58-4512. Home inspections, standards; disclaimer of liability, limitations; actions to recover damages, time for filing, amount of damages; pre-inspection notice.
58-4512
58-4512. Home inspections, standards; disclaimer ofliability, limitations; actions to recover damages, time for filing, amount ofdamages; pre-inspection notice.(a) It is the duty of all home inspectors registered under thisactto conduct homeinspections with the degree of care that a reasonably prudent home inspectorwould exerciseunder the circumstances.
(b) All home inspections shall be conductedaccording toa standard of practice and a code of ethics approved bythe board.
(c) No registered home inspector may include, as a term or conditioninan agreement toconduct a homeinspection, any provision that disclaims the liability for any errors andomissions which may ariseduring a home inspection, or limit the amount of damages for liability for anyerrors andomissions which may arise during a home inspection to less than $10,000 in theaggregate foreach home inspectionandsuch term or condition or limitation setting the liability at an amount greaterthan $10,000 must be provided to the customer in writing to be in effect.
(d) An action to recover damages for any act or omission of aregistered home inspectorrelating to a homeinspection or home inspection report must be brought not more than 12months from the date the homeinspection wasperformed and may be initiated only by the client for which the homeinspection was conducted.
(e) In any action to recover damages for any error or omission of aregistered homeinspector relating to ahome inspection or home inspection report, a registered home inspectoris liable for anyerrors and omissions which may arise during a home inspection in an amount ofnotto exceed $2,000 in theaggregate for each home inspection, or to the amount in thepre-inspection agreement to conduct a home inspection, if greater than$2,000 in theaggregate for each home inspection, provided that a registered homeinspector providesthe customer with a clear written description in the pre-inspection agreementof any greater limitations on the liability of the registered homeinspector for anyerrors and omissions which may arise during the home inspection.
(f) All home inspectors registered under this act shall provideclients with a written pre-inspection notice priorto the home inspection.
History: L. 2008, ch. 171, § 11;L. 2009, ch. 118, § 9; July 1.