Tennessee SB 1156: Civil Procedure - As introduced, sets the statute of limitations of certain causes of actions arising from a home inspection or home inspection report to one year; prohibits contractual waiver of the limitation; limits home inspector liability relative to certain defects; prohibits disciplinary actions taken by the commissioner from being the sole basis for civil or criminal cause of actions against the home inspector. - Amends TCA Title 28; Title 62, Chapter 6, Part 3 and Title 66, Chapter 5.

Bill Text

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HOUSE BILL 361
By Zachary

SENATE BILL 1156
By Hensley

AN ACT to amend Tennessee Code Annotated, Title 28;
Title 62, Chapter 6, Part 3 and Title 66, Chapter 5,
relative to limitation of actions brought against
home inspectors.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 62-6-302, is amended by adding the
following as new subdivisions:
( ) “Component” means a readily accessible and observable aspect of a
system, such as a floor, or wall, but not individual pieces such as boards or nails where
many similar pieces make up the component;
( ) “Dismantle” means to take apart or remove any component, device or piece
of equipment that is bolted, screwed, or fastened by other means and that would not be
dismantled by a homeowner in the course of normal household maintenance;
( ) “Normal operating controls” means homeowner operated devices such as a
thermostat, wall switch, or safety switch;
( ) “Readily accessible” means approachable or enterable for visual inspection
without the risk of damage to any property or alteration of the accessible space,
equipment, or opening;
( ) “System” means a combination of interacting or interdependent components,
assembled to carry out one (1) or more functions;
SECTION 2. Tennessee Code Annotated, Title 62, Chapter 6, Part 3, is amended by
adding the following as a new section:
(a) Notwithstanding title 28, chapter 3, part 1, a cause of action to recover
damages suffered by a client as a result of any act or omission of a home inspector

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relative to a home inspection or home inspection report must be commenced within one
(1) year from the date the report is completed.
(b) The limitation in subsection (a) applies to all actions against a home
inspector based on a home inspection or home inspection report, regardless of whether
the action is based on breach of contract, personal injury or death, property damage, or
another source of liability, except that the limitation in subsection (a) is not applicable to
an action based on gross negligence or intentional misconduct by the home inspector.
The limitation in subsection (a) shall not be waived in a contract for home inspection
services.
(c) A person shall not bring a cause of action against a home inspector for
damages that arise from an act or omission of the home inspector relating to a home
inspection report or home inspection unless the person was the client for whom the
home inspection was conducted.
(d) A home inspector is not liable for any defect that may be contained in the
readily accessible systems and components of residential buildings that have been
inspected pursuant to a home inspection if:
(1) The defect could not have been discovered by a visual inspection;
(2) The system or component functions by normal operating controls; or
(3) Discovering the defect would require dismantling equipment.
SECTION 3. Tennessee Code Annotated, Section 62-6-308(c), is amended by adding
the following to the end of the subsection:
Disciplinary action taken against a home inspector by the commissioner pursuant to this
part shall not, in and of itself, be the basis for a civil or criminal cause of action against
the home inspector.
SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring
it, and shall apply to home inspections completed on or after the effective date of this act.