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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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  #1  
Old 9/30/09, 9:00 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is online now
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Default I found something very strange in the FL HI licensing law.

As you know, most states prohibit home inspectors from offering or making repairs on any home they inspected within the past 12 months.

InterNACHI, Florida's largest inspection association prohibits it too. This from our Code of Ethics: "The InterNACHI member shall not perform or offer to perform, for an additional fee, any repairs or associated services to structure on which the member or member's company has prepared a home inspection report, for a period of 12 months. This provision shall not include services to components and/or systems which are not included in the InterNACHI standards of practice."

And even Florida's own Mold-Related Services law which was implemented along with their Home Inspectors Law lists in its prohibitions: "Perform or offer to perform remediation to a structure on which the mold assessor or the mold assessor's company provided a mold assessment within the last 12 months."

However, in Florda's Home Inspectors law, section 468.8319 (f) oddly reads:

"Perform or offer to perform, prior to closing, for any additional fee, any repairs to a home on which the inspector or the inspector's company has prepared a home inspection report."

Notice the words "prior to closing" inserted in there.

Did the GCs figure a way to offer home inspections at a reduced fee or even for free, just to get the repair lead and offer to do the repair work after the home closes?

We've seen "free home inspections" being offered by roofing contractors in California.



Nick Gromicko, Certified Master Inspector

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  #2  
Old 9/30/09, 9:10 PM
Steve Taylor Steve Taylor is offline
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Default Re: I found something very strange in the FL HI licensing law.

After I brought up the blatant conflict, The contractor lobbyist incorrectly stated at the meeting in Tallahassee that the law prohibited them from doing repairs on homes that they inspect. After he spoke, I spoke with the DBPR rep at the back of the room and showed in the actual statute. - So, DBPR is away that the lobbyist was not correct in his statement.
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  #3  
Old 9/30/09, 9:22 PM
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James H. Bushart James H. Bushart is offline
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Default Re: I found something very strange in the FL HI licensing law.

So....GC's want to be "grandfathered" and want to offer free home inspections so that they can affect the repairs when the buyer takes possession of the property.

My, oh my.....Home Inspection Legislation should come with an illustration of the hundreds of positions that come with the myriad of ways they screw people.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #4  
Old 9/30/09, 9:59 PM
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Default Re: I found something very strange in the FL HI licensing law.

This was pointed out many times over the course of months that we FL inspectors were writing and corresponding with our reps. In particular the "prior to closing" statement. This bill (law) was/is actually worse in many ways than many of the previous bills that were vetoed by Jeb Bush and bills that got stopped in committees years earlier. This was a political "football" that was finally walked into the end zone in the closing seconds of the game by Charlie Crist.



"War is an ugly thing, but not the ugliest of things; the decayed and degraded state of moral and patriotic feeling which thinks nothing is worth a war, is worse. A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself."

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  #5  
Old 9/30/09, 11:24 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: I found something very strange in the FL HI licensing law.

Foundation repair companies offer free foundation inspections. It happens all the time here in Kansas. HVAC offers free furnace "cleanings". Roofers offer "free" inspections. RE's here are lining up contractors to give their buyers "free service checks" instead of having buyers pay for inspections. Many conflicts of interest here. The home inspection board here in Kansas is leading a blind eye to this. Licensing will not matter, since we are soon going to be all out of business, unless this "board" or the state of Kansas acts. We cannot do it for free, unless we shaft the sellers/buyer for the repairs, needed or not. All of this is not ethical to any association, but the lawmakers do not see it that way. They should.
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  #6  
Old 10/1/09, 10:03 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: I found something very strange in the FL HI licensing law.

So how does "prior to closing" statement get taken out of the law?
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  #7  
Old 10/1/09, 11:35 AM
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James H. Bushart James H. Bushart is offline
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Default Re: I found something very strange in the FL HI licensing law.

Quote:
Originally Posted by jbraun View Post
So how does "prior to closing" statement get taken out of the law?

It is signed by the Governor. It will take a new bill passed by the legislature, signed by the new Governor, to change it.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #8  
Old 10/1/09, 7:51 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: I found something very strange in the FL HI licensing law.

Quote:
Originally Posted by jbraun View Post
So how does "prior to closing" statement get taken out of the law?
Someone paid a lot of money for those words to be put in, my guess is they will stay.



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #9  
Old 10/1/09, 8:30 PM
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Default Re: I found something very strange in the FL HI licensing law.

Precisely!



"War is an ugly thing, but not the ugliest of things; the decayed and degraded state of moral and patriotic feeling which thinks nothing is worth a war, is worse. A man who has nothing which he cares more about than he does about his personal safety is a miserable creature who has no chance at being free, unless made and kept so by the exertions of better men than himself."

- John Stuart Mill







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  #10  
Old 10/1/09, 8:38 PM
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Default Re: I found something very strange in the FL HI licensing law.

Thats what I figured too.
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  #11  
Old 10/1/09, 8:40 PM
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James H. Bushart James H. Bushart is offline
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Default Re: I found something very strange in the FL HI licensing law.

So let's put all this together for a minute......

As the law presently is written, grandfathered contractors can pay for a Home Inspector license and give away free state licensed home inspections to promote their repairs after the home is purchased.

Meanwhile, home inspectors are squabbling over the crumbs that are left over.

Is that about right?



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #12  
Old 10/1/09, 9:08 PM
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Default Re: I found something very strange in the FL HI licensing law.

Quote:
Originally Posted by jbushart View Post
So let's put all this together for a minute......

As the law presently is written, grandfathered contractors can pay for a Home Inspector license and give away free state licensed home inspections to promote their repairs after the home is purchased.

Meanwhile, home inspectors are squabbling over the crumbs that are left over.

Is that about right?
Sounds about right Jim, One faction within our inspection comunity have been after 2 tier licensing since the get go, guess who?

Regards

Gerry



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  #13  
Old 10/1/09, 9:31 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: I found something very strange in the FL HI licensing law.

Quote:
Originally Posted by gbeaumont View Post
Sounds about right Jim, One faction within our inspection comunity have been after 2 tier licensing since the get go, guess who?

Regards

Gerry
This will burn ASHI as much as it does NACHI, no one here gets out alive.



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #14  
Old 10/1/09, 10:30 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: I found something very strange in the FL HI licensing law.

This law virtually destroys our profession in an entire state.

Don't let that Canadian charlatan, Mike Holmes, catch wind of this.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #15  
Old 10/2/09, 1:27 AM
Ed Bancroft Ed Bancroft is online now
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Default Re: I found something very strange in the FL HI licensing law.

This is what I was told months ago by a supervisor for a GC.

" We have a home inspector doing Wind Mits and 4 points for us. He does the inspections and refers us for the repairs and we sign his forms for him.
He's working 7 days a week to keep up."


I tried to tell him if the inspector screwed up they would be the ones on the hook !!

" Oh he does a good job, and any thing that's border line he reports and we get to fix it. "


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