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90_HB0806 New Act Creates the Home Inspection Fraud Prevention Act to regulate persons providing home inspection services through reporting requirements. LRB9003609DPcc LRB9003609DPcc 1 AN ACT to create the Home Inspection Fraud Prevention 2 Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Home Inspection Fraud Prevention Act. 7 Section 5. Definitions. 8 "Home" means real property primarily designed or used as 9 a residence. 10 "Home inspector" means a person who engages in the 11 practice of inspecting homes for remuneration to reveal any 12 defects or deficiencies in the structural or mechanical 13 components of the homes. 14 Section 10. Standards of practice; reports; 15 misrepresentation. 16 (a) A home inspector shall provide home inspection 17 services in accordance with the Code of Ethics and Standards 18 of Practice of the American Society of Home Inspectors. 19 (b) A home inspector providing home inspection services 20 for the purpose of a proposed sale or purchase of a home 21 shall prepare a detailed report of his or her findings and 22 shall promptly make the report available to the purchaser and 23 seller of the home. 24 (c) No home inspector shall knowingly misrepresent a 25 fact material to the purchase or sale of a home in an oral or 26 written inspection report. 27 Section 15. Penalties. 28 (a) A home inspector who fails to provide a report as 29 required under subsection (b) of Section 10 is guilty of a -2- LRB9003609DPcc 1 Class A misdemeanor for a first offense and is guilty of a 2 Class 4 felony for a second or subsequent offense. 3 (b) A home inspector who violates subsection (c) of 4 Section 10 is guilty of a Class 4 felony.