1. (1) An Oregon certified home inspector shall not:

   1. (a) Engage in dishonest or fraudulent conduct or undertake activities that are injurious to the welfare of the public, which result in injury or damage to another person.
   2. (b) Disclose any information about the results of an inspection without the approval of the client for whom the inspection was undertaken.
   3. (c) Accept compensation or any other consideration from more than one interested party for the same service without the consent of all interested parties.
   4. (d) 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. This paragraph is not intended to prohibit any discount, credit or add-on service made directly to an inspector’s client.
   5. (e) Accept financial or other consideration, such as material or equipment, from suppliers for suggesting the use of, or promoting a specific product in the course of performing an inspection.
   6. (f) Accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.
   7. (g) Inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property.
   8. (h) Express, within the context of an inspection, an appraisal or opinion of the market value of the inspected property.
   9. (i) Allow his or her interest in any business to affect the quality or results of inspection work that the Oregon certified home inspector may be called upon to undertake.
   10. (j) Misrepresent any matters to the public.
2. (2) Opinions expressed by Oregon certified home inspectors shall only be based on their education, experience, and physical evidence observed by the inspector.
3. (3) Before the execution of a contract to undertake a home inspection, an Oregon certified home inspector shall disclose to the client any interest in a business that may affect the client.
4. (4) Nothing in OAR 812-008-0201 shall prohibit a business offering home inspection services from advertising services or for the purpose of recruiting employees and personnel. All such advertisements shall not be misleading or deceptive. A business shall not advertise home inspection services unless the business is properly licensed.

Statutory/Other Authority

ORS 670.310, 701.235, 701.350 & 701.355

Statutes/Other Implemented

ORS 701.350 & 701.355

History

CCB 14-2008, f. 6-30-08, cert. ef. 7-1-08
Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06
CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02
CCB 6-2001, f. & cert. ef. 9-27-01
CCB 9-2000, f. & cert. ef. 8-24-00
CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00
CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00
CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
CCB 1-1998, f. & cert. ef. 2-6-98