IDFPR Enforcement of Home Inspectors
Home Inspectors are regulated by the State of Illinois. There are a number of different statutes that apply to Home Inspectors, as well as extensive administrative regulations. The primary statute that regulated the profession is the Home Inspector License Act. The law and regulations include:
- Licensing standards and requirements
- Scope of Home Inspectors practice and standards of care
- Education requirements and standards
- Disciplinary action for violations of laws and regulations
The significant regulation for Home Inspectors reflects the government’s interest in protecting the safety and welfare of citizens. Only Home Inspectors who meet specific requirements are permitted to practice in Illinois. IDFPR offers three categories of licenses:
- Home Inspector
- Home Inspector Education Provider
- Home Inspector Entity
When Can a Home Inspector Lose His or Her License — or Face Professional Discipline — in Illinois?
The Home Inspector License Act contains numerous types of conduct that can warrant disciplinary action. Examples of issues regulated by the Act and the corresponding administrative rules include:
- Failing or refusing to exercise reasonable diligence in the development, reporting, or communication of a home inspection report, as defined by this Act or the rules.
- Accepting an inspection assignment when the employment itself is contingent upon the home inspector reporting a predetermined analysis or opinion, or when the fee to be paid is contingent upon the analysis, opinion, or conclusion reached or upon the consequences resulting from the home inspection assignment.
- Developing home inspection opinions or conclusions based on the race, color, religion, sex, national origin, ancestry, age, marital status, family status, physical or mental disability, or unfavorable military discharge, as defined under the Illinois Human Rights Act, of the prospective or present owners or occupants of the area or property under home inspection.
- Being adjudicated liable in a civil proceeding for violation of a state or federal fair housing law.
- Failing to include within the home inspection report the home inspector’s license number and the date of expiration of the license. All home inspectors providing significant contribution to the development and reporting of a home inspection must be disclosed in the home inspection report. It is a violation of this Act for a home inspector to sign a home inspection report knowing that a person providing a significant contribution to the report has not been disclosed in the home inspection report.
- Advising a client as to whether the client should or should not engage in a transaction regarding the residential real property that is the subject of the home inspection.
- Cheating on or attempting to subvert the licensing examination administered under this Act.