What must Oklahoma home inspectors report about foundations?
In short: In Oklahoma, licensed home inspectors must inspect the foundation and describe any signs of foundation or structural movement, then recommend correction, further evaluation or monitoring. They are not required to find the cause, choose a repair method, judge geotechnical conditions or estimate repair costs. That leaves diagnosis to engineers and other specialists.
Who regulates home inspectors in Oklahoma?
Home inspection in Oklahoma is regulated under Title 158, Chapter 70 of the Oklahoma Administrative Code. The Construction Industries Board issues home inspection licenses, and no one may perform or offer home inspection work, including by advertising, without a valid license from the Board unless legally exempt 2. Licensees must report a change of business address to the Board in writing within 30 days 2.
For building permits, contractor rules and related topics, see codes and permits and real estate disclosure and inspections.
What must inspectors check?
Under OAC 158:70-1-3, the structural part of a home inspection covers 1:
- The foundation, including slabs, piers, columns, posts and stem walls 1.
- Floor, wall, roof and ceiling structures 1.
- Moisture conditions in the crawl space, basement and attic, and signs of harmful water getting into structural parts 1.
A stem wall is the short concrete or block wall that rises from a footing to carry the house frame. See foundation types for more.
What must go in the report
| Requirement | What the standard says |
|---|---|
| Describe structure | Describe the foundation, floor, roof, ceiling and wall structures 1 |
| Movement | Describe "indicators of foundation or structural movement" 1 |
| Crawl space and attic | Enter them to judge general condition, or state in the report how they were observed 1 |
| Probing | Probe structural parts where deterioration is suspected or clearly indicated 1 |
| Problems | Report structural components that are not in normal working order, with the reason if not self-evident 1 |
| Next steps | Recommend correction, further evaluation or monitoring of reported conditions 1 |
Typical "indicators of movement" a homeowner might see in a report include sloping floors, diagonal drywall cracks at openings and stair-step brick cracks.
What are inspectors not required to do?
The same standard lists limits on the inspection 1:
- Cause and repair: inspectors need not determine the causes of any condition or defect, or the methods or materials for repair 1.
- Structural adequacy: they need not determine the strength, adequacy or effectiveness of any component, its remaining life, or whether it will fail in the future 1.
- Costs: inspectors must not estimate repair costs 1.
- Geotechnical conditions: soil and subsurface conditions are excluded from the exterior inspection requirements 1.
- Invasive work: inspectors need not perform invasive or destructive inspection 1.
- Hidden defects: the standards do not require finding concealed conditions or latent defects 1.
Crawl space and attic entry limits
| Space | Entry not required if |
|---|---|
| Crawl space or foundation area | Headroom under 18 inches, access opening under 18 by 24 inches, excessively wet, or hazardous to the inspector 1 |
| Attic | Headroom under 30 inches, access opening under 18 by 24 inches, or hazardous to the inspector 1 |
For homes on pier and beam crawl spaces, this means a report may state that the crawl space was observed only from the access opening 1.
What must Oklahoma sellers disclose about foundations?
The Residential Property Condition Disclosure Act applies to homes with one or two dwelling units 5. Sellers must give the buyer either a disclaimer statement (only for sellers who never occupied the home and know of no defects) or a disclosure statement of conditions they actually know about, delivered before an offer to purchase is accepted 5. If the seller later learns of a defect, an amended disclosure is required 5.
The state disclosure form asks directly about foundations 6:
| Question | Wording |
|---|---|
| 12 | Whether the seller is aware of any previous foundation repairs 6 |
| 14 | Any defect or condition affecting walls, slab/foundation, basement, floors, windows, doors and similar parts 6 |
| 21 | Major fire, tornado, hail, earthquake or wind damage 6 |
A buyer may sue for failure to deliver the statement or to disclose a known defect; the remedy is actual damages, including repair costs, and the action must be filed within two years after the date of transfer 5. See real estate disclosure and inspections for more.
What time limits apply to foundation and construction claims?
| Claim type | Time limit |
|---|---|
| Tort claims over deficient design or construction of an improvement to real property | Barred after 10 years from substantial completion (statute of repose) 3 |
| Written contract | 5 years 4 |
| Oral or implied contract | 3 years 4 |
| Trespass upon real property | 2 years 4 |
| Fraud | 2 years, counted from discovery of the fraud 4 |
A statute of repose is an outer deadline that runs from completion of the work, regardless of when damage is discovered 3.
What consumer protections apply to in-home sales?
- Cancellation: The federal Cooling-Off Rule gives buyers until midnight of the third business day to cancel many sales made at their home, and the seller must explain this right and provide cancellation forms at the time of sale 9.
- Deceptive practices: Oklahoma's Consumer Protection Act lists unlawful practices, including falsely claiming that services or repairs are needed 7.
For contract terms, warranties and lien rules, see contracts, warranties and liens.
Who licenses contractors, and are permits needed?
The Construction Industries Board regulates plumbers, electricians, mechanical tradespeople, home inspectors, building inspectors and roofing 8. General contracting and foundation repair are not on that list 8.
Permit rules are set by each city:
- Tulsa: For repairs that do not add space, construction plans are required when damage is extensive or structural 10. All residential properties must accept and convey drainage without damaging adjoining properties 10.
- Oklahoma City: Permits are required to construct, alter, repair, enlarge, move or demolish a structure, and certain trades must also register with the city to work within city limits 11.
See codes and permits for building code topics and surface drainage and grading for drainage.
What happens after the inspection?
Home inspectors identify signs of movement but are not required to determine causes or perform engineering services 1. A report recommending "further evaluation" usually leads to a structural engineer or another specialist who examines cause, often using an elevation survey and soil information. The working with engineers guide explains what that evaluation typically includes.
Related
- Real estate disclosure and inspections
- Contracts, warranties and liens
- Codes and permits
- Inspection protocol
- Working with engineers
Common questions
Does an Oklahoma home inspector have to report foundation problems?
Yes. Oklahoma's standards require inspectors to inspect the foundation and describe indicators of foundation or structural movement, and to recommend correction, further evaluation or monitoring of reported conditions.
Will a home inspector tell me what caused the foundation movement?
Not necessarily. The Oklahoma standards say inspectors are not required to determine the causes of any condition or defect, or the methods or materials for repair.
Does a home inspector have to go into the crawl space?
Inspectors must enter the crawl space or state how it was observed, but entry is not required if headroom is under 18 inches, the access opening is smaller than 18 by 24 inches, or the space is excessively wet or hazardous.
Who licenses home inspectors in Oklahoma?
The Construction Industries Board. No one may perform or advertise home inspection work without a valid license from the Board unless legally exempt.
How long does an Oklahoma buyer have to sue over an undisclosed foundation defect?
Under the Residential Property Condition Disclosure Act, a purchaser's action must be brought within two years after the date of transfer, and the remedy is actual damages such as repair costs.
Is there a time limit on construction defect claims in Oklahoma?
Yes. Oklahoma's statute of repose bars tort claims over design or construction deficiencies in an improvement to real property brought more than ten years after substantial completion.
Sources
- Okla. Admin. Code 158:70-1-3, Standards of workmanship and practice Justia Regulations (Oklahoma Administrative Code)
- Okla. Admin. Code 158:70-5-1, Home inspection license requirements Justia Regulations (Oklahoma Administrative Code)
- Oklahoma Statutes §12-109, Limitation of action to recover damages arising from design, planning or construction of improvement to real property Justia (Oklahoma Statutes)
- Oklahoma Statutes §12-95, Limitation of other actions Justia (Oklahoma Statutes)
- Residential Property Condition Disclosure Act Oklahoma Real Estate Commission
- Appendix A. Residential Property Condition Disclosure Statement Oklahoma Real Estate Commission
- Oklahoma Statutes §15-753, Unlawful practices Justia (Oklahoma Statutes)
- About the Construction Industries Board Oklahoma Construction Industries Board
- Buyer's Remorse: The FTC's Cooling-Off Rule May Help Federal Trade Commission
- Residential Building Permit Process City of Tulsa Development Services
- Building & Trade Permits City of Oklahoma City
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