If you suspect that a home inspector makes repair or work or remediation recommendations with the goal of financially benefiting the home inspector or another person via repair/work payments or via financial interests in organizations/persons that receive payment for repair/work payments:
FILE A COMPLAINT AT LLR AND THE HOME INSPECTOR ASSOCIATION.
LLR RESIDENTIAL BUILDERS COMMISSION
Tel: (803) 896-4696
110 Centerview Dr, Columbia SC
Administrator: Janet Baumberger
Board Staff: Allison Baker
Board Staff: Bonny Sweat
Board Staff: Mercedes Wade
Board Staff: Rachel Gethers
Board Staff: Mary Heyde
Board Staff: Trisha Mueller
SECTION 40-59-580. Denial, suspension, or revocation; civil penalties; hearing; appeal.
(A) The commission may deny, refuse to renew, temporarily suspend, or revoke a license or issue a civil penalty under this section if the licensee or applicant for licensure:
(1) makes a false or misleading statement in that portion of a written report that deals with professional qualification or in any testimony concerning professional qualifications;
(2) engages in an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit a home inspector or other person or with the intent to substantially injure another person;
(3) engages in an act of fraud, misrepresentation, or deceit in the making of a home inspection;
(4) pays a finder’s fee or a referral fee to a person in connection with an inspection of a residence;
(5) fails or refuses without good cause to exercise reasonable diligence in developing a home inspection report, preparing a report, or communicating a report;
(6) accepts a home inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, the conclusions, analysis, or report reached or upon the consequences resulting from the assignment;
(7) performs work or improvement to a residence upon which the home inspector performed a home inspection within the previous twelve months;
(8) employs fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or renewal of a license;
(9) commits an act or acts of malpractice, gross negligence, or incompetence in the performance of home inspections;
(10) practices as a licensed home inspector without a current license;
(11) engages in conduct that could result in harm or injury to the public;
(12) engages in an act or practice violative of any of the provisions of this article or a regulation promulgated by the commission under this article or aids, abets, or assists a person in such violation.
(B) The commission may impose a civil penalty for violations of any provision of this article or a regulation promulgated by the commission, as follows:
(1) for a first violation, a penalty in an amount not to exceed one hundred dollars;
(2) for a second violation, a penalty in an amount not to exceed two hundred dollars; and
(3) for a third and any subsequent violation, a penalty in an amount not to exceed one thousand dollars.
Civil penalties collected by the commission must be remitted to the State Treasurer for deposit in the state’s general fund.
(C) The denial, refusal to renew, temporary suspension, or revocation of a license or the issuance of a civil penalty under this section may be ordered by a decision of a majority of the commission after a hearing held in accordance with Article 3, Chapter 23 of Title 1, the Administrative Procedures Act. A decision of the commission to deny, refuse to renew, temporarily suspend, or revoke a license or impose a civil penalty is subject to review by an administrative law judge as provided under Article 5, Chapter 23 of Title 1.
Code of Ethics
Integrity, honesty, and objectivity are fundamental principles embodied by this Code, which sets forth obligations of ethical conduct for the home inspection profession. The Membership of ASHI has adopted this Code to provide high ethical standards to safeguard the public and the profession.
Inspectors shall comply with this Code, shall avoid association with any enterprise whose practices violate this Code, and shall strive to uphold, maintain, and improve the integrity, reputation, and practice of the home inspection profession.
- Inspectors shall avoid conflicts of interest or activities that compromise, or appear to compromise, professional independence, objectivity, or inspection integrity.
- Inspectors shall not inspect properties for compensation in which they have, or expect to have, a financial interest.
- Inspectors shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property.
- Inspectors shall not directly or indirectly compensate realty agents, or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers, or similar arrangements.
- Inspectors shall not receive compensation for an inspection from more than one party unless agreed to by the client(s).
- Inspectors shall not accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.
- Inspectors shall not repair, replace, or upgrade, for compensation, systems or components covered by ASHI Standards of Practice, for one year after the inspection.
- Inspectors shall act in good faith toward each client and other interested parties.
- Inspectors shall perform services and express opinions based on genuine conviction and only within their areas of education, training, or experience.
- Inspectors shall be objective in their reporting and not knowingly understate or overstate the significance of reported conditions.
- Inspectors shall not disclose inspection results or client information without client approval. Inspectors, at their discretion, may disclose observed immediate safety hazards to occupants exposed to such hazards, when feasible.
- Inspectors shall avoid activities that may harm the public, discredit themselves, or reduce public confidence in the profession.
- Advertising, marketing, and promotion of inspectors’ services or qualifications shall not be fraudulent, false, deceptive, or misleading.
- Inspectors shall report substantive and willful violations of this Code to the Society.
Download Code of Ethics
ASHI’s Code of Ethics is available for download in PDF format.
Download ASHI’s Code of Ethics
Posted by: Byron King on 6/09/21 (This information is only accurate as of 6/09/21. You must contact SCR for updates and changes to this information after 6/09/21 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)