Preproposal statement of inquiry was filed as WSR 08-14-033.
Title of Rule and Other Identifying Information: New rule WAC 308-124C-050 Home inspector referrals (by real estate licensees).
Hearing Location(s): Department of Licensing, 2000th [2000 4th] Avenue West, 2nd Floor Conference Room, Olympia, WA, on November 25, 2008, at 10:00 a.m.
Date of Intended Adoption: November 25, 2008, or after.
Submit Written Comments to: Jerry McDonald, P.O. Box 2445, Olympia, WA 98507-2445, e-mail email@example.com, fax (360) 570-7051.
Assistance for Persons with Disabilities: Contact Gale Mitchell by November 17, 2008, TTY (360) 664-8885 or (360) 664-6426.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To establish a mandatory procedure that ensures consumer rights when a real estate licensee refers a home inspector.
Reasons Supporting Proposal: Mandated by section 24, chapter 119, Laws of 2008.
Statutory Authority for Adoption: RCW 18.85.040(1) and section 24, chapter 119, Laws of 2008.
Statute Being Implemented: RCW 18.85.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA, (360) 664-6524.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is for individual licensees and not small business enterprises.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed change has no financial impact upon the department.
October 7, 2008
WAC 308-124C-050 Home inspector referrals. Each licensed designated broker will establish a written office policy that includes a procedure for referring home inspectors to buyers or sellers. The policy will address the consumer's right to freely pick a home inspector of the buyer's or seller's choice and prevent any collusion between the home inspector and a real estate licensee.
If a licensee refers a home inspector to a buyer or seller that they have or have had a relationship including, but not limited to, a business or familial relationship, then full disclosure of the relations must be provided in writing prior to the buyer or seller using the services of the home inspector.