WSR 08-21-030



[ Filed October 7, 2008, 2:10 p.m. ]

Original Notice.

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, 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

Jerry McDonald

Assistant Administrator


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.


Washington State Code Reviser's Office