00 CS FOR HOUSE BILL NO. 207(L&C) 01 "An Act relating to home inspections." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.10 is amended by adding a new section to read: 04  Sec. 09.10.065. Legal actions against home inspector. (a) A person may 05 not bring an action against an individual based on the contents of or omissions in a 06 written home inspection report prepared by the individual unless the action is brought 07  (1) by the person who contracted and paid for the report; and 08  (2) within one year after the date of the written report. 09  (b) A contract provision that purports to limit the liability of a home inspector 10 to the cost of the home inspection report is contrary to public policy and void. 11  (c) In this section, 12  (1) "home inspection" means an inspection of the condition of a 13 residence or intended residence performed for compensation on behalf of a prospective 14 buyer, seller, or lender in a real estate transaction or on behalf of the owner of the 01 residence, except that "home inspection" does not include an activity of a pesticide 02 applicator licensed by the Department of Environmental Conservation if the activity 03 is within the scope of that license; 04  (2) "real estate transaction" means the transfer or attempted transfer of 05 an interest in a unit of real property or an act conducted as a result of or in pursuit of 06 a contract to transfer an interest in a unit of real property; 07  (3) "residence" means 08  (A) a single-family home; 09  (B) a duplex, triplex, or four-plex; or 10  (C) a residential townhouse or residential condominium unit. 11 * Sec. 2. AS 45.45 is amended by adding a new section to read: 12  Sec. 45.45.920. Prohibited acts relating to home inspections. (a) An 13 individual or company that performs a home inspection may not intentionally 14  (1) perform or offer to perform, for an additional fee, repairs to a 15 structure on which the individual or the company has prepared a home inspection 16 report in the past 12 months; 17  (2) inspect for a fee any property in which the individual or the 18 company has a financial interest or an interest in the transfer of the property; 19  (3) offer or deliver compensation, an inducement, or a reward to the 20 owner of the inspected property, the broker, or the agent, for the referral of business 21 to the individual or the company; 22  (4) without the written consent of the home inspection client or the 23 client's legal representative, disclose information from a home inspection report 24 prepared by the individual or the company unless the disclosure is made 25  (A) more than one year after the date of the report; or 26  (B) to a subsequent client who requests a home inspection of 27 the same premises; 28  (5) without the written consent of all interested parties, accept 29 compensation from more than one interested party for the same services; 30  (6) accept from a person who has other dealings with a home 31 inspection client a commission or allowance, directly or indirectly, for work for which 01 the individual or the company is responsible; 02  (7) accept an engagement to make an inspection or to prepare a report 03 in which the employment itself or the fee payable for the inspection is contingent upon 04 the conclusions in the report, preestablished findings, or the close of escrow. 05  (b) In this section, 06  (1) "home inspection" means an inspection of the condition of a 07 residence or intended residence performed for compensation on behalf of a prospective 08 buyer, seller, or lender in a real estate transaction or on behalf of the owner of the 09 residence, except that "home inspection" does not include an activity of a pesticide 10 applicator licensed by the Department of Environmental Conservation if the activity 11 is within the scope of that license; 12  (2) "intentionally" has the meaning given in AS 11.81.900(a); 13  (3) "real estate transaction" means the transfer or attempted transfer of 14 an interest in a unit of real property or an act conducted as a result of or in pursuit of 15 a contract to transfer an interest in a unit of real property; 16  (4) "residence" means 17  (A) a single-family home; 18  (B) a duplex, triplex, or four-plex; or 19  (C) a residential townhouse or residential condominium unit. 20  (c) A person who violates this section is guilty of a class A misdemeanor.