Massachusett's home inspector licensing law took effect in May 2001and requires
real estate agents to present the “Facts
for Consumers” information sheet to buyers prior to writing up an offer
for presentation to the seller or listing broker. It should be understood that
the “list” of home inspectors to be made available to consumers
is the list produced by the state Division of Professional Licensure and is
accessible via the link http://www.state.ma.us/reg/boards//hi/index.htm.
REALTORS® should be aware that distribution of the home inspector
fact sheet to a buyer does not automatically provide them with a contingency
for a home inspection. Contingencies for items such as financing and a home
inspection must be agreed to by the parties and should be incorporated into
their written agreements.
The Board of Registration of Home Inspectors is charged with evaluating the
qualifications of applicants and granting licensure to those who qualify. It
establishes rules and regulations to ensure the integrity and competence of
licensees. The Board protects the public health and welfare through regulation
of the profession in accordance with the state statutes and board regulations.
The Board is responsible for insuring that licensed home inspectors have
proper training and experience through an education program and meet minimum
inspection requirements in each inspection performed. Applicants are required
to pass a board approved examination prior to licensure and fulfill continuing
education requirements for license renewal.
The Board publishes a Standards of Practice and Code of Ethics for home inspectors.
A standard home inspection is a visual examination of the physical structure
and major interior systems of a residential building consisting of one to four
dwelling units. An inspection can be likened to a physical exam by a physician;
however, it should be clearly understood that a home inspection is not to be
confused with an appraisal, a building code inspection, a guarantee of any
kind, and/or an insurance policy on the condition of the property.
During an inspection, the inspector will review the readily accessible exposed
portions of the structure of the home, including the roof, the attic, walls,
ceilings, floors, windows, doors, basement, and foundation as well as the heating/air
conditioning systems, interior plumbing and electrical systems for potential
problems.
Home inspections are not intended to point out every small problem or any
invisible or latent defect in a home. Most minor or cosmetic flaws, for example,
should be apparent to the buyer without the aid of a professional.
Timing of the Home Inspection
A home inspector is typically hired by a potential homebuyer right after the
offer to purchase contract is signed, prior to executing the final purchase
and sales agreement. However, before the potential buyer signs the offer to
purchase contract, he/she should be sure that there is an inspection clause
in the contract making the purchase obligation contingent upon the findings
of a professional home inspection. This clause should specify the terms to
which both the buyer and seller are obligated.
Selecting a Home Inspector
Good referral sources for home inspection services are friends, neighbors,
or business acquaintances who have been satisfied with a home inspector. In
addition, lawyers and mortgage brokers may also recommend a home inspector.
The names of local inspectors can be found by searching the Division of Professional
Licensure website at www.mass.gov/reg/boards/hi, or in the Yellow Pages where
many advertise under "Building Inspection Service" or "Home
Inspection Service."
Real estate brokers and salesmen may not directly recommend a specific home
inspection company or home inspector unless representing the buyer as a buyer's
broker. Brokers, however, may provide assistance to buyers in accessing information
on licensed home inspectors.
A current home owner may also want to get a home inspection to identify any
problems, especially if the owner plans to sell the home in the near future.
Following are additional tips when searching for a home inspector:
As of May 2001, home inspectors are required to be licensed in the Commonwealth
of Massachusetts. A home inspector's license should be verified prior to
hiring. Consumers should not be confused by home inspector "certifications" offered
by, or sold by home inspection trade societies or companies, obtained via
home study courses, or provided by home inspection companies that certify
their own home inspectors. Since the home inspection business is unregulated
in most states, certifications are available to anyone. A home inspector's
license can be verified with the Board of Registration of Home Inspectors
at its website or by calling the Board at (617) 727- 4459.
The home inspection company that is retained should welcome the potential
buyer's presence at the home inspection. The home inspector should be willing
to address all of the buyer's questions and provide a full verbal and written
report.
Those hiring an inspector should expect an open door policy from the home
inspection company to be able to ask questions about the content of the
home inspection report in the future.
During the Home Inspection
While not necessary, it is recommended that the buyer be present for the inspection.
This allows the buyer to observe the inspector, ask questions directly, and
obtain a better understanding of the condition of the home, how its systems
work, and how to maintain it. The written report may be easier to understand
if the buyer was present during the inspection.
It is important that safe access and sufficient lighting is provided so that
the inspector can inspect the property.
Inspectors must provide a written evaluation report based on the standards
of compliance in accordance with Massachusetts General Laws Chapter 146.
At the conclusion of the home inspection, the buyer should be well informed
of the condition of the home. It should be known if there are visible, apparent
problems, if repairs need to be made, or whether or not there are any risks
of concealed damage, and whether further investigation is recommended and/or
required. Other Inspections and Tests to Consider
It is strongly recommended that potential buyers consider having the following
inspections and/or tests performed prior to signing the final purchase agreement:
lead paint, pests, wood destroying insects, including termites, and air quality
including radon gas. While some home inspectors are qualified to offer these
services, these inspections and tests are not part of the basic home inspection
and should be contracted through qualified licensed professionals in those
fields. It should also be noted that the seller is required, under 105 CMR
651.010, to provide the potential buyer with an affidavit disclosing the presence
of Urea Formaldehyde Insulation if it exists. In addition, the seller under
105 CMR 460.750(A) shall disclose if the property has been inspected for lead
paint and provide copies of any lead paint reports concerning the residential
permises or any dwelling unit therein.
Filing a Complaint
While most licensees conduct themselves as true professionals, the Division
of Professional Licensure will take action against those licensees who fail
to maintain acceptable standards of competence and integrity. In some cases,
complaints are made by dissatisfied consumers, however, dissatisfaction alone
is not proof of incompetence or sufficient grounds for disciplinary action.
If you have a serious complaint about a home inspector, call or write the
Division's Office of Investigations and ask for a complaint form. The Division's
Office of Investigations is located at 239 Causeway Street, Boston, MA 02114.
The phone number is 617-727-7406. A copy of the complaint form can also be
downloaded from the Division's website (www.mass.gov/reg/).
Berkshire County Board of Realtors® -
99 West Street, Suite 200 Pittsfield, MA 01201-5845 413-442-8049 Sandra
J. Carroll, Chief Executive Officer - Sue
O'Brien, Member Services Administrator- Stacy Buhl, Office Clerk
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