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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. 153 69.23%
I disagree. 68 30.77%
Voters: 221. You may not vote on this poll

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  #76  
Old 10/22/06, 1:23 PM
rwand1 rwand1 is offline
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Default Re: Licensing Helps HIs/Yes or No?

I don't see how licencing limits competition if one is able to meet the qualifying entry requirements as enacted by licencing? It is not any different than entry qualifcationa of so called self regulating bodies. Who are self regulating bodies accountable to? No one but thier members, and certainly not the public who in reality they are serving.

Last edited by rwand1; 10/22/06 at 1:28 PM..
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  #77  
Old 7/15/07, 10:50 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Licensing Helps HIs/Yes or No?

According to the Missouri bill that Dirty Harry and the leaders of MAR are trying to get passed, the fee for every two years is about $1450.00 (if I remember right). Why can't MAREI (Missouri Assocaition of Real Estate Inspectors) take in dues like that or even less and do this themselves? With the proper promoting, (we will have the money) I can not see why this can not be done. I admit it will be alot of work, but we can do it. We do not what the state screwing with our profession. Their track record is not very impressive. Any reasons why it can not be done?
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  #78  
Old 7/16/07, 12:23 AM
Ted Allen Ted Allen is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by jbushart
Your thoughts.
It seems most folks favor licensing. Hell James I think folks should be accountable for there actions, as does the majority of Members.
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  #79  
Old 7/16/07, 9:48 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Licensing Helps HIs/Yes or No?

Ha, right in Missouri, you can rob somebody blind and still keep your license in most professions. You can work under the influence of drugs, and keep your license. That is why some of the biggest crooks out there want licensing - To legally screw over the consumer. Licensing solves nothing, just a minimuim standard.
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  #80  
Old 7/16/07, 1:52 PM
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klott klott is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by jbraun
Ha, right in Missouri, you can rob somebody blind and still keep your license in most professions. You can work under the influence of drugs, and keep your license. That is why some of the biggest crooks out there want licensing - To legally screw over the consumer. Licensing solves nothing, just a minimuim standard.
I have never heard it put that way, mind if I use it?
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  #81  
Old 7/16/07, 10:24 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Licensing Helps HIs/Yes or No?

I think I might of stoled that from Bushart.
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  #82  
Old 7/17/07, 1:29 AM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Angry The ASHI Coalition's National Agenda!

Quotean Bowers
Most guys I see or talk to across the country in favor of licensing are either:
(1) new and naively think it will bring credibility to them;
I am not too sure about this comment. Some, and I repeat some new inspectors might like licensing for its "credibility". Many of us "old timers" have all of the certifications, licenses, and so called accolades that we could ever want.

(2) old dogs having a hard time holding ground and hoping licensing will eliminate some of the competition - especially if they can make it very costly (fence me in - fence you out);
That is exactly what the ASHI coalition is doing. They wrote the law in order to “thin the herd” and get rid of their competition.

(3) people that train HI's for almost 100% of their revenue (if licensed - every new swinging weewee will have to go to HI school, so more bucks for them than if its optional as now); and finally
The former ASHI president, the current ASHI president, and the current ASHI vice president of "ASHI northern New England" are the authors of the ASHIFIED Senate Bill. They are pushing strongly far a "training program" that would force the majority of applicants to be "trained" under their tutelage. This translates into mega- bucks for them.

(4) our great white father HI Association that seems to think if they can push us all into regulation AND hopefully get their Stds in play AND their 3rd party Test shoved in maybe they can stack the state HI Board and gain more control.
Once again you are correct in your assessment. The only test that is "recognized" by the ASHIFIED Bill is the NHIE !
End Quote:


Dan!
You and I almost never agree on anything. That being said, You hit the nail right on the head!

That is EXACTLY what is happening in New Hampshire almost word for word! Items 1-4 seem to be a "national agenda" for all of the ASHI coalition's who are attempting to disguise themselves by calling them selves "independent coalitions".

Sadly, in New Hampshire we have a few naïve members who have stated on this bulletin board that "there really is nothing to worry about" and if you leave the ASHIFIED bills alone they will eventually die!

I hope that the different members from different states who under assault by the ASHI coalition's will give them a "verbal wake-up call " so that may be they can wake up and get their heads out of the clouds!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096

Last edited by fcarrio; 7/17/07 at 1:56 AM..
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  #83  
Old 7/17/07, 1:48 AM
jbreazeale jbreazeale is offline
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Default Re: Licensing Helps HIs/Yes or No?

The biggest problem with licensing laws (and I am pro-licensing), is that the HI orgs are NOT united. I've stated before, and I believe it to be clear, that there isn't a dime's worth of difference between SOPs and COEs, especially now that NAHI has come to reason, so to speak. Our "pie" nationwide is not big enough to weild influence over the NAR and various builder's organizations, we don't get the "big bucks", generally speaking, and we are divided by infighting, both between and within organizations. How in the name of heaven are we to have much influence over what gets written into HI law? In that respect, we, all of us, NACHI, ASHI, NAHI, and all the rest are equally at fault. So, who steps into the void but the benevolent protectors of consumer interests, the mighty NAR. We all know what their real motivation is, despite all the bull***** propaganda their lobbyists throw at unsuspecting and uninformed legislators. Hey, it's tough marketing directly to consumers. The realtors get them first, and they sure as hell are going to control as much of the whole process as they can get away with. That leaves us with the option of kissing *****, or figuring out a way around them. In a slow market, that's tough. On the flip side, uncertainty has caused a number of consumers to educate themselves to a degree, and grow a brain of their own and go out and find their own inspector. The best thing that could be written into any HI law is to separate the realtor from the process of procuring inspectors. I believe that can happen...but only with time, patience, careful education of legislators, and a united front. Until that happens, the NAR will continue to hold sway.
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  #84  
Old 7/17/07, 2:05 AM
dbelmont dbelmont is offline
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Default Re: Licensing Helps HIs/Yes or No?

Hello All,

A state mandated standard makes it harder to differentiate myself for marketing purposes. Plus, the public perception will skew even more towards home inspection as commodity if there is a state mandated minimum standard.

Also just saying "licensing" doesn't say what the rules are. As I understand things some states (Texas etc) really make it imposssible to differentiate yourself so price drops as all reports must be identical.

A state standard may even prevent me from offering certain services. Many times I sell consulting services that are based upon inspections but do not and are not sold as conforming to the SOP. Likely to be restricted or forbidden by a licensing law.

But loose licensing will hurt business and consumers as well. Because the consumer will assume that "licensed" means competent when we all know that is not try. They'll hire only on price since the inspector is "licensed".

Plus, every licensing bill or law I've examined seems clearly designed to unfairly benefit some group or another. All in the supposed name of the "consumer".

So given a choice I prefer not to have a licensing law as I'd rather not lower my standards to some state standard esigned by a politician.
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  #85  
Old 7/17/07, 2:34 AM
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Brian E. Kelly Brian E. Kelly is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by jbushart
Not in the USA.

Lawyers and Doctors are controlled by the American Bar Association (and state bars) and the American Medical Association, respectively. When you are admitted to either, you may practice.

God forbid, should a state legislature ever govern who may or may not remove a kidney...(meeting their minimum basic standard)

In the two professions you mentioned, as well as Home Inspectors in the State of Missouri, the government trusts the industries to govern themselves.



Doctors and Lawyers are governed by the state laws here James. Seems like your State Motto should change to the "Do me state" as you are so trusting. Builders here are also licensed as we are not that trusting of industry out west anymore.

Look for a tube of Chinese toothpaste from me at Xmass, unregulated mind you.
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  #86  
Old 7/17/07, 7:20 AM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Licensing Helps HIs/Yes or No?

Quote:
Originally Posted by bkelly2
Look for a tube of Chinese toothpaste from me at Xmass, unregulated mind you.
The thing is licensing on its own will not weed out those who set out to dupe and cheat the public, it was never intended to do so and anyone who believes that licensing is a worthy filter of scoundrels will soon be surrounded by new licensed impostors.

I have yet to find a worthwhile use for licensing but as of this writing home inspector licensing has proven itself to be useless in any measurable way to provide consumer protection or to limit inadequate unskilled under-educated inspectors from entering the field. Like the good book says we will always have the lame among us.



"A state of war only serves as an excuse for domestic tyranny." ~ Alexander Solzhenitsyn



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  #87  
Old 7/17/07, 7:39 AM
rwand1 rwand1 is offline
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Default Re: Licensing Helps HIs/Yes or No?

and... what about corrupt directors who won't follow the by-laws? I guess licencing won't solve that either. Members of any body are entitled to be governed honestly. Unfortunately licencing is the only thing that will cure that, because the members tend to be apathetic.
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  #88  
Old 7/17/07, 7:43 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Licensing Helps HIs/Yes or No?

We have several Tennessee inspectors who seem to become sexually arroused while reading their home inspection law, they love it so much...This local report from a Tennessee television station has got to be a heart breaker.

Quote:
Knoxville (WVLT) - Purchasing a home can be a stressful experience, but getting a clear idea of what you're buying should not be.

Hiring a home inspector to evaluate a property before it is purchased can save you money in the long run and ensure peace of mind now.

Nearly two -thirds of home buyers have been involved in a home inspection in the last year and nearly one-third have encountered problems with their home post-inspection.


A home inspection is an important step in the home buying process. Each day home inspections are done, with potentially costly ramifications for home owners if they aren't done thoroughly and properly.

Remember that an inspection is supposed to warn you about any problems before you buy it.

Here are a few things to help you hire a home inspector:

Always do your homework: check your home inspector’s credentials. Are they certified or members of NAHI or ASHI this may indicate the inspector's qualifications.

Check their experience: most professionals will say it's better to find someone who's performed at least 1,000 inspections and has at least 3 to 5 years experience.

Are they insured? Ask to see physical proof of coverage before you commit.
Get involved. While it's not required that you attend the inspection, it's a good idea that you're there to ask questions about areas that need repair.

Know what an inspector should be looking for. Structural problems, roof damage fire hazards, etc.

Ask to see the home inspection report. The report should be thorough and easy to understand. If the inspector’s notices problems with the house, it doesn't mean you shouldn't buy it, you'll know in advance what to expect and the seller may agree to fix those repairs.

Home inspections aren't just necessary for older homes. Newer homes can have just as many problems as an older home.

Home inspections are typically the "last look" a buyer will get before making what will be their largest single investment. That's why it's important to take the time to find a qualified, experienced professional who is going to do a comprehensive inspection they you can rely on.
In all of this typically ASHI advice on what to look for when hiring a Tennessee home inspector....did anyone read the mention of a coveted Tennessee home inspection license? Neither did I. LOL



James H. Bushart

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Missouri, Kansas and Arkansas
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  #89  
Old 7/17/07, 10:39 PM
Ted Allen Ted Allen is offline
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Default Re: Licensing Helps HIs/Yes or No?

Truth is that some HI's are afraid of being required to be licenced, not because they do not think they can pass the test, but the absolute fact of what it will do to the #'s of HI;s in the area. I have been here since the inception of HI licensing and I can tell you the truth. There was 2 schools when I did my gig, and now there are 17 give or take. This is an obvious, need inspectors ...need schools,but this has created the most nastiest of circumstances here in the (burn in hell) State.


I was licensed in 2003, there were 37 inspectors; In 2005 there were 289 inspectors. By 2007(to date) there were 104 inspectors. Hmmmm, what does this tell us?

I know it is futile, but I will always post what I know.


I have been sectioned to 4-8 weeks, as they must clear my clearence.
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  #90  
Old 7/17/07, 10:49 PM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Licensing Helps HIs/Yes or No?

If Missouri gets licensing I am going the opposite way, I will raise my rate dramatically. I am the most certified in my area. I just completed a class today on allergies, bacteria, VOCs, Antrax, etc. It seems the more I know, the more people will pay me. I love this country!
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