Section 1410.300  Grounds for Discipline

A rebutable presumption of dishonest, unethical or unprofessional conduct shall arise whenever a home inspector, while performing a home inspection or developing a home inspection report, commits one or more of the following acts or omissions and fails to provide a credible explanation upon request:

a)         The licensee expresses an opinion without being based on practical experience or education and honest conviction.

b)         The licensee fails to act in good faith in dealing with a client.

c)         The licensee discloses any information concerning the results of a home inspection without the approval of the client.

d)         The licensee accepts compensation from more than one interested party for the same service without the consent of all interested parties.

e)         The licensee offers or accepts commissions or allowances, directly or indirectly, from other parties dealing with a client while providing a home inspection. 

f)          The licensee fails to promptly disclose in writing to a client any interest in a business or the subject property that may affect or have the potential to affect the client.

g)         The licensee allows an interest in any business to affect the quality of the results of a home inspection.

h)         The licensee fails to disclose in writing to the client prior to the home inspection any limitations or exclusions of systems or components being inspected.

i)          The licensee aids or assists another in the violation of the Act or this Part.

j)          The licensee fails to satisfy a material term of a consent to administrative supervision order or consent order.

k)         The licensee aids, assists, or facilitates another to use or appropriate credentials or a license for the purpose of preparing a home inspection report knowing such person to be unlicensed.

l)          The licensee advises a client as to whether the client should or should not engage in a real estate transaction or provides an opinion of value regarding the residential real property that is the subject of the home inspection.

(Source:  Amended at 27 Ill. Reg. 14180, effective August 15, 2003)