**HOME INSPECTORS **
ANNUAL REPORT EXECUTIVE SUMMARY
Sixty-five percent, or 35 jurisdictions, of the 54 surveyed jurisdictions have enacted statutes or regulations governing home inspectors and/or home inspections, but:
only 63 percent (34 states) had enforceable regulatory regimes;
only 44 percent (24 states) set forth specific requirements for home inspections; and
only 20 percent (11 states) addressed third-party liability or liability limitations related to home inspectors.
Of the jurisdictions with home inspection rules, most laws and regulations are of recent vintage. Only two states (North Carolina and Texas) had original home inspection rules dating from the early 1990s. The laws of 30 percent of the jurisdictions that regulate home inspectors were enacted in 2003 to 2008.
Nineteen of the jurisdictions surveyed did not have home inspector regulatory laws.
Floria has passed a licensing statute, but delayed its effective date until July 2010. Washington’s newly enacted law becomes effective January 2010, and Kansas’ licensing law is not effective statewide until 2011, although in certain counties the effective date is July 2009. Rhode Island likewise has a licensing program, but its implementation remains unfunded. Pennsylvania has imposed practical standards on inspectors, but no license requirement, while Virginia enacted a voluntary certification program. Other states, such as Montana and Georgia, require only that a home inspector make certain disclosures and provide specified documentation to his or her client.
Of the remaining jurisdictions, the vast majority provided exceptions to the licensing rule, with common categories including government and code enforcement personnel and licensed real estate brokers, agents and apraisers.
**Licensure Qualifications **
Of the jurisdictions with licensure requirements, the majority rule, favored by over 95 percent of the licensing jurisdictions, requires a high school education, some practical or educational home inspection program, exam passage, and license fee payment. Insurance coverage, moral character, and minimum age were also required in some instances. Systems in Connecticut and Nevada were typical of this model. Some jurisdictions, such as Alabama and Indiana, barred applicants with certain criminal records.
**Inspection Scope **
Of the surveyed jurisdictions, 43 percent specify standards for home inspections. Of these states, half provided lists of features that should be inspected and reported; most states also listed exceptions, such as seasonal and temporary items on the property.
Eighty percent, or 43 jurisdictions, did not deal with limitations of liability or liability to third parties related to home inspection. Of the remaining eleven states, only Alaska, Kansas, Kentucky and Wisconsin had provisions under both categories, and only six states addressed liability to third parties, generally absolving inspectors of such liability. A total of nine states spoke to limitations of liability; six of these disallowed certain contractual limitations of liability. Case law may provide liability standards not available in statutory or regulatory regimes.