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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #46  
Old 10/23/06, 12:25 PM
Blaine Wiley Blaine Wiley is offline
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Default Re: Expectations Vs. Reality

Ray, anyone from our industry that states that any legislation is designed to protect the consumer from those in our industry is trying to sell something or gain something. I have yet to see it otherwise.

The government that governs the best governs the least. Everytime a law is passed, someone looses freedom.



Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.
Abraham Lincoln



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  #47  
Old 10/23/06, 12:40 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Expectations Vs. Reality

Quote:
Originally Posted by bwiley
The government that governs the best governs the least. Everytime a law is passed, someone looses freedom.
...the freedom to compete, the freedom to make their own business decisions (insurance, SOP, etc), the freedom to select where and how to be trained...and so on....and so on.....

There are well meaning people who actually, in their hearts, feel the need to have these decisions made for them by their government - but they are the minority. As Blaine points out, the majority of HIs pushing for this are those wishing to impose their own choices on others...and it is usually not to make their competitors stronger and better inspectors.
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  #48  
Old 10/23/06, 1:36 PM
rwand1 rwand1 is offline
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Default Re: Expectations Vs. Reality

Well even more need for inspectors to have input and determine through lobbying efforts what is good for them. Not what is considered to be good for the sake of licencing or what is good by others who want to control our industry.Self regulation breeds apathy.
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  #49  
Old 10/23/06, 1:54 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Expectations Vs. Reality

Quote:
Originally Posted by rwand1
...and determine through lobbying efforts what is good for them.
No, sir, for what you have in the end is one body determining what is good for everybody.
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  #50  
Old 10/23/06, 2:04 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Expectations Vs. Reality

I think, Roy, the misunderstanding can be traced back to our Constitution.

Every organized government in the world has a Constitution. These Constitutions are written by governments to let the citizens know what their rights are and what powers they have....except ours.

In the US, the people wrote the Constitution telling the government what rights and powers it has---and those not specifically addressed remain in the hands of the people.

Each new law, as Blaine has stated, takes a little piece of that away from the people and turns it over to the government.

There are a small handful of states who have yet to give that control over our profession away. I'm proud to live in one of them.

I would hope, someday, to see the home inspectors who slept through the legislative actions in their respective states to work to have these laws repealed.

Right now, Ray, you are fighting private associations and their rejection of you is a matter of business. When their prejudices become the law of the land and your failure to comply with their directives puts you in violation of your country's laws, you may come to realize how good it was not to be legislated.
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  #51  
Old 10/23/06, 2:12 PM
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Brian E. Kelly Brian E. Kelly is offline
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Default Re: Expectations Vs. Reality

James re read the constitution, you are the Government. So if you do not like something in the Govt, by all means change it.
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  #52  
Old 10/23/06, 2:19 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Expectations Vs. Reality

Quote:
Originally Posted by bkelly2
James re read the constitution, you are the Government.
I have read it, Brian. Many times.

Ours is a representative republic, not a Greek democracy where each citizen voted on every single issue (and is now extinct).

I am not the government and neither are you. Try writing a check on a "government" bank account.

Ours is a government, as Lincoln put it, "of the people, by the people and for the people"...made up of elected representatives who are accountable to those who elected them.

The government is made up of three branches, of which I (and you) are neither. Two of these three branches are made up of citizens that you and I can elect to represent us to this government. The third is made up of appointed Supreme Court justices.

End of Civics Class.

Last edited by jbushart; 10/23/06 at 2:22 PM..
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  #53  
Old 10/23/06, 2:46 PM
rwand1 rwand1 is offline
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Default Re: Expectations Vs. Reality

Quote:
Right now, Ray, you are fighting private associations and their rejection of you is a matter of business. When their prejudices become the law of the land and your failure to comply with their directives puts you in violation of your country's laws, you may come to realize how good it was not to be legislated.
They haven't rejected me, they have tried to, but legally and factually I am a member in good standing, much to their displeasure.

As of this point in time I have yet for anyone to provide or prove contrary evidence that licencing is bad. The only ones complaining seem to be a few. We know it does not limit competition, we know it does not weed out the poor performers, we know it doesn't cost any more to be licenced then belonging to an association, we know it is gaining popularity, we know at least in Canada assciations have failed time and time again to prove they are competent, and we know they can't weed out conflicts and special interests, and we know they have had over 16 years to do so. What we do know is that their incompetence will result in licencing eventually.

I guess this debate could go on forever, there seems to be no clear winner or loser when licencing occurs. Life carries on, as does the need for inspections on the publics real estate purchases.
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  #54  
Old 10/23/06, 4:28 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Expectations Vs. Reality

Quote:
Originally Posted by rwand1
As of this point in time I have yet for anyone to provide or prove contrary evidence that licencing is bad.
The evidence is all around you but nevertheless I would contend that that no one has yet proved that licensing provides any benefit to the consumer, and if that is the case then HI licensing is no more then a nuisance tax on inspectors.

All governments have a poor track record in regulating business, their most endearing quality is their ability to deliver the mail, raise revenue through taxes and wage war, other then that they are quite inept.

When we as inspectors seek out the government to solve our issues the best they can do is write a law, the worst is to restrict trade; they are incapable of little else and we should seek to solve our issues within our own profession.



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  #55  
Old 10/23/06, 9:31 PM
Richard L. Bennett Richard L. Bennett is offline
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Default Re: Expectations Vs. Reality

Jay

Any information that you and Harvey can pass on would be of interest.

I don't understand all the mystery

Hope you had a good meeting today


rlb
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  #56  
Old 10/23/06, 11:01 PM
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Jay Schwartz Jay Schwartz is offline
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Default Re: Expectations Vs. Reality

Richard:

Harvey and I got together to discuss the Chapter. We are planning on getting the other Directors together in the near future.

Looking forward to making some BIG announcements.



Jay Schwartz

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