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A blog with answers
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HOME INSPECTION
and HOME MAINTENANCE

    Here are several of them, as listed in Florida Statute 468.8319, Prohibitions - Penalties, (1) (f thru i):

(f) Perform or offer to perform any repairs to a home on which the inspector or the inspector’s company has prepared a home inspection report. This paragraph does not apply to a home warranty company that is affiliated with or retains a home inspector to perform repairs pursuant to a claim made under a home warranty contract.

(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest.

(h) Offer or deliver any compensation, inducement, or reward to any broker or agent therefor for the referral of the owner of the inspected property to the inspector or the inspection company.

  1. (i)    Accept an engagement to make an omission or prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, pre-established findings, or the close of escrow.

    The first ethical prohibition in the statute, that an inspector cannot also offer to do any recommended repairs, was intended to eliminate the potential for an inspector to exaggerate the number and severity of defects during a home inspection in order to inflate the repair income later. Contractors doing home inspections are not bound by this restriction.

    The CILB ruling also did not require that a contractor doing home inspections maintain $300,000 in liability insurance specific to home inspection risks like licensed inspectors, or to comply with the extensive list of components of a home that must be checked as part of a home inspection, as defined by the Standards of Practice for home inspectors in the Florida Administrative Code (61-30.801). To see Florida’s Standards of Practice for home inspectors, go to our blog post “Are there any minimum standards that a Florida licensed home inspector must meet?”

    So, in summary, a Florida-certified contractor can do home inspections, while avoiding the extensive state-mandated ethical and technical requirements of a Florida-licensed home inspector, and their customer will have none of the state-mandated consumer protections—just as long as the contractor “is not holding themself out specifically as a home inspector.”


While we hope you find this series of articles about home inspection helpful, they should not be considered an alternative to an actual home inspection by a local inspector. Also, construction standards vary in different parts of the country and it is possible that important issues related to your area may not be covered here.
© McGarry and Madsen Inspection


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