OIC Legal Framework & Constitutional Law 5

Question 1

An Oregon home inspector suspects a property contains lead-based paint but is not EPA-certified as a lead inspector. The inspector should:

Accepted Answer

Note the potential concern and recommend evaluation by a certified lead inspector

Answer

Inspectors not certified for lead testing must stay within their scope, noting visible concerns and referring clients to appropriately certified professionals.

Question 2

The Oregon Home Inspector Certification Act's primary purpose is to:

Accepted Answer

Protect the public by establishing minimum competency standards for home inspectors

Answer

Like most professional licensing statutes, the Act's stated purpose is consumer protection through minimum competency and ethical standards.

Question 3

Under Oregon's comparative fault system, if a home buyer is found 30% at fault for their own damages (e.g., ignoring a visible defect), and the inspector is 70% at fault, the buyer's recovery is:

Accepted Answer

Reduced by 30% of the total damages awarded

Answer

Oregon follows modified comparative fault (ORS 31.600), reducing the plaintiff's recovery by their percentage of fault as long as their fault does not exceed 50%.

Question 4

An inspector is asked to sign a pre-inspection agreement that contains an arbitration clause. Under Oregon law, such clauses are:

Accepted Answer

Generally enforceable if the agreement meets FAA and Oregon contract standards

Answer

Arbitration clauses in inspection agreements are generally enforceable under the Federal Arbitration Act and Oregon contract law if they are clearly disclosed and not unconscionable.

Question 5

Which of the following actions would constitute practicing as a home inspector in Oregon without proper certification?

Accepted Answer

Charging a fee to provide a written inspection report on a residential property for a buyer

Answer

Providing a fee-based written inspection report to a buyer on a residential property triggers Oregon's certification requirements.

(OIC) Oregon Inspector Certification Practice Test

(OIC) Oregon Inspector Certification Practice Test

OIC Legal Framework & Constitutional Law 5