AB334-ASA1,9,1615
(c) Engaging in an activity that requires an occupation credential if he or she
16holds the necessary credential.
AB334-ASA1,9,21
17440.976 Disclaimers or limitation of liability. No home inspector may
18include, as a term or condition in an agreement to conduct a home inspection, any
19provision that disclaims the liability, or limits the amount of damages for liability,
20of the home inspector for his or her failure to comply with the standards of practice
21prescribed in this subchapter or in rules promulgated under this subchapter.
AB334-ASA1,9,24
22440.977 Liability of home inspectors. (1) Notwithstanding s. 893.54, an
23action to recover damages for any act or omission of a home inspector relating to a
24home inspection that he or she conducts shall be commenced within 2 years after the
1date that a home inspection is completed or be barred. The period of limitation under
2this subsection may not be reduced by agreement.
AB334-ASA1,10,5
3(2) A home inspector is not liable to a person for damages that arise from an
4act or omission relating to a home inspection that he or she conducts if that person
5is not a party to the transaction for which the home inspection is conducted.
AB334-ASA1,10,9
6440.978 Discipline; prohibited acts. (1) Subject to the rules promulgated
7under s. 440.03 (1), the department may make investigations or conduct hearings to
8determine whether a violation of this subchapter or any rule promulgated under this
9subchapter has occurred.
AB334-ASA1,10,13
10(2) Subject to the rules promulgated under s. 440.03 (1), the department may
11reprimand a home inspector or deny, limit, suspend or revoke a certificate under this
12subchapter if the department finds that the applicant or home inspector has done
13any of the following:
AB334-ASA1,10,1514
(a) Made a material misstatement in an application for a certificate or renewal
15of a certificate.
AB334-ASA1,10,1716
(b) Engaged in conduct while practicing as a home inspector that evidences a
17lack of knowledge or ability to apply professional principles or skills.
AB334-ASA1,10,1918
(c) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an
19offense committed while registered under this subchapter.
AB334-ASA1,10,2020
(d) Advertised in a manner that is false, deceptive or misleading.
AB334-ASA1,10,2221
(e) Advertised, practiced or attempted to practice as a home inspector under
22another person's name.
AB334-ASA1,10,2423
(f) Allowed his or her name to be used by another person while the other person
24was practicing or attempting to practice as a home inspector.
AB334-ASA1,11,2
1(g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a home inspector
2while the individual's ability to practice was impaired by alcohol or other drugs.
AB334-ASA1,11,43
(h) Acted as a home inspector in connection with a transaction in which he or
4she was also an appraiser or broker.
AB334-ASA1,11,85
(i) Performed, or agreed to perform, for compensation any repairs, maintenance
6or improvements on any property less than 2 years after he or she conducts a home
7inspection, without the written consent of the property owner given before the home
8inspection occurred.
AB334-ASA1,11,119
(j) Prevented or attempted to prevent a client from providing a copy of, or any
10information from, a home inspection report done by the home inspector in connection
11with a transaction to any interested party to the transaction.
AB334-ASA1,11,1412
(k) Failed to provide a home inspection report to a client by the date agreed on
13by the home inspector and the client or, if no date was agreed on, within a reasonable
14time after completing the inspection.
AB334-ASA1,11,1515
(m) Violated this subchapter or any rule promulgated under this subchapter.
AB334-ASA1,11,18
16(3) In addition to or in lieu of proceeding under sub. (2), the department may
17assess against a person who has engaged in any of the practices specified in sub. (2)
18a forfeiture of not more than $1,000 for each separate offense.
AB334-ASA1,11,24
19(4) In lieu of proceeding under sub. (1) or (2), the department may place, in a
20registry information file, a copy of a complaint received by the department against
21a Wisconsin registered home inspector, the inspector's response to the complaint and
22a copy of any records of the department concerning the complaint. If the department
23establishes a registry information file under this subsection, the department shall
24use the following procedure:
AB334-ASA1,12,5
1(a) No later than 60 days after the date on which the department receives a
2complaint alleging that a home inspector has engaged in conduct that is grounds for
3discipline under sub. (2), the department shall provide the inspector with a copy of
4the complaint and place a copy of the complaint and a copy of any records of the
5department concerning the complaint in the registry information file.
AB334-ASA1,12,106
(b) After receiving a copy of the complaint under par. (a), the home inspector
7who is the subject of the complaint, or his or her authorized representative, may place
8in the registry information file a statement of reasonable length describing the
9inspector's view of the correctness or relevance of any of the information contained
10in the complaint.
AB334-ASA1,12,1411
(c) The department shall make the complaint, the home inspector's response
12to the complaint, if any, and a copy of any records of the department concerning the
13complaint placed in a registry information file under this subsection available to the
14public.
AB334-ASA1,12,1815
(d) The department shall remove all complaints against and other information
16concerning a home inspector from the registry information file if, for a period of 2
17years from the date of the most recent complaint filed in the registry information file,
18no further complaints have been filed against the inspector.
AB334-ASA1,12,21
19(5) The department may, as a condition of removing a limitation on a certificate
20issued under this subchapter or of reinstating a certificate that has been suspended
21or revoked under this subchapter, do any of the following:
AB334-ASA1,12,2422
(a) Require the home inspector to obtain insurance against loss, expense and
23liability resulting from errors and omissions or neglect in the performance of services
24as a home inspector.
AB334-ASA1,13,3
1(b) Require the home inspector to file with the department a bond that is
2furnished by a company authorized to do business in this state and is in an amount
3approved by the department.
AB334-ASA1,13,5
4440.999 Report by department. The department shall submit an annual
5report to the legislature under s. 13.172 (2) that describes all of the following:
AB334-ASA1,13,6
6(1) The number of home inspectors who are registered under this subchapter.
AB334-ASA1,13,8
7(2) The number and nature of complaints regarding home inspections that are
8received by the department from clients of home inspectors.
AB334-ASA1,13,10
9(3) The number and nature of complaints regarding home inspections that are
10received by the department from persons who are not clients of home inspectors.
AB334-ASA1,13,12
11(4) An estimate of the cost of complying with this subchapter that is incurred
12by home inspectors.
AB334-ASA1,13,14
13(5) The cost incurred by the department in carrying out its duties under this
14subchapter.
AB334-ASA1,13,2516
(1) Before the first day of the 7th month beginning after the effective date of
17this subsection, the department of regulation and licensing may promulgate rules
18under section 440.974 of the statutes, as created by this act, as emergency rules
19under section 227.24 of the statutes for the period before permanent rules take effect,
20but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the
21statutes, if the department of regulation and licensing determines that the use of the
22procedure under section 227.24 of the statutes is necessary or is in the best interests
23of the public. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the
24department of regulation and licensing is not required to make a finding of
25emergency.
AB334-ASA1,14,7
1(2) The secretary of regulation and licensing shall establish a committee under
2section 15.04 (1) (c) of the statutes to advise the department of regulation and
3licensing in promulgating rules under section 440.974 (1) of the statutes, as created
4by this act, an the emergency rules under subsection (3
). The committee shall consist
5of 6 home inspectors and 3 public members. The secretary of regulation and
6licensing, or a person designated by the secretary, shall serve as the nonvoting
7chairperson of the committee.
AB334-ASA1, s. 4
8Section
4.
Effective dates. This act takes effect on the first day of the 7th
month beginning after publication, except as follows:
AB334-ASA1,14,99
(1)
Section 3 of this act takes effect on the day after publication.