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

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  #1  
Old 10/22/09, 11:05 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Kansas City Realtors Tried to Rip Off My Client.

Now that I have Google's attention and am certain to have some of my favorite used house salesmen from Kansas City tuning in...let me tell you a quick story.

I did an inspection close to KC on Tuesday....a $255,000 (list price) home with a bulging brick veneer front exterior, termite damaged, cracked and split floor joists in the basement, and wet and moldy insulation under the cantilevered bay window (no rain on inspection day) that was recently installed to replace the other that rotted out. My report, with a few other observations, read accordingly.

Today, I got a call from a fellow NACHI member in KC who happened to be in the seller's realtor's office when he was on the phone gathering up his handpicked contractors to go to the house, today, and discredit my report. He took a wild (and accurate) guess that the home inspector being maligned and disparaged was me, and he was correct.

They couldn't do it. The report stands as written.

These are the same unethical, criminal slugs who duped their legislature in Kansas to think that they needed to control the home inspector in order to protect the consumer. Today...they collectively attempted to gang rape a consumer to save themselves a sales commission.

To those of you slimeballs who are reading this....you have three guesses as to which finger I am holding up, right now.

The many of you who make the honest and reputable real estate professional in your city look dishonest are scum.

I return you, now, to your regularly scheduled Kansas real estate sales commercial.....

Last edited by jbushart; 10/22/09 at 11:12 PM..
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  #2  
Old 10/22/09, 11:22 PM
James E. Braun, CMI James E. Braun, CMI is online now
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

That is the really sad part, Realtors who practice these techniques are harming their profession. What baffles me is why most other honest hard working Realtors do not do any thing about these unethical Realtors.

NAR Code Of Ethics - Article 1
When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client.


If a client is knowingly harmed by a InterNACHI inspector, the inspector would be kick out of our organization.

Last edited by jbraun; 10/22/09 at 11:28 PM..
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  #3  
Old 10/22/09, 11:58 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

The agent(s) should be reported to the KCRAR and their licensed revoked. Many agents are doing inspections, radon tests, and termite inspections, and getting their "contractor buddies" to help out. Some inspectors will become real estate agents in Kansas, and not be under any state law,rule or regulation. If Mr. Luke Bell, et al. put these rules into play, they better act upon what they preached and wanted, or the attorney general, and the governor will not at all be happy. I cannot wait for our media connection to drop all of this out on the TV.

This is all a simple power play for ego and money. Sadly, it is the way the whole country, and every industry, is going. We are the last of the honest, hard working Americans that take care of our neighbors and customers.
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  #4  
Old 10/23/09, 11:45 AM
Steven D. Farnsworth Steven D. Farnsworth is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

This is why there is no business in Kansas. I have documentation from agents, which thier clients are not choosing an inspection and news articles that a firm is producing "home checks." Saving money and not protecting the client. Sales are down 80% in the last 60 days, but homes keep selling. Well go figure !! It is not rocket science to see where the money is flowing.

Well the only way to stop agents for producing thier own home checks, using Home Depot Radon kits etc. and requiring Kansas inspectors to be licensed is to have a new LAW

"Require a Kansas Home Inspection on each Transation by a Kansas Licensed Home Insepctor." WOW to simple.

Questions:
Mr Jeff Barnes, How many inspections have you done in the last 60 days?
Of the 1500 homes sold in the last 30 days in Kansas City, Who knows how many were actually inpected?
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  #5  
Old 10/24/09, 1:55 AM
Dan Bowers, CMI Dan Bowers, CMI is online now
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

Gary & Steve -

Ever since I got into real estate inspections 32 years ago, it has been fairly common for a certain amount of real estate agents - If they got a negative report or one that reflected poorly on a house, to get on the phone to some friendly contractor, code inspector OR handyman they knew to repute the inspectors report and look for favorable comments (whether it be a report from a home inspector, termite inspector, chimney sweep, radon inspector or even structural engineer).

This has always been there. Different decade - Same SHEET!
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  #6  
Old 10/24/09, 2:19 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

I'll be back in the KC area on Tuesday of next week. Different municipality....different house....same inspector who provides his client with a complete, accurate and unbiased home inspection report.

I'll give the unethical and sleazy salespeople that I just dealt with another chance to operate at a higher level and to stop discrediting those decent people in their profession with integrity and honor.

I know you are reading this. How about it? Are you ready to sell a house, legitimately?

My advice to you is to have your state association stop fighting building codes and licensed contractors. That way, there will be fewer defects to kill your deals. Trying to exercise your influence and control over the home inspector, instead, is obviously not working.....
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  #7  
Old 10/24/09, 3:07 AM
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Dale Duffy Dale Duffy is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

Jim,

You need to get the New Media on this like stink on a skunk, if you told a good reporter what is actually happening in your state by all the crooked used house sales people I would think it would make the ABC or CBS Evening News if presented well, which I know you could most certainly accomplish, and it certainly needs to be done...!!

Unless of course the used house sales people have the Media in their back pocket as well, which I wouldn't doubt either..!!
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  #8  
Old 10/24/09, 3:19 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

Quote:
Originally Posted by dduffy View Post
Jim,

You need to get the New Media on this like stink on a skunk, if you told a good reporter what is actually happening in your state by all the crooked used house sales people I would think it would make the ABC or CBS Evening News if presented well, which I know you could most certainly accomplish, and it certainly needs to be done...!!

Unless of course the used house sales people have the Media in their back pocket as well, which I wouldn't doubt either..!!
There is one honest Kansas news station monitoring our board and doing taped interviews for a report that is planned in the near future, if it does not get shelved.

It is sad how few home inspectors are willing to come forward and put their faces on camera out of fear of losing the possibility of future referrals. The Kansas used house salesmen are withholding referrals from many, now....trying to starve them into submission.
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  #9  
Old 10/25/09, 11:46 AM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

Call me James, when you need any assistance. It is truly amazing what agents and lenders, even appraisers will do to validate a deal. They only think of themselves; not the home buyer. This is where we are different, the only honest ones left. They are trying to gang-up on us, but products such as this message board helps keep them at bay, much like Fox does to the hen house (oh, white house).
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  #10  
Old 10/26/09, 8:11 PM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

I have had cases where realtors have contacted municipal code authorities to dispute the legitimacy of my findings, and they have fraudulently cited sections of the code which did not apply to the circumstances present. Why? Because they made the error in plan review by not catching it. Then failed to correct it during construction.
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  #11  
Old 10/26/09, 8:34 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

Quote:
Originally Posted by bhoagland View Post
I have had cases where realtors have contacted municipal code authorities to dispute the legitimacy of my findings, and they have fraudulently cited sections of the code which did not apply to the circumstances present. Why? Because they made the error in plan review by not catching it. Then failed to correct it during construction.
This can only happen if you mention "code" in your report. Only an AHJ...no one else...can make the call as to what meets the minimum basic standard.

Writing it up in your report as "unsafe" or "not installed in accord with normally accepted building practices" simply puts your judgment against someone else's...but no one has the automatic "credential" to overrule you, except an AHJ on a code issue.
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  #12  
Old 10/26/09, 10:18 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Kansas City Realtors Tried to Rip Off My Client.

States and cities are fast running out of money. The first to be laid of will be code inspectors, building code managers, and code enforcement, since no one is building/constructing anyway. Therefore, contractors who are lucky to be still building now, know this, and shoddy construction will result. In the future, our jobs should be more needed then, but agents will resist suggesting the best inspectors, and will suggest only licensed inspectors. Buyers will later complain, but to who; the inspection industry as a whole. All inspectors must use caution when quoting, or even using the word, "code". Documentation, such as sellers disclosures, should be given to home inspectors before a home inspection begins, so we will have something to fall back on, when an attorney serves you. Then, you can get the seller and his/her agent involved, when the disclosure is false. Attorneys will love you, for the more fees they can charge when the trial is drawn out for longer periods of time, with more people involved in the case.

Moral; stay away from quoting code; use other terms.

Last edited by gfarnsworth; 10/27/09 at 2:23 PM..
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