N.Y. Real Property Law 444-G – Duty of care of home inspectors
§ 444-g. Duty of care of home inspectors. 1. Every home inspector shall comply with the provisions of this article, and the rules, regulations and standards adopted pursuant thereto. The duty of every home inspector shall be to the client.
Terms Used In N.Y. Real Property Law 444-G
- Client: means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report about the condition of a residential building. See N.Y. Real Property Law 444-B
- Department: means the department of state. See N.Y. Real Property Law 444-B
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Home inspection: means the process by which a home inspector observes and provides a written report of the systems and components of a residential building including but not limited to heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components or any other related residential building component as recommended or required by the department through regulation to provide a client with objective information about the condition of the residential building. See N.Y. Real Property Law 444-B
- Home inspector: means a person licensed as a home inspector pursuant to the provisions of this article. See N.Y. Real Property Law 444-B
- Residential building: means a structure consisting of one to four dwelling units and their garages and carport but shall not include any such structure newly constructed or not previously occupied as a dwelling unit. See N.Y. Real Property Law 444-B
- Secretary: means the secretary of the department of state. See N.Y. Real Property Law 444-B
2. Every home inspector shall display his or her license number and status as a licensed home inspector on every home inspection report and in all advertising. Upon request of any client or interested party to a real estate transaction, every home inspector shall provide such proof of licensure pursuant to this article as shall be issued by the secretary for such purpose.
3. No later than five business days after the completion of a home inspection on behalf of a client, each home inspector shall provide such client with a written report of the findings of such inspection. The home inspection shall clearly identify in the written report which systems and components of the residential building were observed. Every such written report and the information contained therein shall be deemed confidential and shall not be disclosed without the express consent of the client; provided, however, that department representatives, conducting an investigation or other official business for the purpose of enforcing this article, shall have access to such reports and the information contained therein.
4. No home inspector shall:
(a) 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, or partner thereof shall have prepared a home inspection report prior to the close of escrow. This paragraph shall not include repairs to components and systems not included in the standards of practice adopted pursuant to this article;
(b) inspect any residential building in which such inspector, partner or relative thereof has a financial interest or any interest in the transfer thereof, including the receipt of any commission as an agent;
(c) 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 or partner thereof; or
(d) 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, pre-established or prescribed findings, or the closing of a real estate transaction.
Nothing in this article authorizes a home inspector to practice engineering or architecture.