Be sure to consult with your local business attorney, and abide by the InterNACHI® Code of Ethics, which says that the “InterNACHI® member shall comply with all government rules and licensing requirements of the jurisdiction where he or she conducts business.”
Are you sure home inspectors fall under that umbrella? The verbiage image I read yesterday was very clear about home inspections in Michigan not being critical. The information you’re pointing to is specific to contractors who repair homes.
Q: Are people who repair homes considered critical infrastructure employees for the purposes of Executive Order 2020-21?
In general, yes. Under the order, critical infrastructure workers include workers “who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences.” To the extent your workers perform jobs that are necessary to the safety, sanitation, and operation of homes, they may be designated as critical infrastructure workers.
Realtors are not permitted to show homes. Without that it’s having a huge impact on offers being made. I’ve talked to a few agents today and they’re trying to do virtual showings but running into the same issue of not being allowed to go to the home to even take photos.
Michigan Realtors has interpreted the Executive Order to clarify that a buyer can attend the home inspection (with the inspector, not independently) of a home they are purchasing. However, the seller or the inspector can preclude this since it needs authorization from both. Permission must first be granted to the buyer (i.e. the patron) by the inspector who has liability for ensuring that s/he is using appropriate mitigation measures to protect their patrons. It also requires consent by the seller. We would suggest this consent be in writing. Keep in mind, this does not give the agent permission to attend the inspection.
Glad to see you posted this already, @gromicko. I am an affiliate member of the association which posted this update.
My only concern is the implication that I will be somehow responsible for the buyer’s actions within the home. Also the encouragement of written consent gives momentary pause. Your thoughts?
I just logged in to see if I had received a reply. Also took the time (today, not yesterday) to look further into written consent language, etc. which might have been already created by my excellent association.
The verbiage is clearly intended to be included in the buyer’s inspection contract. What about verbiage to be used for the seller of the home? If you inspect an occupied property does that increase liability and what do you do about that?
Interesting. That’s exactly how I read it the first time through also, Vince.
However, the “occupant” release has as its signer the “Seller/Tenant” rather than the buyer. This would add a bit of complication since I don’t often contact or see sellers during the inspection process.
I hope you and yours are staying well and safe down there, my friend.
I heard that the state police are not stopping people just to check if they are supposed to be out, or not. But, if someone gets stepped for some other infraction, it is in their purview to investigate further. And the fines, last I heard, were $500/ 1st and $1,000/ 2nd time offense.
Here’s a link to Michigan RealtorsCOVID-19 FAQs sheet which seems to contradict your understanding, @mbazzo. It was last revised April 17.
Of course, Michigan Realtors is only providing commentary, not being a government agency. Our local Realtors association continues to state home inspectors are allowed to work.