Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 70 - Home Inspection Industry Regulations › Subchapter 11 - License Revocation and Suspension and Additional Prohibited Acts › Section 158:70-11-2 - Additional prohibited acts

Current through Vol. 41, No. 20, July 1, 2024
(a) No person,
				entity, or firm may engage in or perform home inspection work without first
				obtaining a license or registration pursuant to these Rules.
(b) No person shall offer to engage in work
				as a home inspector during the period his or her license is suspended or
				revoked.
(c) No employing home
				inspection firm shall employ or use an unlicensed home inspector to perform
				home inspection work.
(d) No
				person, entity, or firm may transfer a license or registration.
(e) No home inspector, licensed pursuant to
				this Chapter, shall enter into an agreement for the use of his or her license
				with any firm or person who is, or has been adjudicated to be, in violation of
				any provision of the Act, or whose license is currently suspended or has within
				the last year been revoked, unless or until otherwise approved by the Board.
(f) No person shall make a
				materially false or fraudulent statement in an application for license or for
				approval of continuing education, engage in cheating, or otherwise commit an
				act in violation of OAC
				158:70-9-2(g).
(g) No person shall falsify or
				fail to disclose in a home inspection report a material defect.
(h) No person shall accept inspection
				assignments when the employment itself is contingent upon reporting a
				predetermined estimate, analysis or opinion.
(i) No person shall accept inspection
				assignments when the fee to be paid is contingent upon the opinion, the
				conclusion, analysis, or report reached, or upon the consequences resulting
				from such assignments.
(j) No
				person shall perform a home inspection upon a home, or any part thereof, where
				the home inspector has solicited or performed any work or repair service
				therein upon a system or component described in Subchapter 1 of this Chapter,
				within the previous thirty (30) days. If the person performing the home
				inspection has performed such work within the previous one-hundred eighty (180)
				days, such prior work must be disclosed to the client.
(k) No person shall solicit or perform work
				or repair services upon a home, or any part thereof, that the home inspector
				has inspected for one (1) year after the date of the inspection.
(l) No person shall knowingly accept
				compensation from more than one client for a single home inspection, unless the
				home inspector has informed all clients who are paying a fee for that home
				inspection that such compensation is sought or anticipated.
(m) Unless upon demand in writing by the
				Board, a law enforcement agency, or by order of a court of competent
				jurisdiction, no person shall disclose the results of a home inspection to any
				person other than the client without the written consent of the client.
(n) No person shall fail to
				disclose to the client any conflict of interest of which the inspector knows or
				should have known that may adversely affect the client. Based upon the
				potentially adverse affect to the home inspector's ability to produce an
				unbiased report, some circumstances or conditions are presumed to adversely
				affect the client and must be disclosed to the client in writing prior to the
				inspection. These include, but are not limited to, the following:
(1) Situations where the payment of
				remuneration or other consideration is made by the home inspector to a third
				party and representing a reward or compensation to the third party for the home
				inspector receiving inspection employment.
(2) Situations where the payment of
				remuneration or other consideration is received by the home inspector from a
				third party and representing a reward or compensation for the home inspector
				recommending services or products to the client or other persons having an
				interest in the property.
(3) In
				those cases where the client is the buyer of real property, situations where
				the home inspector has had some prior connection, relationship or association
				with the seller, his or her assigns or family members related to the seller
				within the second degree.
(4)
				Situations where prior reports or inspections have been made or conducted upon
				any system or component of the real property that the home inspector has agreed
				to inspect.