Questions about licensing and enforcement

I have many questions regarding home inspections and licensing that deserve civil discussion and answers. Here is one to start:

Can a Florida licensed contractor (Div.1 of course) hire non licensed employees to do home inspections for their companies?

I do not know?
It would not seem to be something one would want to do BUT before licensing Home Inspectors in my area hired guys with no experience and “trained” them and sent them out to do the work for the. My brother was an instant home inspector and had no experience prior to the company what so ever.

No, in order to do a home inspection you must be a licensed Home Inspector.
A contractor can get an employee to do wind mitigation inspections, but neither the contractor nor his employee can do a Home inspection (as defined by statute) without the appropriate license.

I like how you think, but, do you have any specific citations of statute, or rules, etc. to support your position? Unfortunately, I believe you are mistaken. Although I do hope that you are correct and I am incorrect.

Here is another question: If a contractor (Div. 1 of course) botches a home inspection, to whom would a consumer file a complaint? CILB? DBPR home inspector licensing division?

I would guess the DBPR because it is not really a construction job but who knows.

They will make the s h i t up as they go along as they see problems happen. Not one part of licensing was thought out correctly. What was the need for it in the first place?

Oh wait I remember revenue for the state…To baD SO MAnY OTHERS COULD NOT SEE THE FORREST THROUGH THE TREES. DAMN CAPS.

Wow. Something that you and I agree on.

With respect to whom the complaint would be filed- DBPR (home inspector licensing division) does not regulate contractors and would have not jurisdiction if I am not mistaken.

In my non-Floridian opinion, the DBPR regulates the HI license bearer, irregardless the classification of the person holding said license.

What if the contractor does not hold a home inspector license?

Who hooo. Se we can “All Just Get Along”…sometimes:D

As far as I am aware ALL unlicensed activity is dealt with by the DBPR. Complaints against licensed individuals goes to specific boards such as CILB. So if a div 1 contractor does something for which he is not licensed, (whether it was plumbing electrical, or home inspections) it would be dealt with by DBPR.

then it is a non-issue issue.
The home inspector does a home inspection it is under their state certification and the GC is not in the mix.

Read the attached PDF.
If the Division 1 contractor does not state that it is or they are a Home inspector than there is no issue.

If_the_contractor_can_for_perform_home_inspections_because_.pdf (55.8 KB)

I have seen the document that you are referencing. As much as I agree with Mr. Hyland, his document is his opinion. As he is not a spokesperson for DBPR, his opinion is not binding or authoritative.- unfortunately.

Why would you say there is no issue? A botched home inspection is a botched home inspection, even if a contractor or non licensed inspector calls it something other than a home inspection as defined in the home inspector statute. (Perhaps a “walk and talk” or something like that;-).) I would also speculate that the consumer that feels he has been wronged- whether justified or not would consider it an issue.

So, again, if a contractor botches a home inspection - or some other name for a home inspection, to whom would a complaint be filed? CILB? or DBPR home inspector licensing division?

How can the GC not be in the mix if the GC performs a home inspection or some other name for a home inspection?

Some times a consultation is just a consultation :roll:

A Home inspection is a written report

Not everyone wants or needs that.

I believe most contractors want to be able to do as we always has just give our advice and opinions based on our experience. It is quite different from a Home Inspection. Home inspections **SHOULD NOT **have opinions just facts.

It sucks that so many Home inspectors seem to be threatened by that and try to make G.C.'s do what they do. We do not want to. At least I do not :slight_smile:

You can file complaints on each license and all licenses if you want.

If anyone advertises a home inspection and does a home inspection it would fall under DBPR because DBPR has jurisdiction on that license. If they do a Home Inspection without a HI license they they can be found to be practicing without a license, even if they have a GC license. They will then be trying to proof they were acting in the scope of their GC license. During a sale of a home that may be very problematic.

A GC still must get the HI license, even if they send it in a Cracker Jack Box.

If someone does a “Walk and talk” they can also be held for not properly doing a home inspection if DBPR finds that it should have been done differently. These investigators do not like it when you try to use the rules against them.

Do a “walk and talk” and you have no proof of what you said or did not say. If the buyer brings in several experts that says you should have done something differently(including suggesting a full real home inspection) you could find yourself defending you license and you assets. If the State agrees, they you will be hard pressed to win. Realize that when a deal goes South, that everyone will blame the license holder. The owner will simply state, “I thought I got a home inspection.” Game over.

It is actually easier to follow the rules. When something comes up you can then use them for your defense.

That is why I make damn sure anyone I do a walk and talk for knows it is NOT A HOME INSPECTION. A home inspection is a written report. No written report no home inspection. It is simply a consultation based on my lifes experiences and expertise.

John, I truly hope that you are correct in your statements above. However, due to the Koning Dec statement from CILB, it would appear that home inspection is within the scope of a Div.1 contractors license and no home inspector license is needed for a licensed contractor to perform a home inspection. Nowhere in the Dec. statement is there any limitation with respect to a contractor doing an inspection as part of a sale.

Consequently, if a contractor botches a home inspection, DBPR home inspection division would have no jurisdiction- assuming the contractor does not also hold a home inspector license. Furthermore, as it appears that the Div.1 contractor does not need a home inspector license to perform a home inspection, the contractor would not be bound by the home inspector SOP or any ethics provisions within the home inspector statute. Again, I would prefer to be wrong on this issue.

OK Steve,
When are you going to say what happened to start this thread???
What did some dumarse do???