20:74:06:05General exclusions and limitations.
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
The following general exclusions and limitations apply to home inspectors: (1) An inspector is not required to report on: (a) The life expectancy of any component or system; (b) The causes of the need for a major repair; (c) The methods, materials, and costs of a major repair; (d) The suitability of the property for any specialized use; (e) Compliance or noncompliance with applicable regulatory requirements; (f) The market value of the property or its marketability; (g) The advisability or inadvisability of purchase of the property; (h) Any component or system which was not observed; (i) The presence or absence of pests such as wood damaging organisms, rodents, or insects; or (j) Cosmetic items, underground items, or items not permanently installed; (2) An inspector is not required to: (a) Offer to perform or perform any act or service contrary to law; (b) Offer warranties or guarantees of any kind; (c) Calculate the strength, adequacy, or efficiency of any system or component; (d) Enter any area or perform any procedure which may damage the property or its components, or be dangerous to the inspector or other persons; (e) Operate any system or component which is shut down or otherwise inoperable; (f) Operate any system or component which does not respond to normal operating conditions; (g) Disturb insulation, move personal items, furniture, equipment, plant life, soil, snow, ice, or debris, which obstructs access or visibility; (h) Determine the presence or absence of any suspected hazardous substance, including, but not limited to toxins, carcinogens, noise, or contaminants in soil, water, and air; (i) Determine the effectiveness of any system installed to control or remove suspected hazardous conditions; (j) Predict future conditions, including but not limited to failure of components; or (k) Evaluate acoustical characteristics of any system or component.
Source: 28 SDR 28, effective September 2, 2001.