E&O Survey

[Nolan Kienitz]

John,

You and Michael and many others have done yoeman work with respect to providing information for the entire TX HI community.

I want to express my appreciation for everything that everyone has done to keep us all informed.

Is there any way to get an actual copy of the final piece of legislation and have it posted? I've been digging through the TX legislature site, but can't come up with it. Goes without saying the site is not very intuitive or friendly ... or maybe it's just me and my maturity.

I've also sent a message to my legal contact at TREC, but doubt I'll get a 'quick' reply from her.

You mentioned possibility of "per transaction E&O" from Allen Insurance. Is there any way of expanding on that information or how will they communicate such information if it is made available?

Thanks again to everyone involved helping to provide information.

[John Onofrey]

I wonder how TREC will attempt to enforce this. For instance, my license is good for two years. Will TREC require us to send in "proof of purchase" or will they simply wait for "violaters" (those without E & O) to be reported. I can imagine a good many inspectors continueing to operate "as usual", oblivious to the new rule.

BTW - I am seriously dissapointed that I received absolutely no communication on this directly from TAREI. I understand the short timeline involved here but an emergency call to action on all fronts was warranted here.

Good work John and Mike but sadly it seems too little, too late.

John, I really liked your .pdf on McCall, summed it up pretty good.

I for one will now go about adjusting the way I do business to deal with the potential threat this amendment poses.

[James H. Bushart]

This is a very good lesson and eye-opener to help keep those of us who have successfully kept our profession free from state interference.

Once the laws are set in place, it is up to the whim and pen of those administrating it to amend it...year to year...in any manner they wish. Even a "good" law (almost an oxymoron) can become a nightmare over time.

The poor folks in New York are facing the same malady.

Perhaps some of you may consider joining an effort to, not only stop the spread of new laws in free states, but to repeal those that are on the books.

[gkoehl]

Originally Posted by jonofrey

I wonder how TREC will attempt to enforce this. For instance, my license is good for two years. Will TREC require us to send in "proof of purchase" or will they simply wait for "violaters" (those without E & O) to be reported. I can imagine a good many inspectors continueing to operate "as usual", oblivious to the new rule.

BTW - I am seriously dissapointed that I received absolutely no communication on this directly from TAREI. I understand the short timeline involved here but an emergency call to action on all fronts was warranted here.

Good work John and Mike but sadly it seems too little, too late.

John, I really liked your .pdf on McCall, summed it up pretty good.

I for one will now go about adjusting the way I do business to deal with the potential threat this amendment poses.

It's not really over yet
Contact the Governor,
Let him know how this bill will hurt the econmy, increase lawsuits, hurt the real estate market in general

[John Cahill]

Originally Posted by nkienitz

Is there any way to get an actual copy of the final piece of legislation and have it posted? I

I've also sent a message to my legal contact at TREC, but doubt I'll get a 'quick' reply from her.

You mentioned possibility of "per transaction E&O" from Allen Insurance. Is there any way of expanding on that information or how will they communicate such information if it is made available?

http://www.capitol.state.tx.us/BillL...80R&Bill=SB914

Allen offers a per transaction at www.home-inspect.com now. It is for ITA graduates. Most realtors buy per transaction E&O. If TREC allows it then new people and part timers can stay in the business. Keep in mind the big companies (I have heard from some of them directly) want to get small companies out of the business to gain market share. Annual E&O is a great way to clear the field.

TREC does not care about helping inspectors. They are there to make you conform. You will get along with TREC as long as you agree with them all the time. Same for any State or Federal agency.

[Michael R. Boyett]

Originally Posted by nkienitz

Is there any way to get an actual copy of the final piece of legislation and have it posted?

Nolan, the actual SB914 is Huge and too big to post here. Go to http://www.legis.state.tx.us/BillLoo...80R&Bill=SB914 and select "Text" then "Enrolled" then pick the form you want, HTML, PDF or WORD. See section 38 for the offending E&O amendment.

[John Cahill]

Originally Posted by gkoehl

It's not really over yet
Contact the Governor,
Let him know how this bill will hurt the econmy, increase lawsuits, hurt the real estate market in general

Its over. The Govenor will not veto; he is on his way out and its not to the White House. He needs a job now. Also, in the political world home inspectors are insignificant.

[Michael R. Boyett]

Originally Posted by jonofrey

I wonder how TREC will attempt to enforce this.

John O, my personal take on this is that the amendment addresses the original issuance or renewal of a license and the requirement to provide proof of insurance at that time. I do not see the amendment as actually making it a requirement to have E&O to be an inspector....you'll need it to get a new license or renew a license though. So, I think there will be a short reprieve for those whose license don't expire for awhile. Also, remember the law won't take effect until Sept 1st as well.

[John F. Bell]

John, I got here too late and missed it! could you send me a pdf of this. not now, i know you are busy, but i sure would like to read it. john bell johnbell47@hotmail.com tx 2273

[Michael R. Boyett]

The pdf for the fax to the news media is in post #54, the text of the bill is available in post #66.

[John F. Bell]

Maybe Rick Perry needs to know this, a little scandal may make his ink pen run dry. john bell

[John Cahill]

Originally Posted by John F. Bell

Maybe Rick Perry needs to know this, a little scandal may make his ink pen run dry. john bell

It is too small an issue for Perry. TREC may end up asking Attorney General for interpretation on this. There are a zillion ways an agency can influence the law. I think TREC, like inspectors, is angry with the tactics McCall used. They just will not say it.

[gloughman]

George,
Thanks for the link to Gov. Perry. I know John feels that it is over, but I sent the governor my two cents worth anyway. Who knows, if enough people contact the governor's office over this the governor might actually send it back to them. Stranger things have happened. We can only hope. The e-mail message that I sent is attached as a PDF file.

Gary Loughman
Assured Home Inspections, PLLC

Dear Governor Perry.pdf

[John F. Bell]

I sent Goodhair a faxed letter with the pdf. hope that is o.k. By the way, i spoke with two E $ O folks already, newer inexperienced inspectors are gonna pay lots and may give up. I am old and only have done 3,600 so I may have to double up and work harder when all the newbies are gone. durn!

[gkoehl]

Maybe I should just put in my contract the following-

CLIENT agrees that if any litigation arises concerning negligence or incompetence of the INSPECTOR, or wherefore any possibly that such action has occurred, they will sue Rep. Brian McCall, for failing (Error) to openly (not presenting amendment SB914 for public discussion) disclose (Omission) that all inspectors are a public threat and will try to swindle you with shoddy inspections (even though INSPECTOR has absolutely zero-incentive to attempt to defraud CLIENT); therefore and herein after, all claims arising concerning this contract will be re-directed to a court of law having authority in Texas District 66.

Do you think it would stand up in a court of law?
I’ll run it by my lawyer- nope, he says go for a settlement.