Originally Posted By: denni
This post was automatically imported from our archived forum.
The present law is the first paragraph. I have submitted the bottom paragraphs to be added to the existing law.
CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS.
Chapter 112: Section 87YY?. First signing of purchase agreement; distribution of home inspection brochure; prohibition of specific recommendations; exception. [Added by 1999, 146, Sec. 2 effective May 1, 2001. See 1999, 146, Sec. 7.]
At the time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process. Real estate brokers and salesmen shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker.
No real estate agent (broker, salesperson, or their employee) shall hinder, interfere, or prevent a licensed home inspector from performing a full and thorough inspection of any property for his/her clients. No agent shall interfere, in any manner, with any contractual relationship that a home inspector has with their client. No real estate broker or salesperson shall advise or comment to any real estate buyer regarding typical or specific home inspection fees or a range of fees.
No real estate broker, salesperson, or real estate firm shall display or distribute to any potential real estate buyer any literature that advertises any particular home inspector or home inspection company. The foregoing limitations specified above shall not apply to a real estate agent acting in a fiduciary capacity as a ?buyers? broker? on behalf of a client provided that the parties have entered into a written contract specifying that the ?buyers broker? shall act exclusively for the client and, in return, that the buyer client is obligated to pay the fees to said buyers? broker. An agent operating under a dual agency agreement shall not be considered to be a buyers? broker. The restrictions stated above shall be given, in writing, to a potential buyer at the beginning of the first meeting with a potential buyer.