Kansas Association of Realtors (KAR) Stirring The Pot

[Dan Bowers, CMI]

The Legislative Director of KAR has sent out an email to all Realtors in the state telling them that KAR wants to institute some type of Licensure Bill next season. He also asked them if any of them OR their clients have had an "Negative Experience" with a home inspector - to write KAR so they can start building a LOG to use with the legislators against HI's.

This is the same group that 2 years ago was trying to push through a law in Kansas that would make it illegal in Kansas for a HI to limit his liability in a contract OR to be able to disclaim what he could or could not inspect. That law if passed would have basically eliminated our "Standards".

The KAR and the Trial Lawyers Association felt it was VITALLY needed legislation for the state of Kansas. We were able to get most of the legislators to see that for what it really was - a giant Bl_w Job!!

I think we need our own log book of "Negative Experiences" with Realtors to show why a new law requiring mandatory licensing of builders and more entry level education for Realtors is VITALLY needed.

[Roy D. Cooke, Sr]

Originally Posted by dbowers

The Legislative Director of KAR has sent out an email to all Realtors in the state telling them that KAR wants to institute some type of Licensure Bill next season. He also asked them if any of them OR their clients have had an "Negative Experience" with a home inspector - to write KAR so they can start building a LOG to use with the legislators against HI's.

This is the same group that 2 years ago was trying to push through a law in Kansas that would make it illegal in Kansas for a HI to limit his liability in a contract OR to be able to disclaim what he could or could not inspect. That law if passed would have basically eliminated our "Standards".

The KAR and the Trial Lawyers Association felt it was VITALLY needed legislation for the state of Kansas. We were able to get most of the legislators to see that for what it really was - a giant Bl_w Job!!

I think we need our own log book of "Negative Experiences" with Realtors to show why a new law requiring mandatory licensing of builders and more entry level education for Realtors is VITALLY needed.

Thanks Dan great post I do hope that people who read this do it more then once .
This is something to think about very seriously.
This could be the thin edge of the wedge ,or like a snow ball going down hill gets bigger and rolls faster as time goes along .
This something all need to give much thoughts to .

Roy Cooke sr . Royshomeinspection.com

[pcarter-old-04]

Dan, After our conversation last night. I think we need to go on the offensive here. First of all, each home inspector in Kansas needs to be notified, no matter thier association affiliation. I not sure the present leadership of KAREI can really help until he comes off his A**I high horse and realizes this is going to effect his business. That is a good suggestion to set a log of negative comments regarding experiences with realtors in our state. But we also need to start letting our state reps know that the log being setup by KAR is one-sided and biased. I can imagine how many comments will be made of me and I really don't care because my clients were fully informed and knowlegdeable of thier perspective purchases. I get less than 5 percent of my business from refferals, really do not need the realtor refferals here because of other marketing efforts I have made. Back to the point, do we need to set up a central point of contact to lead this counter-attack and who has the resources and time to do so without having this affect thier business? I will help and assist as much as I can to stop this nonsense, but I do believe we need a plan of attack per say. Its time for a round table discussion. Your thoughts.

[Emmanuel J. Scanlan]

Patrick Carter wrote:

I think we need to go on the offensive here.

Absolutely! It is only time before KS is licensed and regulated and this may be your only chance to play a role in making sure Inspectors are treated fairly.

That is a good suggestion to set a log of negative comments regarding experiences with realtors in our state.

Absolutely not! No offense, but that can lead to a very counter-productive and time consuming battle with the RE community. In addition it only creates a larger void between the RE Agent and Inspector communities when it is better to narrow the void!

Why not expend this effort in writing a draft set of rules, regulations and SOP for the Kansas Senate to consider? Demonstrate to the lawmakers that you are interested in protecting the consumer as well as the Inspector and RE community. This may be the only opportunity to have the Inspection Community be treated more fairly than other states.

Allow the RE Associations to present whatever image they feel is necessary and you should present a positive, non-agressive one. As they say, you can catch more flies with honey than you can with vinegar.

[Dan Bowers, CMI]

Emmanuel - That has been a long time goal of many Realtors in our area (Kansas & Missouri) - to scare HI's into writing our own rules for them.

That then gives them the ability to say to the legislators - look the HI's want this, see they even wrote it. Lets help them get bridled and neutered.

Then once you're bridled, saddled and neutered the real fun starts. They start changing the rules - AND - its much easier to herd us once we're already branded rather than roaming the range unbranded.

[rwand1]

Thats good the lawyers and the Realtors teaming up against home inspectors. The lawyers may want to clean their own houses along with the Realtors, who as we all know are not always what they portray themselves to be.

The squeaky wheel gets the the grease. Just remember the Realtors have already begun the battle by making misleading, non-factual, bias comments.

[Emmanuel J. Scanlan]

Dan,

I can understand your view of the situation. However, this is an opportunity for Inspectors in Kansas to not only write their own rules but to also GOVERN themselves! There are many ways to approach this but the best, in my opinion, is to take the initiative to not only write the rules but also have a governing panel approved by Kansas government to regulate the Inspectors. If Kansas Inspectors can work together to accomplish this they will be, by far, much better off than trying a defensive campaign against the RE Agent, et al, communities.

Texas Inspectors are regulated by the 9 member Texas Real Estate Commission. This commission is comprised of 6 Real Estate Brokers and only 3 who represent the general public. The Inspectors are represented by an "Inspector Subcommittie" composed of Inspectors. The subcommittie acts ONLY as an advisory body to the Commission. Basically this means they have no powers to change or enact any rule, regulation, etc. that affects Inspectors. The Inspector Subcommittie works very hard to help the Inspectors and the public to receive a fair shake in the process. But they are still working in an advisory capacity.

You have the chance to work the situation and make sure that you are led, managed and regulated by Inspectors. Not an easy thing to have accomplished, but it is possible. To do it you must take the reigns and write your own regulations, SOP's, etc. But before you do, you have to get your legislative bodies to buy into the concept of a regulating agency run by Inspectors, or at the least not composed of other RE professionals or those with vested interests in the RE industry.

You're not far from Texas and Kansas may decide to take Texas' lead on how to regulate Inspectors. Would you like to have our regulation arrangements?

[Carl A. Brown]

There is nothing like being put out of business buy a bunch of cut throat builders that are driven by greed. Been there now I am here. Those lawyers and rwealtors want the truth when the are buying a house why should there be a double standard? The fact are just that facts. If they think there are no problems with the shoddy construction use http://www.badstucco.com to show them the need for improvements in the inspecting of these DUMPS/money pits. And the builders takeing credit for the failures. The realtors just care about their cut. If they were held more liable they would care more. And what about the city codes inspectors why aren't they held liable for haveing blinders on.

[Carl A. Brown]

http://www.hobb.org/index.php?option...433&topic=13.0

[Dan Bowers, CMI]

Emmanuel -

I started out inspecting in Texas in the 1970's I'm well aware of whats there.

[Paul Sabados]

REALTORS® have a strong interest in making sure that home inspectors who fail to adhere to professional standards of practice are identified and regulated in such a way that protects consumers and ensure that real estate markets function smoothly and effectively.
In the 2006 Legislative session, the Kansas Association of REALTORS® supported legislation which would have regulated the home inspection industry in the state of Kansas. Unfortunately, the home inspection industry was able to obstruct the legislative process and prevent a vote on this legislation. KAR is working with the home inspection industry this summer to come up with legislation that will protect both our respective interests by ensuring that consumers are provided with reliable, accountable, and professional home inspection services.
In order to get this much-needed legislation passed in the next legislative session, it is very important that KAR documents specific instances in which consumers have been harmed by the current home inspection industry. Therefore, if you or any of your clients have had any negative experiences with inadequate home inspections, please provide us with any information that you have on these experiences so that we can build an effective case for this legislation next session.
With your help, KAR can ensure that consumers and REALTORS® are provided with professional and reliable home inspection services. Thanks for your help.
Sincerely,
Luke Bell
Director of Governmental Relations
Kansas Association of REALTORS®
3644 SW Burlingame Rd.
Topeka, KS 66611
Email: lbell@kansasrealtor.com

The above is a copy of the email being circulated by Mr. Bell. Please note that he is calling out for all negative experiences in which consumers have been harmed by HI's.

In another email by Mr Bell in response to a few questions the following was a partial reply

Instead, KAR is looking forward to working with the Kansas Association of Real Estate Inspectors this summer to come up with some good language that we can take to the legislature next session. The reason for the email to our membership was two-fold. First, I just wanted to keep our membership informed and make sure that they knew this was an issue that would be coming over the horizon. Second, when you present a bill to the legislature, it is important to be able to show a documented need for an action before they will consider it. In this case, KAR is simply hoping to gather some anecdotal evidence from the membership that can help show the legislature that there is a need for regulation of the home inspection industry.

You got to love that word "anecdotal" and the need for regulation. Kansas can not even get all of their counties and cities to mandate standard building codes and code inspections, regulate contractors or builders but many agents feel that the REAL need is to control the independent inspectors.

He also is looking forward to working hand in hand with KAREI (Kanasa Assoc of Real Estate Inspectors) which at one time had a fairly diverse membership. It is now totally controlled by ASHI members only in the KC, Wichita and Topeka areas. They claim to represent all of the inspectors in Kansas.

The last attempt of licensing that Mr. Bell refers too was killed by the HI's was one of the biggest jokes ever attempted (posted in another thread).

The best defense is a good offense. They have a Steinbenner team, deep pockets, big names. We need to be sharp, fast and more aggressive period.
Being nice guys could cost the home inspectors in Kansas bigtime. Furthermore I have no intention of performing my inspections to the A$hi standards.

Paul