The Virginia Association of Real Estate Inspectors (VAREI) appreciates the Board of Asbestos, Lead and Home Inspectors addressing the issue of “walk and talk inspections” through a guidance document. Competitive real estate markets sometime lead home buyers to waive inspections to make their offers as competitive as possible. While VAREI believes that it is always in a home buyer’s best interest to obtain a full home inspection with a written report as part of the home purchase contract, there are times when market conditions make that difficult.

We understand that “walk and talk inspections”, sometimes referred to as “pre-offer inspections” or “walk-through consultations”, do not meet the statutory definition of a home inspection, because they do not include a written report. However, having the option of a “walk and talk inspection” available to buyers in competitive real estate markets ensures that they have the ability to acquire additional knowledge and peace of mind about the property they desire to purchase. We appreciate the work of the Board to account for this practice. We agree that these “walk and talk inspections” should not be represented as home inspections.

DPOR Guidance Document “Walk and Talk Inspection”

Walk and Talk Inspections

Pre-Offer Inspections

Property Consultations

I appreciate the Board of Asbestos, Lead, and Home Inspectors taking the time to address the above-mentioned inspections. The real estate market is rather volatile, and while I believe this in time will dissipate, homebuyers are waiving full home inspections in order to provide a more competitive purchase offer. Therefore, I see the need for these inspections. However, Title 54.1 Chapter 5 dated February 1, 2020, and 54.1-500 already provides the licensed home inspector with the necessary guidance on conducting those types of inspections. So, providing a new guidance document seems rather unnecessary. The issue is not that they are taking place, the issue is licensed home inspectors are not fulling the regulations because they are not providing a written report.

The above-listed inspections all have four things in common with a full home inspection but lack a written report.

• They are inspections.
• They are being conducted on residential properties.
• The licensed home inspector is getting paid.
• The home inspector is licensed by DPOR.

They do not meet the definition of a home inspection, per 54.1-500, only because the licensed home inspector is not providing a written report.

"Home inspection" means any inspection of a residential building for compensation conducted by a licensed home inspector.

A walk and talk, a foundation inspection, an electrical inspection, or any inspection of a residential building is an inspection.

The second part of the definition found in 54.1-500 is where licensed home inspectors are granted the ability to limit the scope of the inspection. A walk and talk, a foundation inspection, an electrical inspection, an HVAC system inspection are all limited in scope inspections of a residential building. However, the definition makes it very clear that even limited in scope inspections shall include a written report.

“A home inspection shall include a written evaluation of the readily accessible components of a residential building including heating, cooling, plumbing, and electrical systems; structural components; foundation; roof; masonry structure; exterior and interior components; and other related residential housing components. A home inspection may be limited in scope as provided in a home inspection contract, provided that such contract is not inconsistent with the provisions of this chapter or the regulations of the Board. For purposes of this chapter, residential building energy analysis alone, as defined in § 54.1-1144, shall not be considered a home inspection”.

Part A of this definition does not state any full home inspection. A full home inspection is nothing more than a series of individual inspections, i.e.: plumbing, electrical, HVAC, structure, roofing, appliances….

Though we should not compartmentalize the definition,

any: is all-inclusive

residential building:  per 54.1-500 "for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes"

inspection: to evaluate, to a set of standards

compensation:  to receive payment for a service  

licensed home inspector: an individual who holds a license issued by DPOR

"Home inspector" means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections.

Therefore, no matter what you name the inspection, it is an inspection, it is conducted on residential property, it is conducted for a fee, and it is conducted by a licensed home inspector.

You can chop it, slice it, dice it, shred it and peel it however you choose, it's still an inspection that falls under the definition of home inspection found in 54.1-500.

 “III. Board Guidance The Board provides the following guidance regarding home inspectors conducting inspections of residential buildings that do not include a written evaluation (report): Based on the definition of “home inspection” in § 54.1-500, a home inspection must include, among other things, a written evaluation of readily accessible components. Because a “walk-and-talk” inspection does not include a written evaluation, it is not considered a home inspection. It would be contrary to state law for a home inspector to represent a “walk-and-talk” inspection as a home inspection. While the Board’s authority over an individual licensed as a home inspector is limited to such individual’s performance of home inspections, the specialized service described herein should not be called, described, or referred to as a “home inspection” as it does not comply with the definition of a home inspection in § 54.1-500 of the Code of Virginia. A home inspector who represents a “walk-and-talk” inspection as a home inspection may be subject to disciplinary action by the Board.”

If this Guidance document stands, any home inspector in Virginia can simply start calling their inspections Property Evaluations and therefore, negate the regulations altogether.  Stating that a Walk and Talk Inspection is not a home inspection and therefore, does not fall under DPOR regulations sets the premise that if you do not call it a home inspection then you do not have to meet Title 54.1 Chapter 5. The definition has “any inspection” for a reason, otherwise, it would state any full home inspection.

If a licensed home inspector just inspects the HVAC system and by contract excludes all other systems and components and provides a written report, then they are in compliance with the current home inspector regulations. This can be said for any single system inspection or any inspection that is a combination of systems.  Walk and Talks are no different than a standalone foundation inspection, HVAC system inspection, or an electrical system inspection.

With today’s technology, reports are 99% complete and ready for delivery at the end of an inspection, even when the home is 5000 SqFt.  How much easier is it then, when just one, two, or three of the home’s major systems are being evaluated, to deliver a report?

Continue with Walk and Talks, or whatever is used to describe the inspection but abide by the regulations and provide a written report. It only takes a few minutes to put a short report together.