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* Home Inspectors: FACTS FOR CONSUMERS ... Brochure *
In 1999 a Law was passed
requiring the Licensing of Home Inspectors, and became effective May 1, 2001. Section 2 concerns the obligations of the Real Estate Broker/Salesperson (see below).
Effective May 1, 2001:
All real estate
agents are required to distribute a brochure entitled, “Home Inspectors: FACTS FOR CONSUMERS”.
The agent distributes
the brochure to the buyer at the first signing of a written contract to purchase (offer).
A copy of the
brochure is available above in PDF format. It's also available to the public
on the website of the Board of Registration of Home Inspectors.
Real estate
Brokers & Salesmen (other than buyer's brokers) are prohibited from directly recommending a specific Home Inspector
or Company.
Agents can not
comment on his or her experience with certain home inspectors.
They may, but
are not required to supply the buyer with a complete list of all licensed Home Inspectors in the state of Mass.
The list must
be current, therefore would become burdensome. To ensure that the buyer receives
the most recent list of Home Inspectors, it's recommended that you simply supply the buyer with the brochure which contains
the website address of the Board of Registration of Home Inspectors, which will of course provide the most recent list available.
The
website address is www.mass.gov/dpl/boards/hi/
It's safest to
provide the brochure and let a prospective homebuyer make their own decisions on home inspectors.
A copy
of the brochure will satifsy all responsibility imposed on agents.
Section 2 of the Law:
SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 87YY the
following section:
Section 87YY>. At the
time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker
or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business
regulations, educating consumers about the home inspection process. Real estate brokers and salesmen shall not directly
recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed
home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement
or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting
exclusively for the buyer as a buyer’s broker.
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