440.975(6)(c)
(c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.
440.975(6)(d)
(d) Operate any component of an improvement to residential real property that is inoperable.
440.975(6)(e)
(e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.
440.975(6)(f)
(f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.
440.975(6)(g)
(g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.
440.975(6)(h)
(h) Predict future conditions, including the failure of a component of an improvement to residential real property.
440.975(6)(i)
(i) Project or estimate the operating costs of a component of an improvement to residential real property.
440.975(6)(j)
(j) Evaluate acoustic characteristics of a component of an improvement to residential real property.
440.975(6)(k)
(k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms.
440.975(6)(L)
(L) Inspect cosmetic items, underground items or items not permanently installed.
440.975(6)(m)
(m) Inspect for the presence of any hazardous substances.
440.975(7)
(7) A home inspector may not do any of the following:
440.975(7)(a)
(a) Perform or offer to perform any act or service contrary to law.
440.975(7)(b)
(b) Deliver a home inspection report to any person other than the client without the client's consent.
440.975(7)(c)
(c) Perform a home inspection for a client with respect to a transaction if the home inspector, a member of the home inspector's immediate family or an organization or business entity in which the home inspector has an interest, is a party to the transaction and has an interest that is adverse to that of the client, unless the home inspector obtains the written consent of the client.
440.975(7)(d)
(d) Accept any compensation from more than one party to a transaction for which the home inspector has provided home inspection services without the written consent of all of the parties to the transaction.
440.975(7)(e)
(e) Pay or receive, directly or indirectly, in full or in part, for a home inspection or for the performance of any construction, repairs, maintenance or improvements regarding improvements to residential real property that is inspected by him or her, a fee, a commission, or compensation as a referral or finder's fee, to or from any person who is not a home inspector.
440.975(8)
(8) This section does not prohibit a home inspector from doing any of the following:
440.975(8)(a)
(a) Reporting observations or conditions in addition to those required under this section or the rules promulgated under this section.
440.975(8)(b)
(b) Excluding a component of an improvement to residential real property from the inspection, if requested to do so by his or her client.
440.975(8)(c)
(c) Engaging in an activity that requires an occupation credential if he or she holds the necessary credential.
440.975 History
History: 1997 a. 81.
440.975 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
440.976
440.976
Disclaimers or limitation of liability. No home inspector may include, as a term or condition in an agreement to conduct a home inspection, any provision that disclaims the liability, or limits the amount of damages for liability, of the home inspector for his or her failure to comply with the standards of practice prescribed in this subchapter or in rules promulgated under this subchapter.
440.976 History
History: 1997 a. 81.
440.977
440.977
Liability of home inspectors. 440.977(1)
(1) Notwithstanding
s. 893.54, an action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts shall be commenced within 2 years after the date that a home inspection is completed or be barred. The period of limitation under this subsection may not be reduced by agreement.
440.977(2)
(2) A home inspector is not liable to a person for damages that arise from an act or omission relating to a home inspection that he or she conducts if that person is not a party to the transaction for which the home inspection is conducted.
440.977 History
History: 1997 a. 81.
440.978
440.978
Discipline; prohibited acts. 440.978(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.978(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a home inspector or deny, limit, suspend or revoke a certificate under this subchapter if the department finds that the applicant or home inspector has done any of the following:
440.978(2)(a)
(a) Made a material misstatement in an application for a certificate or renewal of a certificate.
440.978(2)(b)
(b) Engaged in conduct while practicing as a home inspector that evidences a lack of knowledge or ability to apply professional principles or skills.
440.978(2)(d)
(d) Advertised in a manner that is false, deceptive or misleading.
440.978(2)(e)
(e) Advertised, practiced or attempted to practice as a home inspector under another person's name.
440.978(2)(f)
(f) Allowed his or her name to be used by another person while the other person was practicing or attempting to practice as a home inspector.
440.978(2)(g)
(g) Subject to
ss. 111.321,
111.322 and
111.34, practiced as a home inspector while the individual's ability to practice was impaired by alcohol or other drugs.
440.978(2)(h)
(h) Acted as a home inspector in connection with a transaction in which he or she was also an appraiser or broker.
440.978(2)(i)
(i) Performed, or agreed to perform, for compensation any repairs, maintenance or improvements on any property less than 2 years after he or she conducts a home inspection, without the written consent of the property owner given before the home inspection occurred.
440.978(2)(j)
(j) Prevented or attempted to prevent a client from providing a copy of, or any information from, a home inspection report done by the home inspector in connection with a transaction to any interested party to the transaction.
440.978(2)(k)
(k) Failed to provide a home inspection report to a client by the date agreed on by the home inspector and the client or, if no date was agreed on, within a reasonable time after completing the inspection.
440.978(2)(m)
(m) Violated this subchapter or any rule promulgated under this subchapter.
440.978(3)
(3) In addition to or in lieu of proceeding under
sub. (2), the department may assess against a person who has engaged in any of the practices specified in
sub. (2) a forfeiture of not more than $1,000 for each separate offense.
440.978(4)
(4) In lieu of proceeding under
sub. (1) or
(2), the department may place, in a registry information file, a copy of a complaint received by the department against a Wisconsin registered home inspector, the inspector's response to the complaint and a copy of any records of the department concerning the complaint. If the department establishes a registry information file under this subsection, the department shall use the following procedure:
440.978(4)(a)
(a) No later than 60 days after the date on which the department receives a complaint alleging that a home inspector has engaged in conduct that is grounds for discipline under
sub. (2), the department shall provide the inspector with a copy of the complaint and place a copy of the complaint and a copy of any records of the department concerning the complaint in the registry information file.
440.978(4)(b)
(b) After receiving a copy of the complaint under
par. (a), the home inspector who is the subject of the complaint, or his or her authorized representative, may place in the registry information file a statement of reasonable length describing the inspector's view of the correctness or relevance of any of the information contained in the complaint.
440.978(4)(c)
(c) The department shall make the complaint, the home inspector's response to the complaint, if any, and a copy of any records of the department concerning the complaint placed in a registry information file under this subsection available to the public.
440.978(4)(d)
(d) The department shall remove all complaints against and other information concerning a home inspector from the registry information file if, for a period of 2 years from the date of the most recent complaint filed in the registry information file, no further complaints have been filed against the inspector.
440.978(5)
(5) The department may, as a condition of removing a limitation on a certificate issued under this subchapter or of reinstating a certificate that has been suspended or revoked under this subchapter, do any of the following:
440.978(5)(a)
(a) Require the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector.
440.978(5)(b)
(b) Require the home inspector to file with the department a bond that is furnished by a company authorized to do business in this state and is in an amount approved by the department.
440.978 History
History: 1997 a. 81.
440.978 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
440.979
440.979
Report by department. The department shall submit an annual report to the legislature under
s. 13.172 (2) that describes all of the following:
440.979(1)
(1) The number of home inspectors who are registered under this subchapter.
440.979(2)
(2) The number and nature of complaints regarding home inspections that are received by the department from clients of home inspectors.
440.979(3)
(3) The number and nature of complaints regarding home inspections that are received by the department from persons who are not clients of home inspectors.
440.979(4)
(4) An estimate of the cost of complying with this subchapter that is incurred by home inspectors.
440.979(5)
(5) The cost incurred by the department in carrying out its duties under this subchapter.
440.979 History
History: 1997 a. 81;
1999 a. 32 s.
311.
440.979 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
UNIFORM ATHLETE AGENTS ACT
440.99
440.99
Definitions. In this subchapter:
440.99(1)
(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract.
440.99(2)
(2) "Athlete agent" means an individual who enters into an agency contract with a student athlete or recruits or solicits a student athlete to enter into an agency contract. "Athlete agent" includes an individual who represents to the public that the individual is an athlete agent. "Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. "Athlete agent" also does not include an individual who provides information to a student athlete, but who does not recruit or solicit the student athlete to enter into an agency contract.
440.99(3)
(3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
440.99(4)
(4) "Contact" means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
440.99(5)
(5) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
440.99(6)
(6) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.
440.99(7)
(7) "Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
440.99(8)
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
440.99(9)
(9) "Registration" means registration as an athlete agent under this subchapter.
440.99(10)
(10) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
440.99(11)
(11) "Student athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
440.99 History
History: 2003 a. 150.
440.9905
440.9905
Service of process. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
440.9905 History
History: 2003 a. 150.
440.991
440.991
Athlete agents: registration required; void contracts. 440.991(1)(1) Except as otherwise provided in
sub. (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under
s. 440.992 or
440.993.
440.991(2)
(2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if all of the following are satisfied:
440.991(2)(a)
(a) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual.
440.991(2)(b)
(b) Within 7 days after an initial act as an athlete agent, such as an effort to recruit or solicit a student athlete to enter into an agency contract, the individual submits an application for registration as an athlete agent in this state.
440.991(3)
(3) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
440.991 History
History: 2003 a. 150.
440.9915
440.9915
Registration as athlete agent; form; requirements. 440.9915(1)(1) An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. The application must be in the name of an individual and, except as otherwise provided in
sub. (2), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain all of the following:
