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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 11/28/11, 9:42 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is online now
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Default An idea Jim Bushart and I have been batting around. Like it? Hate it?

The InterNACHI member will not solicit referrals from a real estate agent(s) and/or broker(s) who are representing the seller in a real estate transaction when the referred client is, or is to be, the prospective home buyer.

Should a home buyer contact an InterNACHI member to arrange an inspection as a result of having been referred to him by a real estate agent who is representing the seller in the real estate transaction without solicitation, the InterNACHI member may conduct the inspection only if the client agrees to and separately initials or signs in the contract already required elsewhere in this code, the following statement: “I understand that the real estate sales agent referring me to this company/inspector has a fiduciary duty to the seller of the home. I further understand that it is a violation of his code of ethics for my home inspector to solicit home buyer referrals from real estate sales agents who are representing the seller in a real estate transaction. I am agreeing to hire this inspector based upon my own investigation of his qualifications and am not relying upon the seller’s agent’s referral as my sole reason to hire this inspector”.

Failure to comply with this provision of the code of ethics can result in sanctions by the association against the violating inspector up to and including expulsion from the association.



Nick Gromicko, Certified Master Inspector

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  #2  
Old 11/28/11, 9:49 PM
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Dennis J. Bonner Dennis J. Bonner is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

I dont care who refers me, ( doesnt influence my service) and would rather not scare clients away. Hate it



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  #3  
Old 11/28/11, 9:54 PM
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LeRoy D. Holm LeRoy D. Holm is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

I am not sure what you are talking about for sure but if the buyer is using the same agent as the seller you are saying that we are not to perform the inspection. Dual agency is common in my area.
I am not hired by the agent but the client themselves. Please explain this a little more



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  #4  
Old 11/28/11, 10:02 PM
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James H. Bushart James H. Bushart is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Quote:
Originally Posted by lholm View Post
I am not sure what you are talking about for sure ...
It defines, ethically, an inspector's relationship with the selling agent when the inspector's client is not the seller.



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  #5  
Old 11/28/11, 10:43 PM
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Christopher Currins Christopher Currins is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Hate it - I perform honest unbiased inspections on each and every property, source of referral has Zero influence.



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  #6  
Old 11/28/11, 10:56 PM
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Bob Elliott Bob Elliott is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

So is NACHI going to be a second rate Independent Inspectors of America now?
Nick,just from my brief encounter with you I know better

Somehow it is hard to picture you turning down anything that makes you $$

J.B simply lives in a unregulated and unlicensed state, so has many issues with Agents/Brokers due to lack of Licensing .

Kinda proves how wrong he is. LOL

Nothing wrong with duel Agents from a "smart" buyers point of view as 2% can be removed from the sale price .(think about that)
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  #7  
Old 11/28/11, 10:56 PM
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Doug Edwards Doug Edwards is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

HATE it. I do not want iNachi making business decisions for me. Any realtor agent or broker that has been in business for any appreciable length of time is going to have listings for sale. That alone should not preclude them from making referrals or recommendations for a home inspector. It doesn't take anything for a customer to move on to the next inspector especially if YOU become difficult and start demanding they sign off on some arbitrary and nebulous new concern or fear the people at iNachi may have. Why is iNachi sticking their nose this far into anyone business. This is that one size fits all and "we are here to help" overreaching mentality that has crept into every area and aspect of American life. Leave it alone! If James (or anyone else) wants to do this now there is nothing stopping him from adding this to his business procedures.



"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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Last edited by dedwards; 11/28/11 at 10:59 PM..
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  #8  
Old 11/28/11, 11:10 PM
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Jeffrey R. Jonas Jeffrey R. Jonas is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Quote:
Originally Posted by jbushart View Post
It defines, ethically, an inspector's relationship with the selling agent when the inspector's client is not the seller.
When I perform a service for my client, they are virtually NEVER the seller.

Even so, you are nosing into dangerous waters. I recommend you back off before it bites you.
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  #9  
Old 11/28/11, 11:12 PM
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Nick Gromicko Nick Gromicko is online now
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Looks like the Hate it's are winning.



Nick Gromicko, Certified Master Inspector

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  #10  
Old 11/28/11, 11:21 PM
William T. Misegades William T. Misegades is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Quote:
Originally Posted by gromicko View Post
The InterNACHI member will not solicit referrals from a real estate agent(s) and/or broker(s) who are representing the seller in a real estate transaction when the referred client is, or is to be, the prospective home buyer.
I might be understanding this wrong, but, doesn't soliciting literally mean urgently asking? If the buyer is calling me because he got my number from the seller's agent, I am not the one soliciting referrals from that RE. I might have done an inspection one day for a buyer who happens to have John as his RE. Then on another day, that John becomes the Seller's and buyer's agents and happens to refer me to the buyer because he liked my work not because I "solicited" referrals from him. Now, I am either going to have to refuse the job because of possible ethics violations or I will have to add yet another paragraph in my already getting too long contract.

I do appreciate wanting to protect us are our ethics as much as possible, but why add extra "ethical" rules when I believe the "Duty to the Public" rule 3 and 8 already cover it?

I hate it.



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  #11  
Old 11/28/11, 11:29 PM
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Jeffrey R. Jonas Jeffrey R. Jonas is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Quote:
Originally Posted by wmisegades View Post
I might be understanding this wrong, but, doesn't soliciting literally mean urgently asking? If the buyer is calling me because he got my number from the seller's agent, I am not the one soliciting referrals from that RE. I might have done an inspection one day for a buyer who happens to have John as his RE. Then on another day, that John becomes the Seller's and buyer's agents and happens to refer me to the buyer because he liked my work not because I "solicited" referrals from him. Now, I am either going to have to refuse the job because of possible ethics violations or I will have to add yet another paragraph in my already getting too long contract.

I do appreciate wanting to protect us are our ethics as much as possible, but why add extra "ethical" rules when I believe the "Duty to the Public" rule 3 and 8 already cover it?

I hate it.
Aren't you even slightly offended that others feel that we need to be dictated to be ethical???

Either you are ethical, or you aren't. What else is there to say?
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  #12  
Old 11/28/11, 11:35 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

I don't like it ... This could cut my kickbacks by 50% ... Yuk!

Last edited by dbowers; 11/30/11 at 7:37 PM..
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  #13  
Old 11/29/11, 12:31 AM
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Dale Duffy Dale Duffy is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

I think Jim is very intelligent, but this idea, well, it wouldn't be in my business plan ever.
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  #14  
Old 11/29/11, 12:58 AM
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Tim Spargo Tim Spargo is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Hate it.... pretty simple NO



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  #15  
Old 11/29/11, 12:58 AM
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David Garton David Garton is offline
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Default Re: An idea Jim Bushart and I have been batting around. Like it? Hate it?

Either you are ethical, or you aren't. What else is there to say?[/QUOTE]



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