E&O Survey

[Michael R. Boyett]

Originally Posted by jcahill

I would have to review 914 to see how the wording got in.

This is the wording in SB914 that was approved:

(a) The commission or commission staff may file a complaint and conduct an investigation as necessary to enforce this chapter, Chapter 1102, or a rule adopted under those chapters[, on its own motion, investigate the actions and records of a license holder].

[gkoehl]

This recommendation allows the agency to

more quickly, and fully, protect consumers by
directly authorizing staff to open enforcement
cases regarding any violation of the licensing
act or TREC rules, based upon reasonable
cause.

What exactly does that mean as it applies to home inspections?
If the client doesn't complain to TREC, how would they know if and when you did the inspection? (Realtors,Sellers?)

It doesn't make sense.
What is sounds like is even if the client is happy with the inspection, TREC could open the case, and find you N&I.

Or, is this going to open HI's up to claims and litagation for killing deals or if a seller complaints that the HI was too hard and caused him\her damges (loss of income)?

what is a reasonable cause?
Are they going to start requesting a months worth of inspection reports so they can browse through them?

I am having a very hard time figuring out how this could be a defendable legal course of action if not a violation of Constitutional rights.

4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

7th Amendment:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

[Emmanuel J. Scanlan]

Originally Posted by gkoehl

This recommendation allows the agency to


What exactly does that mean as it applies to home inspections?
If the client doesn't complain to TREC, how would they know if and when you did the inspection? (Realtors,Sellers?)

It doesn't make sense.
What is sounds like is even if the client is happy with the inspection, TREC could open the case, and find you N&I.

Or, is this going to open HI's up to claims and litagation for killing deals or if a seller complaints that the HI was too hard and caused himher damges (loss of income)?

what is a reasonable cause?
Are they going to start requesting a months worth of inspection reports so they can browse through them?

I am having a very hard time figuring out how this could be a defendable legal course of action if not a violation of Constitutional rights.

4th Amendment:


7th Amendment:

George,

TREC now has the power (I don't understand how they did not before??) to open an investigation against an Inspector for "any violation of the licensing act or TREC rules". This can include, for example, such items as TREC viewing your promotional materials and determining they are false, deceptive or misleading.

This does not necessarily have to mean (although it could) that they will try to review your actual inspections and find a reason to take action against you. You are aware that TREC can request your inspection log and if they find something out of place can then demand the reports relating to the log. If they find something out of place on your reports they can then take action against that.

TREC does not necessarily have the time, nor the staff, to start a proactive program of such type. They can target an Inspector if, for whatever reason, they have suspicion that the Inspector is a problem. That can be a good thing to help rid us of the "Whitewash Inspector(s)". However, that same power to perform this can also be misused/abused not only by TREC members but other Inspectors who may want to "Drop A Dime" on another Inspector.

[gkoehl]

Private board of Texas Inspectors

[Emmanuel J. Scanlan]

Originally Posted by gkoehl

Private board of Texas Inspectors

George,

How many have signed up so far?

[gkoehl]

Originally Posted by escanlan

George,

How many have signed up so far?

20, but this is only the second day the board has been open.

Decided to prohibit all public and vendor accounts for right now.
It is just a place the HI's can talk without extra eyes (we get enough of that already)
Public accounts may be opened later (but the group will have to decide)