Contractor
Found To Be Inspecting Without A License
In a September 2007 decision, the Department of State Office
of Administrative Hearings has ordered a central New York contractor
to cease and desist performing home inspections without a license.
According to the DOS web site, buyers hired a contractor that
had done work for them in the past to evaluate a home that they
were attempting to purchase. The contractor provided a one page
report on his findings. The DOS administrative law judge found,
in part, that since the contractor was not there to provide
estimates for work, but rather to evaluate the condition of
the property, he had performed an inspection.
The judge's decision in this case clearly draws a line between
what a contractor may legally do and when he/she crosses over
into home inspecting.
An excerpt from the decision is included below. The entire ruling
can be viewed at: http://www.dos.state.ny.us/ooah/decisions/homeinspector/Neubauer_Josef.htm
"In this case, the respondent was not providing the Coles
with an estimate for repairs or renovations to the property
they were contracting to purchase. The respondent was observing
and assessing several external and internal components of the
property in order to provide the Coles with objective information
about those components. The respondent conducted his inspection
for compensation and provided the Coles with a written report
(which he described as a "home evaluation") identifying
which systems and components of the property he observed along
with his findings. Although
the respondent may have innocently believed he was appearing
for the Coles solely as a contractor, his actions and representations
spoke otherwise. To hold that he was not acting as a home
inspector would permit any contractor to provide occasional
home inspections without being licensed. More importantly,
it would lead to the respondent (and other contractors) not
being held accountable if his inspection was incompetently
or negligently performed. Had the Coles not been satisfied
with the respondent's evaluation or had they purchased the
property based on respondent's assessment and then realized
that respondent had committed errors, they would not have
had any recourse against him.
Clearly, the intent of the Legislature in enacting The Home
Inspection Professional Licensing Act is so that home buyers
such as the Coles are assured that the person they hire to
evaluate and address their concerns about their prospective
new home is a professional, qualified home inspector who will
be held accountable for that inspection. Simply because Patti
Coles knew the respondent from having previously hired him
to do contracting work for her, does not necessarily mean
that he had the necessary background, qualifications and experience
to inspect the property."
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