Kentucky Administrative Regulations › Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY › Chapter 2 - Kentucky Board of Home Inspectors › Section 831 KAR 2:030 - Standards of conduct, complaints, and discipline

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 198B.706, 198B.712, 198B.722, 198B.728,
				198B.730, 411.270-411.282
NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(15) requires
				the Kentucky Board of Home Inspectors, with the approval of the executive
				director of the Kentucky Real Estate Authority, to promulgate administrative
				regulations to carry out the effective administration and requirements of KRS 198B.700 to 198B.738. KRS 198B.706(13) authorizes the board to establish
				standards of practice for home inspectors. KRS 198B.706(1) requires the board
				to determine the requirements for and prescribe the form of documents required
				by KRS 198B.700 to 198B.738. KRS 198B.706(4) requires the board to investigate,
				and take action if appropriate, complaints concerning licensees, or persons the
				board has reason to believe should be licensees, including complaints
				concerning failure to comply with KRS Chapter 198B or 831 KAR Chapter 2. KRS 198B.728 requires the board to take disciplinary actions against or impose
				sanctions on a licensee for failing to comply with any provision of KRS 198B.700 to 198B.738 or administrative regulations promulgated thereunder. KRS 198B.730(1) requires the board to schedule and conduct an administrative
				hearing in accordance with the provisions of KRS Chapter 13B. KRS 411.272(2)
				requires KRS 411.270 to 411.282 to prevail over any conflicting law otherwise
				applicable to any action, claim or cause of action against a home inspector,
				with specified exceptions. This administrative regulation establishes standards
				of conduct for home inspectors, standards for advertising by home inspectors,
				and the process for filing and investigating complaints. This administrative
				regulation also establishes supplemental administrative hearing procedures for
				matters before the board and the required forms for a complaint or
				answer.
Section 1. Standards of
			 Conduct. A licensed home inspector or an entity under which the inspector
			 conducts business shall:
(1) Act as an
			 unbiased third party to the real estate transaction;
(2) Discharge the duties of a home inspector
			 with integrity and fidelity to the client;
(3) Only express an opinion on any aspect of
			 the inspected property if that opinion is based upon the experience, training,
			 education, and professional opinion of the inspector;
(4) Provide a written disclosure to the
			 client of any interest the inspector maintains in the transaction and advise
			 the client to obtain competitive bids before products or additional services
			 are offered by the licensee including:
(a)
			 Products or additional services to be purchased from or provided by the
			 inspector, his or her agents, or employees;
(b) Products or additional services to be
			 purchased from or provided by any entity, organization, or venture in which the
			 inspector has an interest; or
(c)
			 Products or additional services to be purchased that will result in any
			 additional compensation or benefit to the inspector, financial or
			 otherwise;
(5) Provide
			 the license number, following the licensee's signature, on any document signed
			 by the home inspector pertaining to the home inspection; and
(6) Report a conviction, plea of guilty, or
			 an "Alford" plea to any felony or a misdemeanor involving sexual misconduct,
			 theft, attempted sexual misconduct, or attempted theft to the board within
			 thirty (30) days.