N.Y. Real Property Law § 444-g: Duty of care of home inspectors

§ 444-g. Duty of care of home inspectors. 1. Every home inspector

shall comply with the provisions of this article, and the rules,

regulations and standards adopted pursuant thereto. The duty of every

home inspector shall be to the client.

2. Every home inspector shall display his or her license number and

status as a licensed home inspector on every home inspection report and

in all advertising. Upon request of any client or interested party to a

real estate transaction, every home inspector shall provide such proof

of licensure pursuant to this article as shall be issued by the

secretary for such purpose.

3. No later than five business days after the completion of a home

inspection on behalf of a client, each home inspector shall provide such

client with a written report of the findings of such inspection. The

home inspection shall clearly identify in the written report which

systems and components of the residential building were observed. Every

such written report and the information contained therein shall be

deemed confidential and shall not be disclosed without the express

consent of the client; provided, however, that department

representatives, conducting an investigation or other official business

for the purpose of enforcing this article, shall have access to such

reports and the information contained therein.

4. No home inspector shall:

(a) perform or offer to perform, for any additional fee, any repair,

improvement or replacement of any component or system in a residential

building for which such inspector, or partner thereof shall have

prepared a home inspection report prior to the close of escrow. This

paragraph shall not include repairs to components and systems not

included in the standards of practice adopted pursuant to this article;

(b) inspect any residential building in which such inspector, partner

or relative thereof has a financial interest or any interest in the

transfer thereof, including the receipt of any commission as an agent;

(c) offer to provide or provide any commission, referral fee or

kickback to the seller of any inspected residential building, or to the

agent of either or both the seller and buyer of such building, for the

referral of any business to such inspector or partner thereof; or

(d) agree to perform any home inspection or prepare any home

inspection report for which compensation or employment is contingent

upon the conclusions of the home inspection report, pre-established or

prescribed findings, or the closing of a real estate transaction.

Nothing in this article authorizes a home inspector to practice

engineering or architecture.