Originally Posted By: ecrofutt
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Jeff, your reference makes it appear that the SOP prohibits it. It doesn’t. It lists it as a non-requirement.
To put it more in context, here are the exact sections as just copied from the NACHI SOP link at left.
3. Limitations, Exceptions & Exclusions
III. The inspectors are not required to:
L. Offer or perform any trade or professional service other than home inspection.
Perhaps you meant to refer to the Code of Ethics:
Code of Ethics
Duty to the Public
The NACHI inspector shall not perform or offer to perform, for an additional fee, any repairs or associated services to structure on which the inspector or inspector’s company has prepared a home inspection report, for a period of 12 months. This provision shall not include services to components and/or systems which are not included in the NACHI standards of practice.
Donna's fixing of an item, at no charge, that she missed on the inspection, does not appear, to me, to violate either the Standards of Practice or the Code of Ethics.
It may not be very smart, but that's another story. The one time it happened to me (toe thru sheetrock ceiling), I hired someone recommended by the seller's real estate agent, with the seller's OK, to repair it. I'd already POd the seller by putting a hole in her ceiling. I didn't want to have to come back and see her again and again while fixing the ceiling. Paid off. I've gotten referrals from the seller and one from the seller's agent. More than made up the cost of the repair.
Radon, mold, septic, pest, etc, inspections/testing are completely separate from a home inspection. NACHI / ASHI / NAHI, etc have no right, obligation, or duty to restrict, regulate, or otherwise interfere with those trades including whether they do testing / mitigation; or inspection & repairs / treatments
On the other hand, repairs (for a fee) to items that are a part of the home inspection have been found to be unethical by the national associations and are also prohibited under some state laws.
Note though that most state laws and association SOP & COE stuff does not prohibit us making the repairs to stuff we screwed up or missed.
In Texas, the law seems to prohibit an inspector from making ANY repairs, including to those things that they screwed up. It doesn't say anything about "for a fee".
CHAPTER 1102. REAL ESTATE INSPECTORS
SUBCHAPTER G. PROHIBITED ACTS
? 1102.304. REPAIRS AND MAINTENANCE. An inspector may
not perform or agree to perform repairs or maintenance in
connection with a real estate inspection under an earnest money
contract, lease, or exchange of real property.
Added by Acts 2001, 77th Leg., ch. 1421, ? 2, eff. June 1, 2003.
Seems fairly cut and dried. Though I'm not in Texas and perhaps somebody that has to operate under the rules there has a better understanding of the issues.
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