Obligation to recommend a building inspector who has professional liability insurance

Section 81 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising provides that a broker or agency executive officer must notably “recommend to the person proposing to acquire an immovable that the person have a full inspection performed by a professional or a building inspector who […] has professional liability insurance covering fault, error and omission”.

The same section also stipulates that the broker or agency executive officer may “furnish a list of more than one professional or building inspector meeting the requirements”.

What is a professional?

The term “professional” refers to a member of a professional order who is qualified to carry out building inspections, such as an architect, engineer, building technologist or a certified appraiser.

Attention! An entrepreneur, a master electrician or a plumber is not covered by the terms “professional or building inspector.”  If, despite your recommendations, a buyer insists on dealing with a person other than a professional or a building inspector, you must amend the inspection clause of the Promise to purchase. To learn more, read the answer to question 4 of the Frequently Asked Questions – Real estate brokerage forms.

Thereby, the broker or agency executive officer who recommends a building inspector member of a professional order or a recognized association of building inspectors is deemed to have made the necessary prior checks and made sure that this inspector meets the requirements of section 81, particularly in regard to insurance.

In addition, the broker or agency executive officer may still refer his client to a building inspector who is not a member of a professional order or an association recognized by the OACIQ. In such a case, the broker or agency executive officer must make sure to verify whether the inspector he recommends meets each of the requirements set out in section 81, including that of having professional liability insurance covering fault, error and omission.

For this purpose, we encourage you to read on our website the article entitled “Building inspection guide: broker’s responsibilities”.