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A California Pre-Purchase Inspection Is Defined by Statute

By Peter Fields, Lead Inspector (InterNACHI-certified)··14 min read

Buyers ask us what a pre-purchase inspection is before they ask almost anything else.

California defines it in statute. The definition tells you what the inspection is, what a material defect means, and what a home inspection report must contain.

The inspection is one document in a purchase. The appraisal, seller disclosures and wood destroying pest report are three different documents answering three different questions. This page explains where each one fits, what we inspect, what stays outside the inspection, and when to order it.

What the California Business and Professions Code says a home inspection is

Section 7195 of the Business and Professions Code defines a home inspection as a “noninvasive, physical examination” performed for a fee in connection with a transfer of residential real property.

The examination covers the mechanical, electrical and plumbing systems, along with the structural and essential components of a residential dwelling with one to four units. Its purpose is to identify material defects in those systems, structures and components.

That is the statutory core.

The word “transfer” covers a sale, exchange, installment land sales contract, lease with an option to purchase, another option to purchase, or a ground lease coupled with improvements. The one to four unit limit appears in the statute itself.

A material defect is a condition that significantly affects the value, desirability, habitability or safety of the dwelling. Style and aesthetics do not count when deciding whether a system, structure or component is defective.

A dated kitchen is not automatically a material defect. A cracked structural component can be. The code is aimed at conditions that matter to the property’s use, safety or value, not at whether you like the cabinet color.

In plain terms, we examine the accessible house for conditions that can materially affect it. We are not creating a punch list of every cosmetic preference.

What the report has to contain

A California home inspection report must identify the inspected systems, structures and components. It must describe material defects identified and include recommendations about observed conditions or recommendations for evaluation by appropriate persons.

That is Section 7195(c).

The report also has to tell you what was not inspected and why. The ASHI standard says the written report must identify systems and components that were not functioning properly, significantly deficient or unsafe, or near the end of their service lives. It also calls for recommendations and an explanation of items that were not inspected.

A “not inspected” line is doing its job when it tells you where the inspection stopped and why. An inaccessible crawl space, a blocked attic hatch or an unsafe roof area cannot be reported honestly as if it had been examined. Our guide to clearing a “not inspected” line covers what to do about each one.

For a dwelling with a pool or spa, the statute dictates extra report content. The report must identify which of the seven drowning prevention safety features listed in Health and Safety Code 115922(a) are present, state if fewer than two are present, and include the required written statement about a pool isolation fence.

At Inspection.re, our same-day inspection report arrives within 6 to 8 hours. We can also provide a 3D Matterport tour with tagged findings, which lets you return to the location of a reported condition after the inspection. The list of what comes with an inspection shows which tools apply to which property. If the format of the findings is new to you, how to read a California inspection report walks through it.

What an inspector actually looks at, system by system

A standard residential inspection covers the roof, exterior, basement, foundation, crawl space and structure. It also covers heating, cooling, plumbing, electrical, fireplaces, attics, insulation, ventilation, doors, windows and interiors.

InterNACHI lists those areas in Section 3 of its Residential Standards of Practice. ASHI covers the same ground with slightly different groupings. ASHI places the crawl space under structural components and includes attached and detached garages and carports in its covered areas.

Both standards focus on systems and components that are readily accessible and visually observable.

Readily accessible means available for visual inspection without moving personal property, dismantling equipment, using destructive measures or taking actions likely to risk people or property. A home inspection is not a license to take the house apart.

On site, we open the electrical panel cover when it is accessible. We run the dishwasher. We look at the water heater pressure relief pipe. We check the attic from the hatch when the hatch and the attic area can be reached safely. What we see from the hatch, and what we cannot, is laid out in what we read from an attic hatch.

Under the house the same logic applies, and what we check in a crawl space explains where access ends the inspection.

What a pre-purchase inspection does not do

A home inspection does not determine the home’s market value, insurability or advisability of purchase. It does not predict future conditions or establish the remaining life expectancy of every component.

A component at or beyond the end of its useful life is not, by itself, a material defect under the InterNACHI standard. Age can matter. Age alone does not answer every question.

The inspection is not technically exhaustive. It does not identify concealed or latent defects. What is behind the wall stays behind the wall unless another inspection method or specialist addresses it.

The standards do not require the inspector to determine code compliance, the presence of pests, mold, radon, lead paint or asbestos. They also do not require a determination of cause, repair cost or remaining service life.

We are not required to move furniture, plants, debris or personal belongings. We are not required to dismantle systems, open areas that cannot be safely accessed, inspect underground items or enter areas we judge unsafe.

FLIR infrared imaging can show surface temperature patterns. It does not let us see through walls.

That is why some conditions call for a specialist. A sewer scope, radon test, mold assessment or other targeted evaluation answers a narrower question than the general inspection. Inspection.re explains those boundaries in what a home inspection covers and what needs a specialist. Each of the common add-ons has its own page: whether a sewer scope is worth it, where radon testing makes sense, and what air and surface mold tests can tell you.

Four documents answer four different questions

The home inspection asks: what is the observable condition today of the accessible systems and components?

The appraisal asks: what is the property’s value for the appraisal engagement? Section 7196.1(c) says a licensed real estate appraiser performing an appraisal shall not engage in the activity of a home inspector performing a home inspection, except as required to comply with standards set in law or regulation.

The inspection standards also exclude market value and advisability of purchase. An appraiser and a home inspector are not doing the same job.

Seller disclosures ask: what does the seller disclose under the applicable disclosure obligations? Section 7196.1(b) says the home inspection chapter does not affect the seller’s and real estate licensee’s disclosure obligations beginning at Civil Code Section 1102 and Section 2079.

A seller’s electrical notice is a notice, not an inspection, and the SB 382 disclosure shows why. The disclosure may tell you something about the seller’s knowledge or the form’s required information. It does not replace an independent examination. A seller who orders an inspection before listing is doing something different again, and what a pre-listing inspection does and does not do explains it.

The wood destroying pest report asks a different question again. It is a separate report prepared by a registered pest control company. The California Residential Purchase Agreement has a Wood Destroying Pest Inspection and Allocation of Cost Addendum, known as the WPA.

One document does not replace another. A clean appraisal does not mean the plumbing is sound. A home inspection does not establish market value. A pest report does not inspect the entire house.

When to order the inspection

The statute sets no inspection date. The purchase agreement controls the contract timeline.

The printed default for the Investigation of Property contingency is 17 days after Acceptance. The parties can change that period. The buyer has the right, at the buyer’s expense unless otherwise agreed, to conduct inspections, and the form says the buyer may select any professional of the buyer’s choosing.

Order the general inspection as soon as the contract is accepted. The inspection may identify questions that call for a sewer scope, specialist evaluation or another focused inspection. Waiting reduces the time available to act.

The buyer removes a contingency in writing with form CR or cancels with form CC. The contingency does not expire silently. A repair request does not pause the clock, and the seller does not have to agree to the request.

Informational Access to Property is not a contingency. It applies even if contingencies have been removed.

Use the inspection contingency timeline and discuss any decision about waiving the contingency with your agent. The case for and against is in whether to waive the inspection contingency. The purchase agreement is revised periodically, so check the revision date printed at the foot of each page. You can schedule an inspection while the contract timeline is still open.

What the law keeps between the inspector and the deal

Section 7197 lists unfair business practices for a home inspector or inspection company.

An inspector or company may not accept an engagement where the employment or fee depends on the conclusions in the report, preestablished findings or the close of escrow. You are paying for an opinion that does not depend on whether the sale closes.

The inspector or company may not inspect a property in which it has a financial interest or any interest in the transfer. It may not offer or deliver compensation, an inducement or a reward to the owner, broker or agent for a referral.

The inspector or company also may not perform or offer repairs, for an additional fee, to a structure on which it prepared a home inspection report during the previous 12 months. The statute includes narrow exceptions for a C-39 roofing contractor doing a roof certification and a C-36 plumbing contractor doing sewer lateral repairs, with written consumer disclosure and the right to a second opinion. When the report names a trade, which contractor license matches the referral is the next question.

Section 7196 requires a home inspector who is not licensed as a general contractor, structural pest control operator or architect, and who is not registered as a professional engineer, to use the degree of care a reasonably prudent home inspector would exercise.

Section 7198 says contractual provisions that waive this duty of care or limit liability to the cost of the report are contrary to public policy and invalid. Section 7199 says the time for starting a legal action for breach of duty arising from a report shall not exceed four years from the inspection date. Questions about a specific claim belong with an attorney.

None of this tells you what an inspection should cost. Our piece on what a California home inspection costs lists the questions to put to any inspector before you compare quotes.

What to hand your inspector, what to do on the day, and what to do with the report

Send the inspector the property address, square footage or size information available to you, year built, number of units, pool information and details about detached structures.

Give the inspector the contingency end date. The date affects how quickly the report and any specialist referrals need to move.

Utilities should be on. Pilot lights should be lit. Keys, gate codes and access instructions should be ready. The attic hatch and electrical panel should be reachable.

Tenant-occupied properties, foreclosures and bank-owned homes can have access limits. Tell the inspection company what you know before the appointment. The tenant-occupied inspection guide covers one set of access issues, and inspecting a bank-owned home covers another.

Attend the last hour or the walkthrough if you can. Ask the inspector to show you the main water shutoff, electrical panel and gas shutoff. Those locations matter after the inspection too. If you have never sat through one, what the appointment looks like start to finish is worth a read the night before.

Once the report arrives, the purchase agreement gives you three basic paths. You can remove the investigation contingency, request repairs or cancel according to the contract.

A repair request does not stop the clock. The seller does not have to agree to repair requests. If you seek a repair, write the request clearly and keep the contract deadline in view.

The form also requires the buyer to give the seller complete copies of investigation reports at no cost. That includes the reports you obtain as part of the investigation process.

If the seller agrees to work, get the agreement in writing. Verify completed repairs before closing. Inspection.re’s guide to verifying repairs before close of escrow explains why a promise and a completed repair are different things.

Quick answers about California pre-purchase inspections

Is a home inspection required in California?

The code defines a home inspection, but it does not require every buyer to order one. The purchase agreement gives the buyer the right to investigate and strongly advises investigating the entire property. Some lenders or insurers may ask for inspections. Whether to proceed is the buyer’s decision with the buyer’s agent.

How long does a home inspection take?

It depends on the size, age, systems and access at the property. Our report arrives the same day, within 6 to 8 hours.

Does a home inspection include a termite report?

No. A wood destroying pest inspection is a separate report prepared by a registered pest control company.

Can I attend the inspection?

Yes. Ask the inspector. We like when the buyer is there for the last part, when questions can be answered at the house and the main shutoffs can be shown.

Is a home inspection the same as an appraisal?

No. The inspection examines accessible systems and components for observable conditions. The appraisal is a different engagement concerning value, and Section 7196.1(c) separates the appraisal activity from the activity of performing a home inspection.

The honest summary

A California pre-purchase inspection is a noninvasive examination of accessible systems, structures and components in a one to four unit residential dwelling. It identifies observed conditions that may materially affect value, desirability, habitability or safety. It does not see concealed conditions, set market value or replace seller disclosures, an appraisal or a pest report.

Start with what is included, read the frequently asked questions, review a sample inspection report and book an inspection.

We inspect across the state, including San Francisco, Los Angeles, San Diego and San Jose.

We inspect houses. We do not practice law, so questions about the purchase agreement belong with your agent or attorney.

Who hires the inspector, and what keeps the inspector independent of the sale, is a separate question from what the inspection covers. We answer it in what a third-party home inspection means on a California purchase.

Once the report is in hand, the next question is usually which of its repairs are mandatory.

When you shortlist companies for the pre-purchase inspection, read their reviews for what they can show and test the rest with a sample report.

What happens after the report arrives is covered in our guide to asking the seller for repairs or a credit.

After the report, separate safety, water and lender items from cosmetic and age-only notes before anything goes to the seller.

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