Wisconsin Statutes 440.975 – Standards of practice
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Terms Used In Wisconsin Statutes 440.975
- Contract: A legal written agreement that becomes binding when signed.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
(1) In this section, “reasonably competent and diligent inspection” means an inspection that complies with the standards established under this subchapter or the rules promulgated under this subchapter.
(2) A home inspector shall perform a reasonably competent and diligent inspection to detect observable conditions of an improvement to residential real property. Except for removing an access panel that is normally removed by an occupant of residential real property, this subsection does not require a home inspector to disassemble any component of an improvement to residential real property. A reasonably competent and diligent inspection under this subsection is not required to be technically exhaustive.
(3) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following:
(a) Lists the components of an improvement to residential real property that the home inspector is required to inspect under the rules promulgated under s. 440.974 (1) (b).
(b) Lists the components of an improvement to residential real property that the home inspector has inspected.
(bm) States the property address, the name of the home inspector who conducted the home inspection, the date of the home inspection, the names of the individuals who prepared the report, the date the report was prepared, and, if applicable, the date the report was revised.
(cm) Describes any defect that is detected by the home inspector during his or her home inspection. A home inspector shall use the term “defect” in describing a condition in the written report required under this subsection if the home inspector believes the condition satisfies the definition of “defect” under s. 440.97 (2m).
(cr)
1. Includes a summary page that includes at least all of the following:
a. A list of conditions, labeled as defects, that are observed under par. (cm) to be defects, as defined in s. 440.97 (2m).
b. Other than items labeled as defects, a listing of components needing repairs, components needing further evaluation, items to monitor, and maintenance items.
2. The summary page shall include references to the page, heading, or item number in the detailed account for further information.
3. The summary page shall include all of the following statements:
NOTE: This summary page is provided for convenience and is not a substitute for reading the entire report and should not be relied upon as the complete list for the client’s reference.
For the purposes of the report, “defect,” as defined in section 440.97 (2m), Wis. Stats., means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector’s judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement. The contract of sale may define “defect” to also include a condition that would have a significant adverse effect on the value of the property, but such a condition may not be labeled a defect in the report unless it meets the definition in section 440.97 (2m), Wis. Stats.
NOTE: A home inspector may not report on the market value or marketability of a property or whether a property should or should not be purchased.
(d) Provides any other information that the home inspector is required to provide under the rules promulgated under s. 440.974 (1) (c).
(4) A home inspector is not required to report on any of the following:
(a) The life expectancy of an improvement to residential real property or a component of an improvement to residential real property.
(b) The cause of the need for any major repair to an improvement to residential real property or a component of an improvement to residential real property.
(c) The method of making any repair or correction, the materials needed for any repair or correction or the cost of any repair or correction.
(d) The suitability for any specialized use of an improvement to residential real property.
(e) Whether an improvement to residential real property or a component of an improvement to residential real property complies with applicable regulatory requirements.
(f) The condition of any component of an improvement to residential real property that the home inspector was not required to inspect under the rules promulgated under s. 440.974 (1) (b).
(5) A home inspector may not report, either in writing or verbally, on any of the following:
(a) The market value or marketability of a property.
(b) Whether a property should or should not be purchased.
(6) This section does not require a home inspector to do any of the following:
(a) Offer a warranty or guarantee of any kind.
(b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property.
(c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.
(d) Operate any component of an improvement to residential real property that is inoperable.
(e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.
(f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.
(g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.
(h) Predict future conditions, including the failure of a component of an improvement to residential real property.
(i) Project or estimate the operating costs of a component of an improvement to residential real property.
(j) Evaluate acoustic characteristics of a component of an improvement to residential real property.
(k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms.
(L) Inspect cosmetic items, underground items or items not permanently installed.
(m) Inspect for the presence of any hazardous substances.
(7) A home inspector may not do any of the following:
(a) Perform or offer to perform any act or service contrary to law.
(b) Deliver a home inspection report to any person other than the client without the client’s consent.
(c) Perform a home inspection for a client with respect to a transaction if the home inspector, a member of the home inspector’s immediate family or an organization or business entity in which the home inspector has an interest, is a party to the transaction and has an interest that is adverse to that of the client, unless the home inspector obtains the written consent of the client.
(d) Accept any compensation from more than one party to a transaction for which the home inspector has provided home inspection services without the written consent of all of the parties to the transaction.
(e) Pay or receive, directly or indirectly, in full or in part, for a home inspection or for the performance of any construction, repairs, maintenance or improvements regarding improvements to residential real property that is inspected by him or her, a fee, a commission, or compensation as a referral or finder’s fee, to or from any person who is not a home inspector.
(8) This section does not prohibit a home inspector from doing any of the following:
(a) Reporting observations or conditions in addition to those required under this section or the rules promulgated under this section.
(b) Excluding a component of an improvement to residential real property from the inspection, if requested to do so by his or her client.
(c) Engaging in an activity that requires an occupation credential if he or she holds the necessary credential.