Originally Posted By: gromicko
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N.Y.: Assoc. Opposes Inspection Disclosure Bill
(March 18, 2004) -- New York State Association of REALTORS? opposes a bill that would require brokers and salespeople to provide prospective purchasers of one-to-four family residential property, including condominiums and co-ops, with a Home Inspection Qualification Disclosure Notice before the signing of a purchase contract or binder, says Mike Kelly, NYSAR's government and political affairs representative.
The purpose of the proposed disclosure notice, according to the language of the bill (S.B.6245), is "to explain the scope of practice and authority of persons offering to provide home inspections." The notice encourages the buyer "to obtain professional inspections and environmental tests." Such inspections and tests aren't required under state law.
The bill provides that willful failure by a broker or salesperson to provide the form to a buyer constitutes professional misconduct, which could lead to an investigation by the New York Department of State.
NYSAR opposes the bill, Kelly says, because "we don't believe practitioners should be responsible for handing out information about home inspections." Most practitioners probably do advise their clients to get inspections, but making the failure to do so a matter of professional misconduct is unacceptable.
?By Pat Taylor for REALTOR? Magazine Online