2010 New York Code
RPP - Real Property
Article 12-B - (444-A - 444-Q) HOME INSPECTION PROFESSIONAL LICENSING
444-G - Duty of care of home inspectors.

§  444-g.  Duty  of  care  of home inspectors. 1. Every home inspector
  shall comply with  the  provisions  of  this  article,  and  the  rules,
  regulations  and  standards  adopted pursuant thereto. The duty of every
  home inspector shall be to the client.
    2. Every home inspector shall display his or her  license  number  and
  status  as a licensed home inspector on every home inspection report and
  in all advertising. Upon request of any client or interested party to  a
  real  estate  transaction, every home inspector shall provide such proof
  of licensure pursuant  to  this  article  as  shall  be  issued  by  the
  secretary for such purpose.
    3.  No  later  than  five business days after the completion of a home
  inspection on behalf of a client, each home inspector shall provide such
  client with a written report of the findings  of  such  inspection.  The
  home  inspection  shall  clearly  identify  in  the written report which
  systems and components of the residential building were observed.  Every
  such  written  report  and  the  information  contained therein shall be
  deemed confidential and shall  not  be  disclosed  without  the  express
  consent    of   the   client;   provided,   however,   that   department
  representatives, conducting an investigation or other official  business
  for  the  purpose  of  enforcing this article, shall have access to such
  reports and the information contained therein.
    4. No home inspector shall:
    (a) perform or offer to perform, for any additional fee,  any  repair,
  improvement  or  replacement of any component or system in a residential
  building for  which  such  inspector,  or  partner  thereof  shall  have
  prepared  a  home  inspection  report prior to the close of escrow. This
  paragraph shall not  include  repairs  to  components  and  systems  not
  included in the standards of practice adopted pursuant to this article;
    (b)  inspect any residential building in which such inspector, partner
  or relative thereof has a financial interest  or  any  interest  in  the
  transfer thereof, including the receipt of any commission as an agent;
    (c)  offer  to  provide  or  provide  any  commission, referral fee or
  kickback to the seller of any inspected residential building, or to  the
  agent  of  either or both the seller and buyer of such building, for the
  referral of any business to such inspector or partner thereof; or
    (d)  agree  to  perform  any  home  inspection  or  prepare  any  home
  inspection  report  for  which  compensation or employment is contingent
  upon the conclusions of the home inspection report,  pre-established  or
  prescribed findings, or the closing of a real estate transaction.
    Nothing  in  this  article  authorizes  a  home  inspector to practice
  engineering or architecture.