05 LC 19
6609
House
Bill 903
By:
Representative Benfield of the
85th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia
Annotated, relating to documentation by home inspectors, so as to provide for
new definitions; to change a provision relating to documentation by home
inspectors; to provide for more restrictive requirements for home inspectors by
political subdivisions; to provide for the duty of care of home inspectors; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to
documentation by home inspectors, is amended by striking said article in its
entirety and inserting in lieu thereof the following:
"8-3-330.
As
used in this article, the term:
(1)
'Client' means the person on whose behalf a home or single-family dwelling is
being inspected.
(2)
'Home
'home
inspector' means any person, except an employee of a county, municipality, or
political subdivision while engaged in the performance of the duties of his or
her employment, who, for consideration, inspects and reports on the condition of
any home or single-family dwelling or the grounds, roof, exterior surface,
garage or carport, structure, attic, basement or crawl space, electrical system,
heating system, air-conditioning system, plumbing, on-site sewerage disposal,
pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for
a prospective purchaser or
seller, but
shall not include a plumber, electrician, professional engineer, person engaged
in structural pest control, real estate appraiser, real estate broker or agent,
heating, ventilation, air conditioning, or refrigeration contractor who is
licensed in this state while acting within the scope of that license, roofer,
general contractor, or remodeler while acting within the scope of that
occupation.
8-3-331.
Every
home inspector shall provide to the
person on
whose behalf a home or single-family dwelling is being
inspected
client
a written document specifying:
(1)
The scope of the inspection, including those structural elements, systems, and
subsystems to be inspected;
(2)
That the inspection is a visual inspection; and
(3)
That the home inspector will notify in writing the
person on
whose behalf such inspection is being made
client
of any defects noted during the inspection, along with any recommendation that
certain experts be retained to determine the extent and corrective action
necessary for such defects.
8-3-331.1.
This
article shall be cumulative to and shall not prohibit
or
Nothing in
this article shall preempt a political
subdivision from
prescribing
enacting
licensing requirements or
rules and
regulations for home inspectors
that are more
restrictive than the minimum standards and requirements set forth in this
article.
8-3-332.
Any
person violating
any of the
provisions
Code Section
8-3-331 of this article shall be guilty of
a misdemeanor.
8-3-333.
(a)
Every home inspector shall comply with the provisions of this article. The duty
of every home inspector shall be to the client.
(b)
Nothing in this article 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.
(c)
It is the duty of a home inspector who is not licensed as an 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.
(d)
Every written report prepared by a home inspector and the information contained
therein shall be deemed confidential and shall not be disclosed without the
express consent of the client.
(e)
It shall be unlawful and an unfair business practice as contemplated by Code
Section 10-1-393 for a home inspector to:
(1)
Perform or offer to perform, for any additional fee, any repair, improvement, or
replacement of any component or system in a residential building for which such
inspector, affiliate, partner, or relative thereof shall have prepared a home
inspection report prior to the close of escrow;
(2)
Inspect any residential building in which such inspector, affiliate, partner, or
relative thereof has a financial interest or any interest in the transfer
thereof, including the receipt of any commission as an agent;
(3)
Offer to provide or provide any commission, referral fee, or kickback to the
seller of any inspected residential building, or to the agent of either or both
the seller and buyer of such building, for the referral of any business to such
inspector, affiliate, partner, director, officer, or relative thereof;
or
(4)
Agree to perform any home inspection or prepare any home inspection report for
which compensation or employment is contingent upon the conclusions of the home
inspection report, preestablished or prescribed findings, or the closing of a
real estate transaction.
(f)
A contractual provision that waives, limits, or disclaims the duties owed
pursuant to this article or the legal liability of a home inspector shall be
void as contrary to public
policy."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.