CREIA CODE OF ETHICS
WHAT ARE THEY AND HOW DO THEY WORK?
Home inspectors are governed by a hierarchy of codes and
regulations. The most general are state and federal codes,
both criminal and civil, which apply to the general population.
Next, California Business and Professions Code, Sections 7195
to 7199 define "home inspector" and itemizes their
duties. CREIA's Standards of Practice add another layer, specifying
what is included and excluded in an inspection. Most CREIA
inspectors incorporate the CREIA Standards of Practice in
their contracts. Finally, CREIA members agree to operate in
accordance with the CREIA Code of Ethics.
The Code of Ethics establishes guidelines for our interactions
with our clients, sellers, and agents. These guidelines foster
a higher level of public trust of our profession and organization
as clients and agents learn they can depend on our clear,
ethical behavior. We agree to abide by the Code as a condition
of CREIA membership. Adherence to the ethical guidelines is
critical in promoting our credibility as individuals and as
an organization. In addition to directing our own behavior,
we agree to report to CREIA substantial violations we observe
by other members.
The Code of Ethics specifically prohibits practices that
could create conflicts of interest: reports must be unbiased
and objective; we must act in good faith toward our clients
and other interested parties; we must not harm the public,
discredit CREIA, or our profession; advertising must be honest
and accurate; we must not make derogatory statements about
other inspectors, or those involved in real estate transactions,
including buyers and sellers.
The most common complaints we receive are related to advertising,
improper or unauthorized use of the CREIA logo, improper use
of the word "certified", inaccurate listing of credentials,
or CREIA offices held. Typically these infractions are inadvertent
or relatively minor, and are resolved with a "cease and
desist" letter from CREIA, followed by full cooperation
of the inspector member. The next most common complaint is
from unhappy clients who feel that an inspector did a poor
job. These are Standards of Practice issues as opposed to
ethics issues, and CREIA simply informs the complainant that
this is not an area in which the Ethics Committee has jurisdiction.
All complaints must be in writing, addressed to CREIA's state
office, and must be signed - no anonymous complaints are accepted.
Upon receipt by the Executive Director, the complaint is logged,
and forwarded to the Ethics Chair for investigation. The Ethics
Chair, or one of the other two Ethics Committee members will
investigate the situation. Generally a complaint is investigated
by an Ethics Committee member who is in a different chapter
from the investigator in question to help maintain objectivity.
The investigation process includes reviewing the complaint
and any evidence and contacting the inspector to hear his
version. The investigator then writes a letter which reiterates
the complaint, identifies findings, and any recommended disciplinary
action. If a situation is complex, a formal hearing may be
held at the next state board meeting. In either case, the
findings and disciplinary actions are reviewed and ratified
by the Board of Directors. Corrective actions could include
censure, suspension, or expulsion from CREIA. The inspector
involved can accept the ruling, or appeal it. In case of an
appeal, the CREIA chair appoints three members to an appeal
board: the past board chairperson, plus two other past board
members. The appeals board reviews the evidence, the findings,
and the actions and makes a decision which is final. The appeal
option is rarely used.
Complaint procedures are designed to be as fair and objective
as possible. The goal is to encourage all CREIA inspectors
to abide by the Code of Ethics, and to assure the public that
certain professional and ethical standards can be expected
from CREIA members.
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CREIA CODE OF ETHICS
All Inspector Members (MCI, CCI and Candidates) of the California
Real Estate Inspectors Association (CREIA) are committed to
providing professional, high quality service to the public.
This code will serve as a basis for ethical decision making
in the conduct of professional inspection work. It sets forth
principles and rules of conduct enforced by CREIA through
specific procedures contained in Section B, Judicial Procedures.
This Code of Ethics is applicable to all CREIA members as
defined in the CREIA bylaws. {EFFECTIVE January 6, 2006}
I. Inspectors shall avoid conflicts of interest
or activities that compromise, or appear to compromise, professional
independence, objectivity, or inspection integrity. In particular,
home inspectors shall not:
a. Perform or offer to perform, for an additional fee,
any repairs to a structure on which the inspector, or the
inspector's company, has prepared a home inspection report
in the past 12 months.
b. Inspect for a fee any property in which the inspector,
or the inspector's company, has any financial interest or
any interest in the transfer of the property.
c. Offer or deliver any compensation, inducement or reward
to the owner of the inspected property, the broker, or agent,
for the referral of any business to the inspector or the
inspection company, or for inclusion on a list of recommended
inspectors, preferred providers, or similar arrangements.
d. Inspect for a fee properties where the employment itself
or the fee payable for the inspection is contingent upon
the conclusions in the report, pre-established findings,
or the close of escrow.
e. Accept compensation, directly or indirectly, for recommending
contractors, services, or products to inspection clients.
II. Inspectors shall act in good faith toward
each client.
a. Inspectors shall perform services and express opinions
based on honest conviction and only within their areas of
education, training, or experience.
b. Inspectors shall be objective in reporting and not knowingly
understate or overstate the significance of reported conditions.
c. Inspectors shall not disclose personal information about
the client, seller, tenant, or others involved in the inspection
without the approval of the individual(s) affected.
d. Inspectors shall not disclose inspection results to
anyone other than the client or the client's agent without
the approval of the client.
III. Inspectors shall avoid activities that
harm the public, discredit themselves, or reduce public confidence
in the profession.
a. Inspectors will maintain professional relationships
with clients, colleagues and others associated with the
inspection without regard to race, color, national origin,
gender, religion, age, sexual orientation, or disability.
b. Inspector's advertising, marketing, and promotion of
services or qualifications shall not be fraudulent, false,
deceptive, or misleading.
c. Inspectors shall abide by CREIA bylaws and guidelines
in the use of the CREIA logo and other CREIA materials.
d. Inspectors will respond professionally to client or
CREIA concerns and complaints about an inspection.
e. Inspectors shall report substantial and willful violations
of this Code to CREIA.
IV. Consequences for breach of this Code.
a. Inappropriate language or behavior towards CREIA office
staff:
- First offense: Written reprimand placed in candidate's
or member's file.
- Second offense: One (1) month "member not in
good standing" status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
b. Candidate member using CCI, MCI or CNCS logo:
- First offense: Written reprimand placed in candidate's
file.
- Second offense: Six (6) month "member not in
good standing" status and loss of all privileges.
Written reprimand placed in candidate's file.
c. CCI member using MCI or CNSC logo:
- First offense: Three (3) month "member not
in good standing" status and loss of all privileges.
Written reprimand placed in member's file.
- Second Offense: Six (6) month "member not in
good standing" status and loss of all privileges.
Written reprimand placed in member's file.
d. Candidate or member falsely claiming Chapter or CREIA
State Leadership:
- First offense: Three (3) month "member not
in good standing" status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
- Second Offense: Six (6) month "member not in
good standing" status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
e. Candidate or member's company or a company controlled/owned
by same individual(s) performing repairs of properties for
an additional fee within one year of inspection date by
same or related company:
- First offense: Six (6) month "member not in
good standing" status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
- Second offense: Membership revoked, expulsion.
f. Candidate or member guilty of false or misleading advertising:
- First offense: Written reprimand placed in candidate's/member's
file.
- Second Offense: Six (6) month "member not in
good standing"status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
g. Candidate or member offering or soliciting incentives
to the seller or agents involved in a real estate transaction:
- First offense: Written reprimand placed in candidate's/member's
file.
- Second offense: Six (6) month "member not in
good standing"status and loss of all privileges.
Written reprimand placed in candidate's/member's file.
h. Breaches of this Code that are not specifically covered
by this Section IV shall be subject to consequences as determined
by the CREIA Board. Such consequences shall be reasonable
in light of and in comparison to those expressly stated
herein.
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