ASHI Leads Legislation Drive In Michigan

[kmiller1]

Reporters email addresses are not listed on their website. The web site is www.thetimesherald.com.

[Dan Bowers, CMI]

If I'm not mistaken, the SOP of most associations have us check grading & drainage ADJACENT to the structure or foundation.

These pictures and the story look like the ponding is out in the back yard somewhere. If so thats not the inspector. In Michigan can anyone run for legislative office and if elected be a representative OR is there a license and mandatory training and a test, etc. Just curious.

[kmiller1]

Originally Posted by nwagner

It is absolutely pathetic how this "horror story" which blatanly fails to implicate the home inspector of negligence is being used as a catylist for HI licensing reform. The seller and realtor were clearly the guilty parties and therefore should be the ones targeted. And this pathetic, blantanly bias article uses emotional pitches, hearsay and personal opinions as an alternative to legitimate assertions.

It sounds like the "victim turned activist" is nothing more than a jackass who real interest is in being a so-called "hero of the people". Heck, the article even mentions that he has always had in interest in activism! His true colors are shown by him suing the home inspector, who if insured was a potentially easy litigation target in the transaction, instead of the realtor and seller, who likely would be difficult and expensive to win a judgment against. His lawsuit being thrown out likely shows he lacked evidence that could speculate that the home inspector was in violation of SOP. But I guess none of this matters to those with an agenda ...

That was I pointed out to the author when I talked to him yesterday. He seems to agree that the agents and the seller were as much to blame as anyone. He agreed with me that the disclosure statement was inaccurate by omission.

I also explained to the author that an inspection is, unless contracted otherwise, a visual inspection of the structure at the time of the inspection. I told him without seeing the property, at the time of the inspection, and seeing the report and conducting my own inspection, there is no way to really say the inspector is or isn't at fault.

IMO The selling agent and seller lied by omission, but the buyer's agent didn't do his/her job. If I go to an agent to help find a house, I expect my agent to do some background checks on the property. But I would have also talked to neighbors and the municipality about things like that.

[James H. Bushart]

Originally Posted by kmiller1

I would have also talked to neighbors

Perhaps licensing neighbors will be next....

[kmiller1]

Originally Posted by jbushart

Perhaps licensing neighbors will be next....

In this state, that's entirely possible. Don't say it too loud though. Lansing has real good hearing.

[kmiller1]

I'll post this on the legal site as well.
Does anyone in one of the states that used a petition to fight licensing have suggestions to write a petition to send to all the reps and senators in our state? If said petition is posted for signing, would the MI contingent be willing to sign, and I'll send them to the Houses personally. Hell, I'll deliver them by hand, if that's what it takes.

[kmiller1]

I sent an email yesterday asking for a timeline on the bill being developed. When I get it, if I get it, I will post it. This is the response I got back from Representative Accavitti:


Dear Mr. Miller,

Thank you for your email. I appreciate your thoughts on this issue.

I am in the process of developing this legislation, and I will be sure
to send you a copy of the legislation once it is introduced. Please
forward my office your mailing address.

I look forward to any thoughts or concerns you may have on this
legislation.

Sincerely,

Frank Accavitti, Jr.
State Representative
House District 42

[James H. Bushart]

Kenneth,

Members of the ASHI/ITA led "coalition" that is behind this legislation are monitoring this board. I will suggest, from personal experience, that you use this message board to confuse them, mislead them, but never to inform them - unless it is after the fact - of what you are involved in to thwart their efforts.

You are dealing with folks who know no depths to which they will not descend in order to make their marketing plan part of the laws of Michigan. Not all member of the make-beleive "coalition" are aware of this, yet. They still think they are "being heard", etc.....which is all a part of the ruse.

[bemelander]

Mr Bushart,
I'm not sure why you think MichAHI is ASHI/ITA driven. It is a group of inspectors from all organizations. The officials were elected and I was surprised that one third of the members are ASHI and a NON-ASHI president was elected. Maybe Mr. Miller should get involved with the other NACHI members who are members of MichAHI and see what they think.
Rep Accavitti has been trying to get licensing for several years now and I don't believe he is going to give up. So maybe all inspectors in Michigan should get together and make it good legislation. That is what MichAHI is trying to do.
By the way currently there are 11 NACHI members that are members of MichAHI.

[James H. Bushart]

Originally Posted by bemelander

Rep Accavitti has been trying to get licensing for several years now and I don't believe he is going to give up. So maybe all inspectors in Michigan should get together and make it good legislation. That is what MichAHI is trying to do.

Mr. Emelander,

Your logic escapes me.

A man has failed, for years, to provide me with something that I do not want. Thus, you suggest that I help him achieve what he has failed to do on his own?

No, sir.

You obviously favor legislation and belong to a small group of inspectors who also favor it, and your group represents itself as a "coalition" which, in turn, supposedly represents the majority of inspectors in your state.

I contend that this is not true and I feel it is important for the Michigan legislature to know that. No doubt, Mr Acavitti will enthusiastically welcome your support and will turn a blind eye to the fact that no actual "coalition" exists. As you said, by himself he has failed for years to get this bill through.

I submit that your make-believe "coalition" that supposedly represents all the inspectors of all associations in your state does not have one single person on it that opposes legislation. I further submit that your group simply represents a small group of home inspectors who have found someone willing to legislate their marketing plans.

[Larry D. Kage]

Interesting:

"As MichAHI continues to stand by our Mission Statement and the MichAHI Values, an impact is being
made in Lansing. Our state legislature and several departments are starting to realize just how firm and serious
our stand is on home inspector licensing. In case there is any question or misunderstanding, the “official”
MichAHI position on licensing home inspectors is that we generally do not support it, primarily due to lack of evidence that it will accomplish any thing meaningful for consumers or the profession. However,
we are aware that some folk would like to license home inspectors. So, we are making every effort to educate
and influence those people to discourage the introduction of inappropriate or poor legislation."




We don't support licensing but let's encourage appropriate and good legislation...What?

How about we just say no since there is no evidence that it will accomplish anything meaningful for consumers or the profession?

[Nick Gromicko]

Frank Accavitti is a good politician and wasn't fooled by ASHI from the start. Read his quote from August 2004:



Update: The following came from an 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.

[James H. Bushart]

Originally Posted by gromicko

Frank Accavitti is a good politician and wasn't fooled by ASHI from the start. Read his quote from August 2004:



Update: The following came from an 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.

There is no requirement for the NHIE, now, without a law. Accordingly, Nick, you will agree that the status quo fully meets this NACHI objective.

[Peter C. Russell]

Originally Posted by jbushart

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.

James, do you have any definitive proof of this? can you give us an example of a state where this practice has been successful and what the results where?

[James H. Bushart]

Your state is one of them.

It also happened in Kansas, Missouri, Florida, New York and now Michigan.

The most successful ruse of this sort came to fruition through PHIC (Pennsylvania Home Inspector Coalition) made up exclusively of ASHI and NAHI members. With their success in totally taking control of the industry in Pennsylvania, ASHI chapters took that model to every other unlicensed state.

The chapters force members to join and, although the coalitions usually have fewer than 20 participating members, their books reflect a hundred or more. Their main job is to (1) convince the legislature that they actually represent the majority of inspectors in that state, (2) get the NHIE written into law, and (3) mandate educational courses that are preformed to fit the ITA model. The leaders of these "coalitions" then are hired as teachers in the new schools that pop up as a result of the new law.

Some NACHI members belong to some of these coalitions and, at first, are made to feel like they "have a voice" but soon they realize that the agenda was fixed long before they came along. Jay Schwartz can elaborate on his Florida experience for you, if you email him.

It is a very well developed scam.

These coalitions can be easily discredited with proper use of the media and the legislature...but it takes work.

In Missouri, they teamed up with the Missouri Association of Realtors which made it tougher..since MAR already had the lobbyists in place. They are promising a "comeback" next year.

Of course...just like Michigan...the Missouri "coalition" states that they are simply "monitoring"...but they are already meeting to help form next year's bill.

ASHI members in St. Louis are lied to by their president who is actually the president of this "coalition". They oppose legislation and expect him to, as well, but he has been able to conceal his activities from them by refusing to discuss the coalition's activities at ASHI meetings stating "there are spies in attendance".

It's the last effort of a dying association to be relevant, it appears.