18VAC15-40-155. Prohibited acts.
The following acts are prohibited and any violation may result in disciplinary action by the board:
1. Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.
2. Obtaining or attempting to obtain a license by false or fraudulent representation; or maintaining, renewing, or reinstating a license by false or fraudulent representation.
3. Failing to maintain the insurance policy required pursuant to 18VAC15-40-30 G.
4. Failing to report a change or maintain records pursuant to 18VAC15-40-160.
5. Having been convicted or found guilty in any jurisdiction or disciplined by any jurisdiction, board, or administrative body in any jurisdiction of any offense or violation enumerated in 18VAC15-40-152. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.
6. Failing to inform the board in writing within 30 days that the licensee was convicted or found guilty, in any jurisdiction or disciplined by any jurisdiction, board, or administrative body of any offense or violation enumerated in 18VAC15-40-152.
7. Failing to use a contract that complies with 18VAC15-40-120.
8. Failing to produce a home inspection report that complies with 18VAC15-40-130.
9. Failing to comply with the requirements of 18VAC15-40-140.
10. Committing an action that constitutes negligence, incompetence, or misconduct in the practice of the profession, including:
a. Having performed a home inspection when not qualified by training or experience to competently perform any part of the home inspection.
b. Failing to demonstrate reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.
c. Conducting a home inspection on any new residential structure without the NRS specialty issued by the board.
d. Having cited, stated, or represented that there exists a violation of the Virginia Uniform Statewide Building Code (13VAC5-63) in a home inspection report or other document prepared relative to a home inspection.
e. Advising a client as to whether the client should or should not engage in a real estate transaction or providing an opinion of value regarding the residential building or NRS that is the subject of the home inspection.
f. Failing to adequately supervise and review work by unlicensed individuals who are gaining experience under the direct supervision of the licensee.
11. Committing an action that constitutes engaging in improper, fraudulent, or dishonest conduct, including:
a. Making any misrepresentation or making a false promise that might influence, persuade, or induce.
b. Knowingly misrepresenting factual information in expressing a professional opinion.
c. Intentionally and without justification failing to complete work contracted for or to comply with the terms in the contract.
d. Retaining or misapplying funds paid for which work is either not performed or performed only in part.
12. Allowing a license issued by the board to be used by another.
13. Failing to comply with the requirements of 18VAC15-40-180.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 33, Issue 19, eff. July 1, 2017; amended, Virginia Register Volume 42, Issue 1, eff. October 1, 2025.