ASHI Leads Legislation Drive In Michigan

[James H. Bushart]

The...(ahem)...Michigan Association of Home Inspectors (aka ASHI) seems to have bamboozled some folks to put new life in a dead bill.

Do you guys plan to fight this, or is it just time to grab your ankles?

[James H. Bushart]

Here are the finer points of the measure being pushed by the make-believe "coalition":

HOUSE INSPECTION BILL

A bill that would license home inspectors in Michigan is being drafted at the request of state Rep. Frank Accavitti Jr., D-Eastpointe. The Michigan Association of Home Builders has said it opposes regulation for regulation's sake, but it will support a law that has teeth.

The association favors:

Establishing a governing board with the power to investigate complaints and call witnesses. It also would have the authority to refer cases to the attorney general for further investigation and possible prosecution.

Protecting of the home inspector-client relationship from interference by real-estate agents, sellers, mortgage lenders, mortgage brokers and others who might attempt to improperly influence the inspector.

Setting meaningful minimum standards for training and continuing education.

Requiring sound moral character of inspectors, who have access to private property.

Outlawing obvious conflicts of interest.

Clearly spelling out a complaint process for consumers.

Establishing meaningful penalties for violating the act and provisions for enforcement.

[nwagner]

Let me guess, the REAL charactoristics of the bill are typical of most licensing laws:

Either a lethagic board that only investigates complaints that are considered politically juicy or an over-zealous board that literally socializes the state's HI industry

A vague and toothless anti-conflict of interest provision that realtors and softie inspectors are free to exploit while clients have a false sense of security

Virtually unenforced and horrendously low standards of practice that significantly increase the amount of unqualified 1-hour-special inspectors

"Character Tests" which consist of nothing more than a simple background check; a method which doesn't screen out many "character flaws"

Doesn't outlaw an obvious conflict of interest- Realtor influence in the selection process of a home inspector

A complaint process for clients that is inefficient and leaves many merited complaints uninvestigated

Set penalties that are often reduced or eliminated as a "plea bargain" or a "special circumstance" with the offending home inspector

[William J. Decker]

I would respomd with the following questions:

1) The local AHJ is already in place and being funded. Whey didn't they find this problem?

2) The Realtor already has disclosure laws. Why didn't they find this problem.

3) Was the house inspected? Why didn't the inspector, who serves only the client and has no legal authority (because the local AHJ and the Realtor disclosure laws alreay have the authority of law) call this out.

Why are they blaming the last line of defense when the first two are already in place, and there under force of law?

Think about it.

[Brian E. Kelly]

Originally Posted by jbushart

The...(ahem)...Michigan Association of Home Inspectors (aka ASHI) seems to have bamboozled some folks to put new life in a dead bill.

Do you guys plan to fight this, or is it just time to grab your ankles?

This is disclosure issue and the seller should be held liable.

[Nick Gromicko]

We've met with Frank Accavitti many times http://www.nachi.org/semichiganchapter.htm and each time he assured us that the Kindergarten NHIE would not be used in Michigan.

[Nick Gromicko]

Update: The following came from a recent article dated Sunday August 29th, 2004 and quotes State Representative Frank Accavitti.

Inspect the inspectors
Lawmakers introduce bills requiring home inspectors to receive training, be licensed
By DOUG HENZE
Of The Daily Oakland Press

"While Accavitti says the three major home inspector trade groups-the American Society of Home Inspectors, the National Association of Home Inspectors, and the National Association of Certified Home Inspectors - have signed off on the licensing bill, some local inspectors say they hate the idea." "Im dead set against it," said Mel Jacobs, Great Lakes Chapter president of ASHI...

"Accavitti, who already has drafted a substitute bill to address the concerns inspectors have brought to him, said ASHI has tried to establish its test as the state's. "That's not going to happen in the state of Michigan," he said, explaining that the law won't be designed to give any organization an advantage

[Nick Gromicko]

I (along with NACHI TV) am going to hold Frank Accavitti to his promise that ASHI's Kindergarten NHIE will not be used.

[bemelander]

Just to set things straight Michigan Association of Home Inspectors is not aka ASHI. It is a group of home inspectors that want to see good licensing. They are members of all organizations, ASHI, NAHI and yes NACHI.
Bill

[James H. Bushart]

Originally Posted by bemelander

Just to set things straight Michigan Association of Home Inspectors is not aka ASHI. It is a group of home inspectors that want to see good licensing. They are members of all organizations, ASHI, NAHI and yes NACHI.
Bill

Who is the president of this coalition and what association does he belong to?

[Jason A. Sieg, CMI]

Originally Posted by jbushart

Who is the president of this coalition and what association does he belong to?

http://www.michahi.org/

As for Mich AHI not being A$HI driven... they do promote the SE A$HI chapter meetings on their website.

I guess I will have to see if they will post the Great Lakes-East Chapter Events.

As for legislation in Michigan, I have not heard of anything going on in a long time. Is there a new bill that has been drafted? Where can I find a copy of it?

The last time I saw anything it must have been about two years ago and it never made it anywhere.

[Larry D. Kage]

Originally Posted by jsieg

As for legislation in Michigan, I have not heard of anything going on in a long time.
The last time I saw anything it must have been about two years ago and it never made it anywhere.

Some past newsletters:

[James H. Bushart]

Any NACHI members here?

http://www.michahi.org:80/

[James H. Bushart]

Originally Posted by jsieg

http://www.michahi.org/

As for Mich AHI not being A$HI driven... they do promote the SE A$HI chapter meetings on their website.

I guess I will have to see if they will post the Great Lakes-East Chapter Events.

As for legislation in Michigan, I have not heard of anything going on in a long time. Is there a new bill that has been drafted? Where can I find a copy of it?

The last time I saw anything it must have been about two years ago and it never made it anywhere.

They are ITA and ASHI driven.

I suppose it is an official acceptance on ASHI's part that they represent only a small minority of home inspectors and, as a force in affecting legislation, they are too small of a voice.

ITA and a handful of ASHI folks form a "coalition" asking others to join to add legitimacy to their effort. From there, it is a matter of .... first and foremost.... instituting a mandatory ITA curriculum for licensing. After that, whatever the rest of the guys want.

As a reward for helping, the participating ASHI leaders get jobs teaching the ITA courses.

It's a scam on the taxpayer, mostly. It's never hard to find two or three horror stories to take to the media and then exploit them, as if they are representative of a common danger. They tried the same thing, here.

The pattern is the same in every unlicensed state.

Exposing this scam to the legislature is the quickest way of neutering its potential.

[Nick Gromicko]

Many little state associations have popped up in the last 2-3 years and enjoy some life especially during times of pending legislation, however I see them having a tough go of it in the long haul. NACHI continues to come up with more and more stuff that only an association that has reached a certain critical mass is able to do. And the stuff coming down the pike (take http://www.nachi.org/forum/f13/coming-soon-monday-free-online-polybutylene-course-w-streaming-video-16672/ for instance) is so fantastic that it will be hard to capture the attention of the average local inspector by less robust local groups.