I 

112TH CONGRESS 

1ST SESSION H. R. 2191 

To require that any home inspection conducted in connection with a purchase 

of residential real property that involves a federally related mortgage 

loan be conducted by a State-licensed or State-certified home inspector 

to determine the existence of structural, mechanical, and electrical safety 

defects, and to require inclusion in the standard settlement statement 

of information regarding any home inspection conducted in connection 

with settlement. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2011 

Mr. CLAY (for himself, Mr. LYNCH, Mr. CONNOLLY of Virginia, Mr. DAVIS

of Illinois, Mr. BRALEY of Iowa, Mr. CLARKE of Michigan, Ms. JACKSON

LEE of Texas, Mr. THOMPSON of Mississippi, Mr. RICHMOND, Mr. CARSON of Indiana, Ms. BASS of California, Mr. PAYNE, Mr. FATTAH, Mr. 

RUSH, Mr. HASTINGS of Florida, Mr. CLEAVER, Mr. BUTTERFIELD, Ms. 

LEE of California, and Ms. WILSON of Florida) introduced the following 

bill; which was referred to the Committee on Financial Services 

A BILL 

To require that any home inspection conducted in connection 

with a purchase of residential real property that involves 

a federally related mortgage loan be conducted by a 

State-licensed or State-certified home inspector to determine the existence of structural, mechanical, and electrical safety defects, and to require inclusion in the 

standard settlement statement of information regarding 

any home inspection conducted in connection with settlement. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2191 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Home Inspection Act 

5 of 2011’’. 

6 SEC. 2. HOME INSPECTION REQUIREMENT. 

7 (a) REQUIREMENT.—The Bureau of Consumer Fi8 nancial Protection of the Federal Reserve System, shall 

9 prescribe regulations to prohibit any lender from making 

10 any federally related mortgage loan (as such term is de11 fined in section 3 of the Real Estate Settlement Proce12 dures Act of 1974 (12 U.S.C. 2602)) under which a home 

13 inspection is conducted in connection with settlement of 

14 the mortgage loan unless such inspection is conducted by 

15 a home inspector who is licensed, certified, approved, or 

16 otherwise regulated by the home State of the inspector or 

17 the State in which the real property is located. 

18 (b) ENFORCEMENT.—Compliance with the require19 ments imposed pursuant to subsection (a) of this section 

20 shall be enforced in the same manner as provided under 

21 section 108 of the Truth in Lending Act (15 U.S.C. 1607) 

22 for enforcement of the requirements under such Act. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 2191 IH

1 SEC. 3. INCLUSION OF HOME INSPECTION INFORMATION IN 

2 SETTLEMENT FORM. 

3 Effective on the designated transfer date under sec4 tion 1062 of the Dodd-Frank Wall Street Reform and 

5 Consumer Protection Act (Public Law 111–203; 124 Stat. 

6 2039), subsection (a) of section 4 of the Real Estate Set7 tlement Procedures Act of 1974 (12 U.S.C. 2603(a)), as 

8 amended by section 1098(2) of the Dodd-Frank Wall 

9 Street Reform and Consumer Protection Act (124 Stat. 

10 2103), is further amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The Bureau shall include in the forms an item 

15 for identifying any home inspection conducted in connec16 tion with the settlement, when such inspection was or is 

17 to be completed, the cost of the inspection, whether the 

18 charge for such inspection is imposed on the borrower or 

19 the seller, and whether such charge has been paid before 

20 settlement and a copy of the receipt of payment for the 

21 inspection is included with the settlement documents. 

22 Such item shall be included in the forms at the place 

23 where items relating to additional settlement charges 

24 (such as pest inspection charges) are located.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS