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Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 15. Virginia Board For Asbestos, Lead, And Home Inspectors
Chapter 40. Home Inspector Licensing Regulations
10/30/2025

18VAC15-40-140. Conflict of interest.

A. The licensee will not:

1. Design or perform repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection within 12 months after the date the licensee performed the home inspection, except in cases where the home inspector purchased the residence after the home inspection was performed;

2. Perform a home inspection of a residential building or NRS upon which the licensee has designed or performed repairs or modifications within the preceding 12 months without disclosing to the client in the home inspection contract the specifics of the repairs or modifications the licensee designed or performed;

3. Refer the licensee's client to another person to make repairs or modifications to a residential building or NRS on which the licensee has performed a home inspection unless, in accordance with 18VAC15-40-120 D, the licensee provides written documentation to the licensee's client that clearly discloses any financial interest that the licensee has or reasonably expects to have with the person who is recommended for the repairs or modifications;

4. Represent the interests, either personally or through employment, of any of the parties to the transfer or sale of a residential building or NRS on which the licensee has performed a home inspection without disclosing such fact to the client; or

5. Perform a home inspection of a residential building or NRS under a contingent agreement whereby any compensation or future referrals are dependent on the reported findings or on the sale of the property.

B. Notwithstanding the provisions of 18VAC15-40-180, the licensee must not disclose any information concerning the results of the home inspection without the approval of the client for whom the home inspection was performed. However, the licensee may disclose information in situations where there is an imminent endangerment to life or health.

C. The licensee must not accept compensation from more than one interested party for the home inspection on the same property without the consent of all interested parties.

D. The licensee must not accept nor offer commissions or allowances, directly or indirectly, from other parties dealing with the client in connection with the home inspection. Additionally, the licensee must not enter into any financial relationship with any party that may compromise the licensee's commitment to the best interest of the licensee's client.

E. A home inspector may provide services to a client in addition to a home inspection. The home inspector must disclose to the client the additional services to be performed and how such services may conflict with the home inspection. The disclosure must be in writing and may be incorporated into the home inspection contract or contained in a separate written agreement with the client. Any additional services performed pursuant to this subsection must be performed in accordance with applicable laws and regulations.

F. The home inspection must not be used as a pretext by the licensee to solicit or obtain work in another field, except for additional diagnostic inspections or testing.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 19, eff. July 1, 2017; Volume 42, Issue 1, eff. October 1, 2025.

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