W. Va. Code R. § 103-7-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 103-7-13 - General Exclusions

13.1. Home inspectors may not be required to report or render an opinion on the following items:

13.1.a. The life expectancy of any component or system;

13.1.b. The cause of the need for a repair;

13.1.c. The methods, materials, and costs of corrections;

13.1.d. The suitability of the property for any specialized use;

13.1.e. Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements, special utility, insurance, or restrictions;

13.1.f. The market value of the property or its marketability;

13.1.g. The advisability or inadvisability of purchasing the property;

13.1.h. Any component or system that was not inspected;

13.1.i. The absence of pests such as wood damaging organisms, rodents, or insects;

13.1.j. Cosmetic items and underground items not permanently installed;

13.1.k. Hidden or latent defects;

13.1.l. Items not visible for inspection;

13.1.m. The presence or absence of mold, mold-like, or microbial, growth or substances; or

13.1.n. The presence or absence of hazardous materials.

13.2. Home inspectors are not required to:

13.2.a. Offer warranties or guarantees of any kind;

13.2.b. Calculate the strength, adequacy, or efficiency of any system or component;

13.2.c. Enter any area or perform any procedure that may damage the property or its components or be dangerous to the home inspector or other persons;

13.2.d. Operate any system or component that is shut down or otherwise inoperable;

13.2.e. Operate any system or component that does not respond to normal operating controls;

13.2.f. Disturb insulation or move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility;

13.2.g. Determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including but not limited to toxins such as asbestos, radon and lead, carcinogens, noise, contaminants in the building or in soil, water, and air;

13.2.h. Determine the effectiveness of any system installed to control or remove suspected hazardous substances;

13.2.i. Predict future condition, including, but not limited to, the failure of any components.

13.2.j. Project operating costs of components;

13.2.k. Evaluate acoustical characteristics of any system or component; or

13.2.l. Inspect special equipment or accessories that are not listed as components to be inspected.

13.3. Home inspectors may not offer or perform any act or service contrary to law;

W. Va. Code R. § 103-7-13