hb903_LC_19_6609_a_2.html
05 LC 19 6609
House Bill 903
By: Representative Benfield of the 85th

A BILL TO BE ENTITLED
AN ACT

To amend Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, so as to provide for new definitions; to change a provision relating to documentation by home inspectors; to provide for more restrictive requirements for home inspectors by political subdivisions; to provide for the duty of care of home inspectors; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is amended by striking said article in its entirety and inserting in lieu thereof the following:
"8-3-330.
As used in this article, the term:
(1) 'Client' means the person on whose behalf a home or single-family dwelling is being inspected.
(2) 'Home 'home inspector' means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single-family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawl space, electrical system, heating system, air-conditioning system, plumbing, on-site sewerage disposal, pool or hot tub, fireplace, kitchen, appliances, or any combination thereof for a prospective purchaser or seller, but shall not include a plumber, electrician, professional engineer, person engaged in structural pest control, real estate appraiser, real estate broker or agent, heating, ventilation, air conditioning, or refrigeration contractor who is licensed in this state while acting within the scope of that license, roofer, general contractor, or remodeler while acting within the scope of that occupation.

8-3-331.
Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected client a written document specifying:
(1) The scope of the inspection, including those structural elements, systems, and subsystems to be inspected;
(2) That the inspection is a visual inspection; and
(3) That the home inspector will notify in writing the person on whose behalf such inspection is being made client of any defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent and corrective action necessary for such defects.

8-3-331.1.
This article shall be cumulative to and shall not prohibit or Nothing in this article shall preempt a political subdivision from prescribing enacting licensing requirements or rules and regulations for home inspectors that are more restrictive than the minimum standards and requirements set forth in this article.

8-3-332.
Any person violating any of the provisions Code Section 8-3-331 of this article shall be guilty of a misdemeanor.

8-3-333.
(a) Every home inspector shall comply with the provisions of this article. The duty of every home inspector shall be to the client.
(b) Nothing in this article shall be construed to allow home inspectors who are not registered engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering.
(c) It is the duty of a home inspector who is not licensed as an architect or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise.
(d) Every written report prepared by a home inspector and the information contained therein shall be deemed confidential and shall not be disclosed without the express consent of the client.

(e) It shall be unlawful and an unfair business practice as contemplated by Code Section 10-1-393 for a home inspector to:
(1) Perform or offer to perform, for any additional fee, any repair, improvement, or replacement of any component or system in a residential building for which such inspector, affiliate, partner, or relative thereof shall have prepared a home inspection report prior to the close of escrow;
(2) Inspect any residential building in which such inspector, affiliate, partner, or relative thereof has a financial interest or any interest in the transfer thereof, including the receipt of any commission as an agent;
(3) Offer to provide or provide any commission, referral fee, or kickback to the seller of any inspected residential building, or to the agent of either or both the seller and buyer of such building, for the referral of any business to such inspector, affiliate, partner, director, officer, or relative thereof; or
(4) Agree to perform any home inspection or prepare any home inspection report for which compensation or employment is contingent upon the conclusions of the home inspection report, preestablished or prescribed findings, or the closing of a real estate transaction.
(f) A contractual provision that waives, limits, or disclaims the duties owed pursuant to this article or the legal liability of a home inspector shall be void as contrary to public policy."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.