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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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  #16  
Old 11/29/09, 5:50 PM
measter measter is offline
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Default Re: InterNACHI in Kansas City Star article on home inspection licensing board corrupt

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Originally Posted by dduffy View Post
Bill

I believe most states have laws stating you cannot sue a City Building Inspector for negligence, I know Arizona has such a statue, as crazy as it may be.

They basically have a free get out of jail card, which I think is ridiculous.

If they choose handing out Certificates of Occupancy as their profession and the house burns down a day later because of wiring installed incorrectly, I believe they should be personally held liable...but their not.

Same reason you can't sue a police officer for allowing a burglary or a fireman for not saving your kitty. Or you can't sue the military for allowing your son to be killed. The assumption is that the gov't is ALWAYS acting for the greater good of the people. So you can't sue for damages.

It has ALWAYS been the law that you can not sue the government (and by extension, a gov't employee dutifully executing their duties) - unless they give you permission to sue. Sometimes in rare instances they do give you permission. And it is possible to sue an gov't agency for not complying with laws that lawmakers said they must comply with.

Maybe some of the lawyers on this forum could explain it further or correct any incorrect statements I may have made.
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  #17  
Old 11/29/09, 6:16 PM
Jeffrey R. Jonas's Avatar
Jeffrey R. Jonas Jeffrey R. Jonas is offline
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Default Re: InterNACHI in Kansas City Star article on home inspection licensing board corrupt

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Lawmakers who pushed for the new law argue that homebuyers deserve to have protection from inspector negligence. They said most inspectors already abide by the new standards voluntarily.
If most inspectors already abide by the new standards, then what's the point?
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  #18  
Old 11/29/09, 6:33 PM
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James H. Bushart James H. Bushart is offline
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Default Re: InterNACHI in Kansas City Star article on home inspection licensing board corrupt

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Originally Posted by measter View Post
Same reason you can't sue a police officer for allowing a burglary or a fireman for not saving your kitty. Or you can't sue the military for allowing your son to be killed. The assumption is that the gov't is ALWAYS acting for the greater good of the people. So you can't sue for damages.

It has ALWAYS been the law that you can not sue the government (and by extension, a gov't employee dutifully executing their duties) - unless they give you permission to sue. Sometimes in rare instances they do give you permission. And it is possible to sue an gov't agency for not complying with laws that lawmakers said they must comply with.

Maybe some of the lawyers on this forum could explain it further or correct any incorrect statements I may have made.

You can sue the inspector's boss, though.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #19  
Old 12/16/09, 5:43 PM
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James H. Bushart James H. Bushart is offline
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Default Re: InterNACHI in Kansas City Star article on home inspection licensing board corrupt

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Originally Posted by bboerner View Post
Like I said never been around one in Belleville and never seen what they inspect. So enlighten us as to why they have no responsibility when inspecting for a CO permit? Why are we held responsible and they are not?
Read your code book...particularly the indemnification of building inspectors as recorded in the NEC, IBC and IRC. After you read up on it, ask your question again.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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