client's consent before providing a copy of a report to anyone else.

Mr. King said the law prohibits inspectors -- for one year -- from receiving pay to perform repairs to properties they inspected, and they are not permitted to compensate real estate agents for referrals.

He said the home inspection law has been in effect since Dec 20, 2001, "with limited enforcement action being taken."

"Failure to maintain the required association membership, continuing education and insurance can lead to severe penalties," Mr. King said.

A district judge can impose a fine of $500 or sentence the inspector to no more than three months in jail or both for not having the required insurance provisions. If found guilty of second and subsequent offenses, the inspector can be fined up to $5,000 or imprisoned for up to two years, or both.

Mr. King said consumers should verify the inspectors they hire are in compliance with the law by requesting copies of their current certificates of insurance and proof they are members in good standing of a home inspection association and adhere to the requirements of the state home inspector law.

"The real purpose of a home inspection is to keep residents safe and protect the major investment that a home represents," he said. "The sad news is that errors can occur by both overstating and missing problems. Without proper training an inspector may miss identifying a defect, or on the other side, identify something that is not a defect as a defect.

"If either party suspects a mistake, it is appropriate to inspect the inspector. If the inspector doesn't comply with the law, the inspection is not valid. If the inspector does not have insurance, you could own a 'money pit' and have no recourse."

Dan Howard, a spokesman for the American Society of Home Inspectors and its local chapter, said the pressures on real estate agents to use home inspectors who don't comply with the law "can be intense, especially when sales are down 20 percent as they are here and nationwide."

"The temptation not to use home inspectors who are diligent and thorough is higher than it ever has been because they stand between the commission and the sale," he said.

Mr. Howard, a home inspector for 28 years, said it is expensive for inspectors to comply with the state law. Insurance for a self-employed home inspector starts at about $4,500 a year. Add $2,000 for continuing education courses. And membership in a national home inspection association can run to $900 a year.

Bottom line: Buyer be aware.

For more information on the Better Business Bureau, go to www.pittsburgh.bbb.org or call 412-456-2700. For more information on the American Society of Home Inspectors, go to www.PRO-ASHI.com or call 724-295-9703.

Lawrence Walsh can be reached at pyp@post-gazette.com and 412-263-1895. More articles by this author
First published on August 6, 2008 at 12:00 am
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