Naming a business, combining 2 servicesWe want to start a business doing home repair and home inspection an would like to name the business both. Can we legally do it? We know we can not inspect a home that we have repaired nor repair a home we have inspected for 2 years after last service. If we put that in the documentation can we do it? Thanks. Attorney answers (1)
Note - the folowing is provided as general information only, based on uncertain and limited facts, and does not constitute legal advice with regard to any specific situation or circumstances.
Certified home inspectors and businesses in Wisconsin are subject to the regulations set forth in Wisconsin Statutes, section 440.97. For the most part, general home repair businesses are not specifically regulated by statute, except where licensure is required, such as with electrical and plumbing work. Wis. Stats. section 440.97 can be found here (Scroll down document to 440.97): http://www.legis.state.wi.us/statutes/Stat0440.pdf The statutes do not include a prohibition on naming the business to include both home repair work and home inspection work, however, they do address some specific circumstaces under which doing so could expose you to potential violations of the rules. In particular, be sure you understand the rules set forth under Section 440.978(2) with regard to prohibited actions by home inspectors. Be aware that laws are typically more nuanced than a simple yes or no answer would suggest. For instance, as you noted, the statutes address the issue of an inspector performing repairs on an inspected property, but it is not an absolute 2 year prohibition - it is rather a qualified rule. That is to say you CAN do repair work on a home that you have inspected, if specifc conditions are satisfied. As you have already noted, the regulations prohibit the inspector from performing repair work fortwo years after an inspection on an inspected property UNLESS the owner had agreed (in writing) to have the work done by the inspector PRIOR to the inspection. 1 person marked this answer as good
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