Visual walkthroughs in Ohio. I don’t think these are legal in Ohio anymore. Does anyone know for sure? I honestly couldn’t get a direct answer from the board either. I stopped doing them. Thanks.
Hi,
I believe the state sent an email about this a while back, but they said it is permissible as long as the limitations and restrictions are in the contract.
However, while still under its own unique contract, you can still do a “non-home inspection.” The law regulates home inspections; providing advice and guidance, has never been illegal. You don’t have to have a state license to tell someone that their roof looks like crap.
If you get paid you do.
What is a non-home inspection?
What you appear to be describing is basically a “Walk and Talk” inspection with no formal report. That was a very large and contentious issue here in Texas. However efforts to have our license agency address it culminated in a final and published decision these are not acceptable.
I read your HI laws and SOP and they are are just as murky as ours were. As I read your requirements you must have a contract that specifies the scope, you must inspect what they require, and you must issue a report. However there appears to be confusion whether you can define in your scope “what” you are actually inspecting, “How” you will inspect it, and “How” you will or will not report it.
When our laws were murky I offered these inspections by describing in the contract what would be inspecting, how it would be inspected, and that they would receive a report disclaiming all areas as not completely inspected (and for reason such as lower fee) and that the report would be void of information. The report was prepared and brought to the site and handed to them after they signed it acknowledging receipt. Easy to do since it was basically empty except disclaimers in all sections.
It sounds like you are facing the same thing we here in Texas did. You should speak with Nick and see if he can have his Attorney’s make inquiries to the HI Board in Ohio to clarify the matter. Most agencies will try to use their Legal Beagles to muddy the water more and sending an Attorney their way may get results and a lot faster than even a group of Ohio Inspectors making Requests For Interpretation of the law and SOP.
Remember only The Gods can define the law but the Demigods enforce it. Ask them, pay attention to them, and ignore the Demi-Demigods out there.
Only if you don’t charge them a fee.
Partial inspections are permmited as long as it’s clearly stated in the PIA and the report what is and what isn’t inlcuded in the inspection and report and why,
Dear Stakeholders,
Whether you call them the walk & talk, or a partial inspection, consultation, and concierge, the Division of Real Estate and Professional Licensing reminds licensees that any visual examination of the readily accessible components of a residential building for a client by a home inspector is a home inspection and must comply with Ohio license law and regulations set out of by the Ohio Home Inspection Board.
Those regulations include Standards of Practice and the Canons of Ethics. The Division reminds licensees of the following:
Before starting a home inspection in Ohio, licensed home inspectors are required to have a written contract with the client.
Home inspections must be performed pursuant to that contract.
A “client” is a person who enters a written contract with a home inspector to retain, for compensation or other valuable consideration, the services of that home inspector to conduct a home inspection and to provide a written report on the condition of a residential building.
Oral reports to the client or an agent of the client of the home inspector’s findings are prohibited.
The inspection of some, but not all, of the readily accessible components of a residential building as found in Ohio Administrative Rule 1301:17-1-17 by an Ohio licensed home inspector is permitted if all the following are satisfied:
A written contract is entered into by the licensed home inspector and the client prior to the performance of any home inspection.
The written contract clearly expresses or identifies the system(s) or component(s) of the property that will and will not be inspected by the licensee.
The written contract clearly expresses or states the reason the system(s) or component(s) for the property was not inspected.
The property’s systems and components which were inspected by the licensee must be inspected in compliance with Ohio laws and regulations.
The licensee produces a written report for the client containing the licensee’s findings.
The written report must be produced in compliance with Ohio laws and regulations. The written report must also clearly state, for the protection of all parties involved, those systems or components that were inspected and were not inspected by the licensee. For those systems or components not inspected, the reason those items were not inspected must be included in the written report.
Remember, if real estate licensees provide any home inspectors, the agent must provide at least three active home inspectors’ names to their clients (Ohio Revised Code § 4735.22). That means a home inspector may not offer to provide exclusive service to a real estate brokerage and/or agent.
Thank you,
Anne M. Petit
Superintendent, Division of Real Estate & Professional Licensing
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True. I have been try then to explain some things to the public. Cordell doesn’t allow discussion on it. I have attended OHIB meetings and you have not. It is extremely dangerous to be giving Ohio HI legal advice when you are not licensed in Ohio.
That really helps the discussion on walk-throughs.
This means that just looking at the electrical installation is prohibited unless certified. No engineering unless licensed.
Note condition.
Some still advertise being able to do these. Guess what I do? Turn them in. I can do them because I am certified to do so. That is why I tell you to get certified. Stand out. Get ICC certified. No law says that you can’t.
Who does that? I’d like to see some of the contracts on walk-throughs.
Only for home inspections. Does not apply to pre-drywall or phase inspections.
So they have specifically required a completed report with findings written in it. That alone kills any type of “Walk and Talk” type inspection. Are you aware if Ohio is planning to amend their rules to make this clear?
TREC does the same thing here with the “Written” opinions that are typically provided in a monthly newsletter. Unfortunate for the newer Inspector who may not have seen it.
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So there you have it courtesy of Kevin. Another example of be wary of the Demi-Demigods who might lead you astray!
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They can’t amend any rules until 5 years after they went into effect. Yes, I am aware of everything going on. I attend those meetings. You and Kevin do not. You are ill equipped to inform me of anything new in Ohio.
But please keep me up to date with your legal opinions. I always enjoy a good laugh from some from outside of Ohio esplaining Ohio law.
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