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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.

View Poll Results: A State establishing minimum basic standards for HIs is good for HIs.
I agree. 154 69.37%
I disagree. 68 30.63%
Voters: 222. You may not vote on this poll

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  #1  
Old 9/25/06, 5:30 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Licensing Helps HIs/Yes or No?

Your thoughts.
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  #2  
Old 9/25/06, 9:34 PM
sspradling sspradling is offline
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Default Re: Licensing Helps HIs/Yes or No?

Perception is often times more "valuable" than reality.
The perspective of the buying public, regarding state mandated minimum standards, can be more important to our business, than an individual HI's perspective of state mandated minimum standards.
Stu
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  #3  
Old 9/25/06, 9:59 PM
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Default Re: Licensing Helps HIs/Yes or No?

I don't think that conservative organizations like banks are going to start requiring a HI with every transaction until we are licensed by the State. I also think that our E&O insurance would go down in price if the State took on a little liability by licensing us, and allowed us to limit our liability in our Inspection agreement. I also think it would give the rest of us a way to weed out worthless Inspectors who give the whole industry a bad name.

At the same time, I find it almost impossible to enforce, and I don't want the additional expense that licensing can bring. I don't want some dumb *** State employee drawing up a model that I have to use for my Inspection report.



“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual.” - Thomas Jefferson
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  #4  
Old 9/25/06, 10:43 PM
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Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by sspradling
Perception is often times more "valuable" than reality.
The perspective of the buying public, regarding state mandated minimum standards, can be more important to our business, than an individual HI's perspective of state mandated minimum standards.
Stu
Just what we need to add credibility to the $199:00 Home Inspector .
John Q will say to me Why should I pay you $399:00. Can Do Inspections is Licensed and only charges $199:00.
I am not sure if it would be good .
I do know it will put the Closed door associations out of Business.
That would be a BIG PLUS
Roy Cooke .RHI... CAHPI-ON. A Happy NACHI member
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  #5  
Old 9/25/06, 10:58 PM
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Default Re: Licensing Helps HIs/Yes or No?

Licensing weeds out the "shotty" inspectors. The low-ballers.

My opinion, licensing should be required in every state.
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  #6  
Old 9/25/06, 11:04 PM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by bdoles2
Licensing weeds out the "shotty" inspectors. The low-ballers.

My opinion, licensing should be required in every state.
Brian I wish you where correct but from what I understand it seems to work the other way.
Roy Cooke
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  #7  
Old 9/25/06, 11:14 PM
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Default Re: Licensing Helps HIs/Yes or No?

Brian,

Electricians and plumbers perform repairs, modifications, and installations which can kill. Many states have absolutely NO licensing requirements for electricians, plumbers, remodelers, and builders. Let's start there...

As to the HI industry, I beg to differ. IMO, licensing of our industry does absolutely NOTHING to keep out the low ballers. In many cases, it GUARANTEES otherwise incompetent inspectors a licensed profession. You know... shoddy inspections are routinely performed by the most experienced of inspectors...

As to market share and marketing practices (including low ballng), it all depends on demographics and local RE markets. For instance, an inspector who can afford to, can pretty much give inspections away, while spreading his name out there. He will gain exposure, and experience. He will build a client base. Eventually, he may become the inspector of choice for many. When his competition is run out of business, he raises his prices.

Where there are problems in an industry, licensing rarely guarantees anything. One thing is DOES provide, however, is an official method for registering a profession and provisions for sanctions against unscrupulous operators.

The rest is all hogwash. Licensing, where statistics cannot prove JUSTIFICATION for such measures, were dreamed up by a certain association hell-bent on control of this industry. Any group that pushes "model legislation" is out in left field as far as legitimacy of said legislation is concerned. The fact is that one size does NOT fit all.

Last edited by jfarsetta; 9/25/06 at 11:18 PM..
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  #8  
Old 9/25/06, 11:28 PM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Licensing Helps HIs/Yes or No?

thanks Joe well said .
Roy Cooke
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  #9  
Old 9/25/06, 11:44 PM
Richard L. Bennett Richard L. Bennett is offline
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Default Re: Licensing Helps HIs/Yes or No?

Back many years ago the FCC required all types of licences -- You had to be licenced to look at a transmitter and it went up hill from there.

They deregulated almost everything. Main pressure was from the phone companies among others

--- Back to the HI profession -- Do you think we should licence home buyer consultant companies that would work with a buyer to evaluate a property as to if it had any issues that should be addressed etc. etc.

License says that government knows enough about our profession to regulate it.

They can't regulate the inspecting of new homes -- what makes you sure they have the knowledge to regulate the sale of homes period.

If we do not self regulate as a profession -- thrust me the government will step in

This is one reason that I put my name in the CMI hat -- one I qualified and still do under the new rules and two THEY DID A BACKGROUND CHECK

This is self regulation --

Next step -- expand what and how we do things faster than the government can regulate us.

Example -- IR surveys -- Inventory checks -- site surveys -- air quality checks -- photo documentary services -- code checks (yes Greg I said it)

In short anything that is not regulated

When the Gov starts putting the hooks in areas that they know nothing about the tax payer (our clients) gets screwed

rlb
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  #10  
Old 9/25/06, 11:45 PM
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Default Re: Licensing Helps HIs/Yes or No?

If licensing were the panacea or the guarantee of quality work that many think it is, most of us would not be working. Much of the problems we find and document were installed, performed or repaired by licensed tradesmen and inspected and passed by state & county inspectors. We have licensed barbers in Florida but I can guarantee you I will get a bastard haircut better than 75% of the time if I don't go to my regular shop where they know me. Licensing in most States has had the exact opposite effect than what most believe. Sudden increase of 90 hour wonders with zero experience but licensed by the State. As far as the State picking up part of the liability for E&O...Don't believe that.
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  #11  
Old 9/26/06, 12:02 AM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by dedwards
If licensing were the panacea or the guarantee of quality work that many think it is, most of us would not be working. Much of the problems we find and document were installed, performed or repaired by licensed tradesmen and inspected and passed by state & county inspectors. We have licensed barbers in Florida but I can guarantee you I will get a bastard haircut better than 75% of the time if I don't go to my regular shop where they know me. Licensing in most States has had the exact opposite effect than what most believe. Sudden increase of 90 hour wonders with zero experience but licensed by the State. As far as the State picking up part of the liability for E&O...Don't believe that.
To bad there is not some way of knowing how long a person has been doing inspections .
It is my feeling that the majority of Home Inspectors who has been doing Inspections for some time thinks Licensing will not help the industry .

The newer Inspector feels it will add some creditability to them especially the 90 hour course completer.

Roy Cooke
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  #12  
Old 9/26/06, 12:33 AM
dthomas2 dthomas2 is offline
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Thumbs up Re: Licensing Helps HIs/Yes or No?

I see two types of licensing: 1. to ensure one has proof of appropriate background; 2. same as "1." except this one has an agenda. For example, many new home inspectors are required to have 100, + or -, inspections with approved HI's AND no minimum wage mandate for the new guy. This serves to further the bank account of existing HI's. Empire building is great for just a few - it is a damn shame when these few convince an entire industry that "what is best for them" is best for you and I. In the latter it is not enough to be worthy to compete on the basis of competence and experience - isn't this is when we loose claim to the right to say "Land of the free" "Democracy" and the like? Many professions do not require college degrees - yet it seems that this HI profession is driving itself in that direction when the same amount of money can be made with or without the degree. I suggest that each of you think about your background - ten years from now and if you were starting all over again, would you qualify? Would you have the desire to go back to college?
For today, can we get over trying to prove how much smarter we are than everyone else? As is, I have done about ten inspections and saved one of them more than $60,000.00 dollars on the purchase of their home. Each of the others I have done have exceeded the NACHI/ASHI minimum standards AND each customer is thrilled and recommends a home inspection to everyone they talk to(...) Some of you have heard, when the customers says "YES" then STOP SELLING. Gentlemen & Ladies, it is time to STOP SELLING. (NOT only that, needless effort is the root of big government, socialism, communism ... is there some way to get Hitler in here?)
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  #13  
Old 9/26/06, 12:42 AM
dthomas2 dthomas2 is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by rcooke
To bad there is not some way of knowing how long a person has been doing inspections .
It is my feeling that the majority of Home Inspectors who has been doing Inspections for some time thinks Licensing will not help the industry .

The newer Inspector feels it will add some creditability to them especially the 90 hour course completer.

Roy Cooke
Good thought Roy but I do well, and did well on my first one - wouldn't an individual's background and effort to 'learn and find' what is needed for the customer be most important?
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  #14  
Old 9/26/06, 12:49 AM
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by jbushart
Your thoughts.
It's just a matter of time before every state has licensing requirements, might as well plan on it, and try to make your state licensing the best.
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  #15  
Old 9/26/06, 12:51 AM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by dthomas2
Good thought Roy but I do well, and did well on my first one - wouldn't an individual's background and effort to 'learn and find' what is needed for the customer be most important?
I agree and it sounds like you where properly prepared not 90 hours .
I too from the get go have done well .
For my opening my first inspecton I charged more then all other HIs in my area and still do to this day.
Unfortunately many are not ready to do inspections when they start.
In My area about 90% are not in business in three years .
Roy Cooke
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