Are Home Inspections required to be performed by a Home Inspector

[Frank S.]

This is a strange question, but the knowledge is out there!

Can I get the property inspected by an colleague engineer, architect, or licensed contractor instead of using a Certified Home Inspector?

Can this person's professional opinion be used as a contingency? 

Thanks, 

Frank

Home Inspector Act, Section 5-5:

Sec. 5-5. Necessity of license; use of title; exemptions. (a) It is unlawful for any person, including any entity, to act or assume to act as a home inspector, to engage in the business of home inspection, to develop a home inspection report, to practice as a home inspector, or to advertise or hold himself, herself, or itself out to be a home inspector without a home inspector license issued under this Act. A person who violates this subsection is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offenses. (b) It is unlawful for any person, other than a person who holds a valid home inspector license issued pursuant to this Act, to use the title "home inspector" or any other title, designation, or abbreviation likely to create the impression that the person is licensed as a home inspector pursuant to this Act. A person who violates this subsection is guilty of a Class A misdemeanor. (c) The licensing requirements of this Article do not apply to: (1) any person who is employed as a code enforcement

official by the State of Illinois or any unit of local government, while acting within the scope of that government employment;

(2) any person licensed by the State of Illinois

while acting within the scope of his or her license; or

(3) any person engaged by the owner or lessor of

residential real property for the purpose of preparing a bid or estimate as to the work necessary or the costs associated with performing home construction, home remodeling, or home repair work on the residential real property, provided such person does not hold himself or herself out, or advertise himself or herself, as being engaged in business as a home inspector.

(Source: P.A. 97-226, eff. 7-28-11.)

[Mike Cumbie]

Hi @Frank Sanchez and welcome

If you are talking about for the purchase and your own benefit, you can use whoever you want (Some people put in no contingencies at all and roll the dice). You are not required to have one. If You are in my area you can put anything you want. Requiring "contractor review" essentially saying I need 3 days with power to walk through with a contractor.

If you are talking about for the lender etc, that will be up to them.

Looking at your legalize (and I am no lawyer by any means and not offering any advice) but I read it as to say he can't tell you he is a certified home inspector and you couldn't go around selling his services as one. Being a friend to walk through a house you want to buy and seeing if it fits your needs sounds like a non issue. Some people put "Partner review" on contracts and that works (Not a fan of it, but that being the idea).

Legal disclaimer:
I am not a lawyer and do not practice law or contracts in your area, I'm just some dolt on a message board giving his opinion. The opinions expressed may or may not be rooted in truth or just my random thoughts. In no way are they meant to be legal advice and to be honest should most likely just be ignored :)