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| Please review
"CREIA Code of Ethics" |
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understand a Professional
Inspection |

CREIA
The California Real Estate Inspection
Association

CREIA CODE OF ETHICS -
SECTION A
PREAMBLE
The members of the California Real Estate Inspection
Association (CREIA) are committed to providing quality and professional service
to the public. This Code of Ethics sets forth principles and rules of conduct
enforced by CREIA through specific procedures contained in Section B, Judicial
Procedures. This Code of Ethics is applicable to all CREIA members as defined in
the CREIA bylaws.
PRINCIPLE 1: QUALITY OF
CARE
- Members shall commit to ongoing professional
development and education as established by the CREIA Board of Directors and
the CREIA bylaws.
PRINCIPLE 2: INDIVIDUAL
RIGHTS
- Member shall strive to recognize and respect the
rights, dignity and individuality of all persons. A member shall not
unlawfully discriminate or knowingly permit unlawful discrimination on the
basis of race, national origin, sex, sexual orientation, religion, age or
disability.
PRINCIPLE 3: REPRESENTATION OF CARE AND
FEES
- Members shall make no representations regarding
their services or qualifications that are false or misleading in any material
respect.
- Members shall fully disclose all applicable
charges for services, as well as the general scope of the services prior to
conducting an inspection or providing other services. Members shall not
inspect for a fee any property in which the inspector, or the inspector’s
company, has any financial interest or any interest in the transfer of the
property.
- Members shall not offer or deliver any
compensation, inducement, or reward to the owner of the inspected property,
the broker, or agent, for the referral of any business to the inspector or the
inspection company.
PRINCIPLE 4: CONFLICTS OF
INTEREST
- Members shall avoid conflicts of interest with
regard to their professional activities, financial considerations or other
interests. At such time as a member becomes reasonably aware that an actual,
apparent or potential conflict of interest exists, the member shall refrain
from providing services or opinions until full disclosure has been made, and
the conflict waived in writing by the appropriate parties.
- Members shall not perform or offer to perform, for
an additional fee, any repairs or associated services to a structure on which
the inspector, or the inspector’s company, has prepared a home inspection
report.
PRINCIPLE 5: CONDUCT OF
MEMBERS
- Members shall refrain from making derogatory
comments regarding other Members or other persons involved in the real estate
or home inspection professions, including the CREIA staff.
- Members shall pledge themselves to the continued
pursuit of increasing their knowledge, education, training and experience so
that consumers of home inspection services can rely upon the competence of
home inspectors.
- Members shall not engage in any conduct that is
detrimental to the reputation or the best interests of CREIA or the home
inspection industry.
CREIA CODE OF ETHICS - JUDICIAL
PROCEDURES - SECTION B
PREAMBLE
The Ethics Committee is comprised of the Ethics
Chairperson and the CREIA Executive Committee. It is the duty of each CREIA
member to promptly and confidentially report, in writing, any evidence of
another member engaging in unethical practices or other violations of this code
of Ethics. The report shall cite the specific applicable principle of the Code
of Ethics that has allegedly been violated. Members shall submit in writing all
questions and disputes regarding interpretation of the Code of Ethics for
investigation and resolution. This submittal shall cite specific principles of
the Code of Ethics that are in question or dispute.
- PROFESSIONAL CONDUCT: The
professional conduct of the Members shall be governed by the CREIA Code of
Ethics.
- PLEDGE: Every member by joining
or renewing membership in CREIA pledges to adhere to this Code of
Ethics.
- CONDUCT SUBJECT TO DISCIPLINE: A
member may be subject to disciplinary sanctions, if the member has:
- Been convicted by a court of competent
jurisdiction of committing a felony while holding membership in
CREIA.
- Violated CREIA’S Code of Ethics, policies, rules,
regulations or bylaws as determined by the Ethics Committee.
- Had a civil judgment entered against them for
negligence arising out of their performing a home inspection or related
services.
In the event of (a) or (c) above, the Member shall
have an affirmative obligation to notify the Ethics Committee in writing in an
expeditious manner about said occurrence.
- INITIATION OF COMPLAINTS:
Complaints raising disciplinary considerations against a member may be made by
any interested party. All complaints must be submitted to the Ethics Committee
in writing and supported by credible and relevant evidence.
- PRELIMINARY INVESTIGATION OF
COMPLAINTS: The Ethics Committee shall make an initial investigation
into all written complaints. It shall collect credible and relevant evidence
related to the complaint. It shall determine the precise nature of the conduct
that is the subject of the complaint, whether there is any factual basis to
support the alleged misconduct, and whether such conduct, if proven by a
preponderance of the evidence, would constitute a violation of the Code of
Ethics. The member against whom a written complaint has been made shall be
informed that a preliminary investigation is being conducted and that he/she
will be informed of its results. The complained against member may be asked to
comment, orally or in writing, to the Committee. After the completion of the
preliminary investigation, the Committee will determine whether the
information obtained can reasonably be interpreted to constitute a violation
of the Code of Ethics. A decision not to commence any disciplinary proceedings
against a member shall be made known to the member in question and the
complaining party.
- DUE PROCESS: A decision to
commence disciplinary proceedings will initiate the following mandatory
requirements: written notice of all charges to the parties, 30 days advanced
written notice of a hearing, and a hearing before the Ethics Committee where
the parties will be provided a reasonable opportunity to present their
respective charges and defenses. After considering the evidence, the Committee
will make a decision by majority rule on whether the charges against the
Member were proved by a preponderance of the evidence.
- CONFIDENTIALITY: Confidentiality
by the members of the Ethics Committee is to be strictly maintained during the
judicial proceedings except to the extent reasonably necessary for a full
review of the facts.
- DISCIPLINE: The Ethics Committee
may impose any of the following sanctions in the event the Committee finds
that a Member violated the Code of Ethics after conducting a due process
hearing.
- Censure: a written record of
censure shall be placed in the permanent record of the Member and a copy shall
be sent by first class mail, return receipt requested. The returned receipt
shall be placed in the member’s permanent record.
- Suspension: means that all
membership rights and privileges are forfeited during the suspension period.
Suspension shall be unconditional and for a specified period at the
termination of which full membership rights and privileges will be reinstated.
A written record of suspension shall be placed in the permanent record of the
Member and a copy shall be sent by first class mail, return receipt requested.
The returned receipt shall be placed in the member’s permanent
record.
- Expulsion: means that all
membership rights and privileges are revoked unconditionally. A written record
of expulsion shall be placed in the permanent record of the Member and a copy
shall be sent by first class mail, return receipt requested. The returned
receipt shall be placed in the member’s permanent record.
Upon written application, for good cause shown, and
in the sole discretion of the Ethics Committee, an expelled individual may be
reinstated to
all rights and privileges as a Member in good
standing.
- DECISION: The decision of the
Ethics Committee, following the hearing shall be subject to the ratification
of the Board of Directors. Every decision, whether for acquittal, censure,
suspension, or expulsion, shall be presented in writing and shall specify the
charges made against the member, the facts presented in substantiation and/or
refutation of the charges, the verdict rendered, and the penalty, if any,
imposed. Following the review of the Board of Directors, notice of the
decision shall be sent by return receipt requested mail to the member. Such
notice shall also inform the member of the right of appeal. The findings of
the Ethics Committee, as ratified by the Board of Directors, shall be final
and binding on the affected parties. The decision, as ratified by the Board of
Directors, may be made public in the sole discretion of the Ethics
Committee.
- APPEAL: The member may appeal the
decision of the Ethics Committee and the Board of Directors by filing a
statement of particulars with the Executive Director of CREIA, no later than
sixty (60) days after the mailing decision accompanied by a request for a
hearing before the Appeals Board.
- APPEALS BOARD: The Appeals Board
shall be composed of three (3) members to be selected by the current President
of CREIA. This Board shall be comprised of Past-president, past-Board members
and/or past-Ethics Committee members. All decisions shall be stayed pending
appeal. All notice and hearing requirements shall be applicable to appeals to
the Appeals Board. When feasible, the Appeals Board shall hold its hearing at
the next Board of Directors meeting following the receipt of the notice to
appeal. The decision of the Appeals Board following the appeal shall be final.
The Appeals Board has the right, after review of the incident, to terminate
the appeals process, if, in the opinion of the Appeals Board, further appeal
is not warranted.
- HOLD HARMLESS: Every member of
the CREIA does waive the right to hold the CREIA, its director, officers,
members and/or employees responsible for any damage, pecuniary or otherwise,
which may result from discipline associated with disciplinary proceedings
against said member.
INTERPRETATION AND APPLICATION
OF CODE OF ETHICS
The preceding statements constitute the Code of
Ethics of the California Real Estate Inspection Association. Problems involving
questions of ethics will be solved within the broad boundaries as established in
this Code of Ethics. Members found guilty of unethical conduct as described in
the CREIA Code of Ethics are subject to penalties.
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