If so who do I notify at the DBPR?
If I am not mistaken, it is only illegal if you are doing the inspections under your home inspector license. If you are doing the inspections using your contractor’s license, then it is ok, legal, and encouraged. Of course, this is not legal advise and should not be relied upon as such.
On a more serious note, as you are a licensed contractor and also a licensed home inspector, you would have “legal standing” to file a declaratory petition to both DBPR home inspector licensing division as well as CILB seeking a clarification in the laws relating to paying for referrals - a.k.a kickbacks.
If the alleged kickback was offered by a licensed home inspector, the complaint would be filed with DBPR home inspector licensing division.
I was shown this last week. I don’t know the guy. But It appears to be flat out kick back. If he’s on the message board, maybe he will respond.
Free $100 Visa Giftcard For Any Realtor That Has 4 or More Completed Home Inspections in The Month of January
Free $100 Visa Gift Card for ANY Realtor that has 4 OR more Complete Home Inspections in the month of January
The professionals at Inspection Xpress understand that buying or selling a home is one of the biggest decisions in your clients life. Our inspections are preformed to the highest standards, using state of the art equipment, by certified inspectors.
**We understand that there are many choices here in South Florida but we strive to deliver the highest quality inspections to you and your clients. **
This month Inspection Xpress is offering a one hundred dollar Visa gift card to any realtor that has 4 or more home inspections completed in the month of January.
Please call for scheduling 561.742.7222
**We offer same day service **
Effective date January 1st- Febuary 1st
Other Services Offered:
-Mold Testing
-Insurance Inspection (Wind Mitigation, 4 Point, Roof Certification, Flood Elevation Certificates)
-Thermal Imaging
-Commercial Inspections
He must have removed that. I just went on his site and did not see it. He also states that he does termite inspections but nowhere on his site does he say that he is licensed to do so or that he brings a licensed termite inspector with him.
You might have better luck with the DBPR-FREC, Florida Real Estate Commission as they have monthly meetings and pass out fines like free parking passes.
I have sent an email to a friend who is on the FREC commission for the legal answer.
Will post their reply when it arrives.
Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS **Chapter 468 **
MISCELLANEOUS PROFESSIONS AND OCCUPATIONS View Entire Chapter 468.8319 Prohibitions; penalties.— (1) A person may not: (a) Effective July 1, 2011, practice or offer to practice home inspection services unless the person has complied with the provisions of this part.
(b) Effective July 1, 2011, use the name or title “certified home inspector,” “registered home inspector,” “licensed home inspector,” “home inspector,” “professional home inspector,” or any combination thereof unless the person has complied with the provisions of this part.
© Present as his or her own the license of another.
(d) Knowingly give false or forged evidence to the department or an employee thereof.
(e) Use or attempt to use a license that has been suspended or revoked.
(f) Perform or offer to perform any repairs to a home on which the inspector or the inspector’s company has prepared a home inspection report. This paragraph does not apply to a home warranty company that is affiliated with or retains a home inspector to perform repairs pursuant to a claim made under a home warranty contract.
(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest.
(h) Offer or deliver any compensation, inducement, or reward to any broker or agent therefor for the referral of the owner of the inspected property to the inspector or the inspection company.
(i) Accept an engagement to make an omission or prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, preestablished findings, or the close of escrow.
(2) Any person who is found to be in violation of any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 2007-235; s. 20, ch. 2010-106; s. 12, ch. 2010-176; s. 8, ch. 2011-222.
This refers to the OWNER of a property. I will get the reply for the potential BUYER of the property.
Yes. Very illegal.
Yes, it is illegal for licensed home inspectors. However, the statute noted above is limited to licensed home inspectors. In Florida, licensed contractors can also do home inspections. However, the licensed contractor is not bound by the SOP and ethics provisions that the licensed home inspector is bound by in the statutes cited above in this thread. Consequently, the licensed contractor providing home inspections is not held accountable by DBPR home inspector licensing division. Licensed Contractors are regulated by the CILB (construction industry licensing board). The enabling statute for contractors is F.S. 489. I do not believe that contractors have any ethics provisions or standards of practice (SOP) for inspections within their statute.
**(h) Offer or deliver any compensation, inducement, or reward to any broker or agent therefor for the referral of the owner of the inspected property to the inspector or the inspection company.
**Anyone holding himself out to be a home inspector MUST have an inspectors license! But the way that is written it wouldn’t apply to a buyers agent. Pretty sure that it is against the law for real estate agents to accept it anyway.
True, but this guy is not a contractor, he is a FL HI and a Nachi member.
added: I do believe that a contractor without a HI license can not advertise that they perform “home inspections” for real estate transactions.
That seems half *** backwards to me.
If the individual in question is a Florida Licensed home inspector and did offer kickbacks or any compensation, inducement, or reward to an agent for inspection referrals, then the individual has likely committed a violation of the home inspector statute. If that is the case, a complaint could be filed with the DBPR home inspector licensing division. If the complaint has sufficient grounds, an investigation would then be initiated by DBPR.
Also, if I am not mistaken, providing kickbacks or inducements to realtors for the referral of inspections is also a violation of NACHI’s code of ethics. Again, a complaint could and should be filed with NACHI as well. If we, as professional home inspectors don’t police ourselves, it undermines the credibility and integrity of our profession.
I agree.
Apparently, Jay must have seen a flyer or email with this offer. Even the logo is different on the website.
Have heard back from the source; Yes, it is an illegal kick back and ALSO violates the RESPA, which takes it to the Federal level. That should shake up the Realtor if they have any sense. If they are a member of the NAR then it is illegal in that organization also and most Realtor’s belong if they work with a National Company.
“Any payment, advance, funds, loan, service, or other consideration. It includes, without limitation, monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses, or reduction in credit against an existing obligation”.
The contractors have a much stronger lobby and much more $ than the lowly home inspector.
Here’s another half*** backwards one for you:
Did you know that a Government bureaucrat named G.W. Harrell who works for the Division of Professions (DBPR) carefully crafted a Declaratory Statement in response to an Declaratory Petition submitted by an insurance industry lobbyist on behalf of Don Meyler Inspections (DMI) that provides legal cover for DMI to provide kickbacks to insurance agents for referrals for insurance related inspections? Apparently, Mr. Harrell narrowly interpreted the following statute to be limited to “real estate agents and brokers”:
468.8319 Prohibitions; penalties.— (1) A person may not: (a) Effective July 1, 2011, practice or offer to practice home inspection services unless the person has complied with the provisions of this part.
(h) Offer or deliver any compensation, inducement, or reward to any broker or agent therefor for the referral of the owner of the inspected property to the inspector or the inspection company.
According to Mr. Harrell’s ruling, the section above only refers to real estate agents and brokers. Consequently, giving kickbacks or the more politically correct term “referral fees” to insurance agents or broker is perfectly acceptable and does not violate the ethics provision in the statute noted above.
You really can’t make this stuff up.
For your reading entertainment- or outrage- depending on your perspective. Here is a link to a copy of Mr. Harrell’s reaching Declaratory Statement:
//http://www.myfloridalicense.com/dbpr/pro/homein/documents/ds_04_2013-039.pdf](http://www.myfloridalicense.com/dbpr/pro/homein/documents/ds_04_2013-039.pdf)