HOUSE BILL NO. 426
INTRODUCED BY G. FORRESTER
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING A HOME INSPECTOR FROM PERFORMING MAINTENANCE AND REPAIR WORK ON RESIDENTIAL PROPERTY WITHIN 1 YEAR OF THE DATE ON WHICH THE HOME INSPECTOR CONDUCTED A HOME INSPECTION; REQUIRING THAT THE DEPARTMENT OF COMMERCE ADOPT RULES GOVERNING THE STANDARDS OF PRACTICE FOR HOME INSPECTORS; AMENDING SECTION 30-14-1004, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 30-14-1004, MCA, is amended to read:
"30-14-1004. Requirement -- prohibitions. (1) A home inspector shall issue a home inspection report to a client after completing a home inspection unless the client agrees in writing to release the home inspector from this obligation.
(2) A home inspector may not:
(a) disclose information concerning the results of a home inspection without the written approval of the home inspector's client or the client's representative;
(b) accept compensation from more than one party with a financial interest in the residential dwelling without written approval from all parties with a financial interest in the residential dwelling;
(c) accept a commission or allowance, directly or indirectly, from another person or business entity associated with the client in connection with work for which the home inspector is responsible to the client;
(d) refuse or otherwise fail to disclose promptly to a client information about any business interest or relationship of the home inspector that may affect the client in connection with a home inspection;
(e) perform maintenance or repair work on residential property that the home inspector inspected within 1 year of the inspection."
NEW SECTION. Section 2. Rulemaking authority -- department of commerce. (1) The department of commerce shall adopt rules governing the standards of practice for home inspectors.
(2) The department of commerce may adopt by reference nationally recognized standards of practice, in whole or in part, established by the American society of home inspectors, the national association of home inspectors, or other nationally recognized organization.
NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to be codified as an integral part of Title 30, chapter 14, part 10, and the provisions of Title 30, chapter 14, part 10, apply to [section 2].
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 426 (HB0426.01)
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