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Home inspector groups warn against removing contractual liability limits; senator argues for stronger accountability
Summary
Hollis Brown, representing the Virginia Association of Real Estate Inspectors, told the Housing Commission work group that removing contractual liability caps for home inspection contracts would raise costs, threaten inspectors’ ability to remain insured, and not necessarily improve consumer protection.
Hollis Brown, representing the Virginia Association of Real Estate Inspectors, told the Virginia Housing Commission work group that removing contractual liability limits for home inspection contracts would not improve consumer protection and could have unintended consequences for both inspectors and homebuyers.
Brown, a licensed home inspector and trainer, described current practice under Virginia licensure and DPOR (the Department of Professional and Occupational Regulation), noting that the standard of practice limits inspections to visible and accessible elements. He argued a cap on liability tied to the inspection fee provides predictable liability that matches the service, and that eliminating such limits would create “unlimited liability” that could force many inspectors out of the market or sharply increase costs. Brown said, “If inspectors were to increase their fees to match this increased risk, their service could become unaffordable for many home buyers,” and urged investment in training and regulatory changes rather than expanded litigation.
Sen. Sam Surravel, who sponsored legislation discussed earlier in the commission’s process, responded that home inspection is part of the risk that should be borne through insurance and accountability. Surravel noted the low complaint rate referenced by Brown but emphasized the stakes for homebuyers, saying buyers may be exposed to repairs that can cost tens of thousands of dollars. “We’re talking about the largest investment anybody… will ever make,” Surravel said, arguing that spreading risk through insurance is a common societal approach and questioning why home inspectors should be allowed to limit liability to a small capped amount.
Several commissioners and association representatives questioned training and entry requirements. Brown said entry-level training requirements are scheduled to change Oct. 1 and described current minimums as 35 hours of approved class plus field inspections (or equivalent training routes), with continuing education every two years; he urged stronger training standards.
No formal vote or regulatory change occurred at the meeting. Several members said the commission and stakeholders should continue the discussion, compare other states’ experience, and consider both training standards and the effect of insurance markets if liability rules change.
Ending: Brown invited commissioners and staff to meet with the association and inspect programs; senators and association representatives agreed to continue discussions and provide comparative data on other states’ training and insurance outcomes.
