Home Inspection Regulation The Law

Both Georgia and Alabama have laws governing home inspection. In addition to Georgia’s law, Columbus has enacted its own law. The laws vary greatly. Alabama has the most stringint of the three that govern our area. Most significantly, only Alabama requires inspectors follow a strict Code of Ethics and Standards of Practice. Columbus does not require either of these so the quality of inspections can vary. Before you make your decision ask if the inspector follows a national associations Code of Ethics and Standards of Practice and if they offer a 100% Satisfaction Guarantee.

Make sure that you at least hire a home inspector that is in compliance with the laws in your area. Ask to see their license.

Alabama Licensure (Act 2002-517) Requires individuals performing home inspections to become licensed by the Alabama Building Commission . The Alabama Standards of Practice and Code of Ethics (see Home Inspectors Rules and Applications) is adopted from the ASHI Standards of Practice and Code of Ethics. The Alabama Building Commission gratefully acknowledges ASHI's consent. The Building Commission adopted the National Home Inspection Examination to assess minimum competence. The bill also outlines educational and experiential requirements to become licensed, sets license fees and insurance requirements, and defines penalties under which licensure may be suspended or revoked. This law replaces Act 96-574 . For more information or a copy of the statute contact the Alabama Building Commission, (334) 242-4802, (334) 242-4182 fax, email buildcom@bc.state.al.us.

Columbus Muscogee County and Columbus, requires home inspectors to be licensed by the City of Columbus. The City requires a home inspector hold membership in one of five home inspection assoications, and provide letters from financial institutions and builders, architects, etc. The City also requires General Liability Insurance, but does not currently require Errors and Omissions Insurance.

Georgia Trade practice act (Chapter 3, Title 8) enacted in 1994 Georgia law requires home inspectors to provide written documents containing certain information with regard to inspections. This written document must include the scope of the inspection, including the structural elements and systems to be inspected, that the inspection is a visual inspection, and that the home inspector will notify, in writing, the person on whose behalf such inspection is being made of any defects noted during the inspection.

NOTE: The Georgia Assembly has recently moved to regulate inspectors beyond the items above. This should be signed into law no later then years end. It will be similar to Alabama's law.

Yes Georgia Realtors have a new contract that has eliminated the inspection contingency clause. It is now a due diligence period for inspections, etc. What I have seen since this change has been an increase in the time frame for the inspections, 10-14 days. However I belive this has also increased because of the market conditions and a desire on the part of the sellers to help make the deal go through.

On the inspection end of things I have seen just how important the way in which an inspector conveys their findings can be. With the due diligence the buyer can back out of the contract for ANY reason regardless of how the inspections go. So I find it important to remind buyers that no home is perfect, that even new homes have issues and that everything has an solution. The purchase of a home is very emotional. There is a lot of money involved and peoples  lives are in transition. Besides providing buyers with a detailed report on the present condition of the home that they are buying, I believe that inspectors need to be "professional comforters". I know of many "deals" that get complicated by the buyer or seller of silly things and sometimes the deal falls through. So I try to help bring peoples expectations down to Earth. 

UNDERSTANDING YOUR INSPECTION OPTIONS

Pre-Listing (Seller's) Inspections
This type of inspection is usually performed by a seller before a property is listed or announced for sale. The property owner will perform a Pre-listing Seller's Inspection to determine what damage or other problems exist with a property to avoid any last-minute objections from potential buyers. Pre-listing seller's Inspections can help sellers to identify problems that need to be fixed in order to maintain a higher resale value on the property and to make the property a more attractive investment.

Pre-Purchase (Buyer's) Inspections
This type of inspection is usually performed after a property has been put on the market (i.e., listed) by a seller but before a potential buyer has taken possession of the property prior to the closing contract. The buyer will usually sign a contingency agreement with the seller prior to ordering this type of inspection. If a property fails to meet the buyer's expectations as a result of the inspection, then the sale may fall through. In many cases, a Buyer's Inspection will help both the buyer and the seller to identify damage or other problems that may exist with a property so that both parties can either renegotiate the selling price or the seller's responsibilities to repair the property at the seller's expense prior to the final close. Even if the seller has already performed a Seller's Inspection, buyers should still perform their own inspections to prevent "seller's bias" in any shape or form.

Warranty Inspections
This type of inspection is performed prior to the expiration of your home warranty. It is used to take advantage of the features and benefits of your home warranty to assure that necessary repairs guaranteed under your warranty are executed should a damage or problems be discovered.

New Construction (Builder) Inspections
This type of inspection is usually performed immediately after your new home has been built and is considered "ready" for occupancy by the builder and appropriate authorities (such as a zoning or code inspector). This type of inspection can also help you to assure that your home is up to code and safe to occupy. More importantly, the inspector can help you to identify problems that should be fixed by the builder before you take possession of the property or before moving in.

Periodic Maintenance Inspections
This type of inspection is performed every two years (or so) to assure that the property is still safe to occupy, that no major structures or systems are damaged {in accordance with the inspector's Standards of Practice}, and that your investment is not losing value do to hidden damage. Periodic Maintenance Inspections are necessary to assure the integrity of your structure in-between storms and droughts, to identify possible indoor pollutants (such as radon, CO, CO2, mold), to check the building's integrity that may compromised by cracked beams or foundations, to visually inspect for wood-destroying insects, and more. Any these situations can contribute to decreased home and property values or pose a physical risk to your family if not identified in time.

Pre-Renovation Inspections
This type of inspection is performed prior to engaging in any renovations of a property. Pre-renovation Inspections help you to assess potential problems that may affect the cost or ease of planned renovations.

Investigative Inspections
This type of inspection is most-often used when a homeowner feels that a problem may exist. For example, you may want to engage in an Investigative Inspection after a hurricane or tornado, if you experience and odd smell in your home that cannot be identified, or if you notice unusual pest and insect activity. In many cases, Investigative Inspections can help homeowners to catch problems before they become an expensive or irreversible liability.