(xi) a statement that the inspection will be non-invasive unless the parties agree to specified invasive procedures;
(xii) if all or any part of the home inspection is to be subcontracted to another home inspection business, the name and licence number of that home inspection business and a statement, to be initialled by the consumer, indicating that fact.
(a) the home inspection contract is signed by the home inspection business and by the consumer, and
(b) the name of each signatory to the contract is printed legibly beside or below the signature.
(a) limits the liability, or the amount of liability, of the home inspection business or the home inspector for breach of contract or negligence, or
(b) limits the time for making any claim against the home inspection business or home inspector.
(c) addresses the condition of the following features or components of the dwelling, except for those that have been excluded by the home inspection contract under section 19:
(i) roofmg, flashings or chimney;
(ii) exterior, including lot gradings, walkways, driveways, retaining walls, patios and decks;
(vi) heat pumps and cooling;
(ix) interior, and
(d) makes recommendations on any identified deficiencies for each of the features or components referred to in clause
(c) that are included in the inspection, and anything else that is made part of the inspection.
(2) A recommendation to obtain an expert opinion meets the requirements of a recommendation under subsection (1)(d).
Report to be provided to consumer
24 A home inspection business shall provide a copy of the completed home inspection report to the consumer on or before the date set out in the home inspection contract.
Compensation for damage
25 A home inspection business shall compensate the owner or occupant of a dwelling for any damage caused by a home inspection of the dwelling unless
(a) the damage was reasonable and necessary to perform the home inspection, and
(b) the owner of the property consented in writing to the
damage to be caused by the home inspection.
26(1) Neither a home inspection business nor a home inspector shall disclose the contents of a home inspection report, except
(a) with the written permission of the consumer,
(b) as required by law, or
(c) if, in the opinion of the home inspector, there is a serious health or safety risk.
(2) A home inspection business shall not enter into a home inspection contract if the home inspection would result in a conflict of interest for the home inspection business or a home inspector employed or otherwise engaged by the home inspection business.
(3) A conflict of interest under subsection (2) includes a payment from a person other than the person for whom the home inspection report is to be prepared.
(4) A home inspector shall not conduct a home inspection if the home inspection would result in a conflict of interest for the home inspector.
(5) A conflict of interest under subsection (4) includes a payment for a home inspection from a person other than the home inspection business.
(6) Neither a home inspector nor a home inspection business shall provide a consumer with an estimate of the cost of any repair or improvement to a dwelling as a result of a home inspection.
Offences and Unfair Practices
27 A contravention of section 6, 7, 8(4), 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25 or 26 is an offence for the purposes of section 162 of the Act.
28 A contravention of section 18, 19, 20, 21, 22, 23, 24, 25 or 26 is an unfair practice for the purposes of section 5(d) of the Act.
? 13 ?
Expiry and Coming into Force
29 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2016.
Coming into force
30 This Regulation comes into force on September 1, 2011.