In the absence of any laws mandating disclosure from sellers and building code standards for builders and contractors, the state of Kansas has passed a law creating a $10,000 home warranty to be paid by all inspectors who inspect a home in that state.
So that inspectors can protect their licenses and reduce to the extent possible any payouts under this state law, some adjustments to the reporting method must be made.
I present this now for discussion and, if deemed necessary, a future addendum to the NACHI SOP for similar laws of this grievous nature.
For the sake of the ability to maintain a license and reduce the number of claims made on the warranty he represents, the inspector has no choice but to present the darkest side of all defects noted.
He cannot afford to assume that the torn vinyl floor in the bathroom does NOT have mold under it. He cannot afford to assume that the discoloration on the drywall is not evidence of past moisture damage with the possibility of mold behind it.
Any attic leak, or indication of previous leaks, will require an extensive examination by someone after the inspection to look beneath all of the insulation for the existence of wood destroying organisms or insects.
Homes built prior to 1971 will have to have the recommendation that it be further checked for the existence of lead paint and asbestos in the textured cieling and the client should sign a waiver for every ancilliary inspection he refuses to book.
Now…this is going to really hurt sales and cost a few deals, but it was the salesmen who pushed the bill and they had to know what they were doing, right?
Otherwise, how can anyone afford to offer a $10,000 warranty with a $300 inspection fee on every house he inspects?