KANSAS Complaints Against Inspectors

[Dan Bowers, CMI]

I was just recently told by one of the ASHI inspectors in Wicheeta, that during the 1 year and 8 months there have BEEN a whopping 2 complaints filed against Kansas Home Inspectors.

Both were for the same VIOLATION / The inspector did NOT apparently send out a home inspection NOTICE (before the inspection) in ADVANCE.

This licensing thing MUST really be working. Before the licensing the Kansas Lobeyist (Luca Bella) and the KAR told our legislators ABOUT the hundreds OR thousands of complaints against home inspectors.

Now we're down to 2 complaints in 18 months. What a VICTORY.

[Gary Farnsworth]

And I bet that those two complaints where against inspectors that wrote detailed reports, found defects, so the buyers did not purchase the homes. The agent then found a flaw with the inspector, and complained.

I wonder who/whom complained; the agent or the buyer.

The only thing that these laws brought about here in Kansas, is to allow soft, basic, say-almost-nothing reports, brought about by the inspectors of another national orginization and the agents (KAR) themselves.

[Roy D. Cooke, Sr]

Complaints are easy but how can we confirm they are legitimate problems .
I would love to see the full complaints and the follow up was there some thing wrong?
.... Roy

[Dan Bowers, CMI]

Roy -

THERE was ABSOLUTLEY something wrong. The Kansas law requires an Inspection Notice (basically an inspection agreement) to be sent out in advance of doing the inspection.

The GUY did NOT do that / 2 complaints - same guy.

[Joseph Hagarty, CMI]

Did licensing provide for a uniform contract?

[Gary Farnsworth]

http://khirb.files.wordpress.com/200...ed-4-23-09.pdf

Yes, to some degree. All home inspectors have to have some statements in their "agreement/notice", however, the parameters needed are on this site, open to all.

[Joseph Hagarty, CMI]

Originally Posted by dbowers

Roy -

THERE was ABSOLUTLEY something wrong. The Kansas law requires an Inspection Notice (basically an inspection agreement) to be sent out in advance of doing the inspection.

The GUY did NOT do that / 2 complaints - same guy.

So 2 clients complained that they had not recieved their contract in advance?

What was their complaint?

The nature of...... Not likely it was they had not recieved in advance only..... sounds like a fish tale.....

[Gary Farnsworth]

Could be, Joseph. The Kansas laws will sunset in July of 2013 (expire) and will have to be renewed by the legislature. This will probably be discussed in the next session.

Rehteric is just starting. Politics. Gotta love it.

[Dan Bowers, CMI]

Joseph -

The same guy got 2 complaints / different clients for same thing.

NO standard form / Just a list of things it should include / same stuff you would put in your Inspection Agreement / Standards you follw / What youse gonna do / What its gonna cost / Your Limit of Liability / Etc

[Patrick Carter]

Originally Posted by jhagarty

sounds like a fish tale.....

and smells fishy, this I believe will turn out to be a whopper...

[James H. Bushart]

Originally Posted by pcarter1

and smells fishy, this I believe will turn out to be a whopper...

I agree.

I'm trying to visualize why a client who received a satisfactory home inspection would call the State of Kansas and complain that they did not receive a pre-inspection agreement prior to their otherwise satisfactory home inspection.

Once I can figure that out ... I'll start working on how likely it would be that a second person with a satisfactory home inspection would do the same thing.

Then ... after that comes together ... I'll try to accept that it was a coincidence that it happened to the same home inspector, twice, and to no one else even once.

[James E. Braun, CMI]

I wonder what will happen if this inspector does this again. Will Barnes sic Molly on him? Give me a break!

[James L. Keilson]

Originally Posted by jbushart

I agree.

I'm trying to visualize why a client who received a satisfactory home inspection would call the State of Kansas and complain that they did not receive a pre-inspection agreement prior to their otherwise satisfactory home inspection.

Once I can figure that out ... I'll start working on how likely it would be that a second person with a satisfactory home inspection would do the same thing.

Then ... after that comes together ... I'll try to accept that it was a coincidence that it happened to the same home inspector, twice, and to no one else even once.

After all that I would like to know if both complainants used the same used house salesman or Brokerage firm ??...would be interesting if that were to be the case.

Jim

[Dan Bowers, CMI]

Why it happened OR how we don't know / The Kansas law ONLY allows the client to complain. I understand he got additional CE levied against him.

In Kansas the 5 man Board hears complaints themselves (probably by phone conference) cause ain't hear one at BoD meetings. The complaints are NOT published on their web site and they don't got no newsletter, etc like Texas. So thats it.

[John Cahill]

Kansas is subject to Open Meetings and Open Records. Reference the attorney general website. http://www.kdheks.gov/open_records.html

The Board must post their meetings and you have a right to listen in, and for that matter record and post it. Sometimes enforcement actions can be held in executive session but the results of such must always be posted.

In Texas I often request open records on TREC inspection complaints. Sometimes they make me pay for the printing and sometimes not. I try to make it easier by asking for 1) the initial complaint 2) the inspectors report 3) any experts report 4) the final agreement.

I would submit the request but Kansas law may only apply to Kansas citizens. Its very easy to do. Just ask for all inspection complaints over a time period and be sure to cc the attorney general.

One more note, in Kansas they might be able to with hold in progress complaints. In Texas they cannot. If a case is open Texas must still surrender all data to a person making the request.