2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 655
January 28, 2020 - Offered by Representative Brooks.
42. Page 6, line 20
: after “subsection" insert “if the home inspector believes the
5condition satisfies the definition of defect under s. 440.97 (2m)
(cr) 1. Includes a summary page that includes at least all of the 9
a. A list of conditions, labeled as defects, that are observed under par. (cm) to 11
be defects, as defined in s. 440.97 (2m).
b. A listing of components needing repairs, components needing further 13
evaluation, items to monitor, and maintenance items.
2. The summary page shall include references to the page, heading, or item 2
number in the detailed account for further information.
3. The summary page shall include all of the following statements:
NOTE: This summary page is provided for convenience and is not a substitute 5
for reading the entire report and should not be relied upon as the complete list for 6
the client's reference.
For the purposes of the report, “defect,” as defined in section 440.97 (2m), Wis. 8
Stats., means a condition of any component of an improvement that would 9
significantly impair the health or safety of future occupants of a property or that, if 10
not repaired, removed, or replaced, would significantly shorten or adversely affect 11
the expected normal life of the component of the improvement. The contract of sale 12
may define “defect” to also include a condition that would have a significant adverse 13
effect on the value of the property, but such a condition may not be labeled a defect 14
in the report unless it meets the definition in section 440.97 (2m), Wis. Stats.
NOTE: A home inspector may not report on the market value or marketability 16
of a property or whether a property should or should not be purchased.”.
In requiring a home inspector, under s. 440.975 (3) (cm), to describe a 19
defect, as defined in s. 440.97 (2m), by using the term “defect” in a home inspection 20
consistent with the definition under s. 440.97 (2m), the legislature does not intend 21
to modify the liability of a home inspector in any action relating to a home inspection 22
conducted by the home inspector.”.
The treatment of s. 440.975 (3) (bm), (cm), and (cr) first applies to home 2
inspection reports submitted to a client on the effective date of this subsection.”.
37. Page 9, line 1
: delete the material beginning with “takes" and ending with 4
“2020" on line 2 and substitute “and Section
28 (2) of this act take effect on January 5