Member of Kansas HI Board Encouraging Lawsuits in Newspaper Ad

[James H. Bushart]

Here is the link.

Here is the ad:

Originally Posted by wichitanewspaper

Robinson, 30, joined Joseph & Hollander a month ago, bringing with him a program called RealAssist he created to help homebuyers avoid legal pitfalls during their purchase.
"It was something I developed in response to a client I wasn't able to represent," Robinson said. "She had an issue and had legally tied her hands when she bought her house."
For $375, Robinson will review a purchase contract, highlight any risks and show prospective buyers how to navigate around them.
Robinson, a Moundridge native, said many buyers don't realize inspectors have been legally allowed to limit their liability for negligence. Also, if contracts aren't detailed properly, a buyer can shield a seller or Realtor from liability for any misstatements in the contract or property disclosure report.
"I've done all the legal research on these transactions," said Robinson, who also serves as vice chairman of the Kansas Home Inspector Registration Board. "I just want people to realize there's a way to get yourself out of that Catch- 22. This is an affordable way of getting that knowledge out to people."

Read more: http://www.kansas.com/657/story/1031...#ixzz0VKwZTSMR

The Vice Chairman of the Kansas HI Board is a freaking lawyer who, for $375, will use his knowledge gained from his position to PRIVATELY get the word out. I wonder if that is what the Governor had in mind when he appointed this guy in the first place. Like a good barrister, he is just as anxious to help sue the realtor as the inspector. What a guy.

In the second place....why is the Vice Chairman of the HI Licensing Board in Kansas not a home inspector?

And how is he going to use his position on the HI Licensing board to help his clients "navigate around" the inspector's liability limiting clause - which is a part of the law that he and the other board members are supposed to be implementing, not looking for loopholes to sell to the public? That should be interesting.

When can we expect to see Rod Serling walking onto the set, smoking a cigarette.....?

[Gary L. Farnsworth, CMI]

As I have said before, Kansas lawmakers, who are mostly attorneys and real estate agents, put these laws into play to only benefit themselves, and not the home buyers. With an attorney on the board, he will write rules and set regulations only to add revenue to his own pocket. Other board members will also write home inspection rules to limit what home inspector can and cannot inspect, require large amounts of insurance, all so the buyers will sue us, so attorneys can extort large amounts of money from the inspectors and their insurance companies.

Lamakers, even the Governor of Kansas are all blind to this fact. I am a voter. I cannot wait for the next election to vote these "people" out of office. Even when they took the oath to serve the people of Kansas, I have yet to see proof that they actually serve the people; they only think of themselves, their special interest groups, and high-powered sales people. These home inspection laws gives the board absolute power to do and set anything they want and control, not only the home inspectors, but will also control the real estate industry in Kansas as a whole with the blessing of the KAR and Mr. Luke Bell.

Our freedoms are dwindling. These laws MUST GO!!!!!!!!!!!!!!!!!

[James H. Bushart]

He is selling to the public, for $375, his advice on how to "navigate around" a law that he was appointed to implement.

Is this not the most obvious and insane conflict of interest that a board member could ever exercise in?

And what in the heck is this guy doing as a "Vice Chairman" over the licensing of home inspectors?

This law was written by those with special interests to dupe the public into legislating their personal agendas. As it becomes more and more clear what those agendas are, it is time to repeal this travesty and allow Kansans to get more from their taxes other than cuts in education and health care.

[Gary L. Farnsworth, CMI]

Applause, Applause

[Nick Gromicko]

I can't believe that the Vice Chairman of the Board in charge of enforcing the law authored by the duly elected legislators of the state calls the limitation of liability a "Catch 22" in arguing that his services should be purchased to undermine the spirit of the law.

[James H. Bushart]

Looks like Molly is the only honest b i t c h on the Kansas licensing board.

[James H. Bushart]

Originally Posted by gromicko

I can't believe that the Vice Chairman of the Board in charge of enforcing the law authored by the duly elected legislators of the state calls the limitation of liability a "Catch 22" in arguing that his services should be purchased to undermine the spirit of the law.

Is it time for another letter from Mr. Cohen to the Governor or, perhaps, the State Bar Association?

[Joseph A. Ferry]

Originally Posted by jbushart

He is selling to the public, for $375, his advice on how to "navigate around" a law that he was appointed to implement.

Is this not the most obvious and insane conflict of interest that a board member could ever [engage] in?

Bold supplied.

Is that a trick question? I'm going to say "Yes!" Am I right?

Seriously, though, this guy is flirting with a disciplinary action.

Originally Posted by jbushart

And what in the heck is this guy doing as a "Vice Chairman" over the licensing of home inspectors?

He's obviously "wired".

[Brian C. Hoagland]

Doesn't the Bar association in your state of Kansas have any rules or coe that would have been violated in this obvious case of conflict of interest. At the very least this attorney is violating a public trust by being on both sides of any issue arising which may require an objective opinion. If he can't be removed from office or refuses to cease and desist from further immoral and potentially illegal action then he should be (Fill in the blank).

[James E. Braun, CMI]

Originally Posted by bhoagland

(Fill in the blank).

be held down, a carrot sharper rotated inside his noise and then be forced to snort Bactine.

[James H. Bushart]

The corruption of the licensing board is complete.

The ASHI bias displayed by the Chairman began when he was pushing for the law and has not waivered through the process whereby he has adopted the ASHI SOP, the ASHI entrance test, and is set to highlight ASHI training programs for pre-licensing education.

The Attorney who serves as vice chairman (a fact that still boggles my mind) has demonstrated his motivation to serve by making money ($375 per shot) at helping people "navigate their way around" the law that he has been appointed to implement.

The third member is a real estate salesman. Enough said, there.

The law should be repealed. Immediately. The scam is apparent to everyone. Scatter the special interests who made it this far and there will be no one left to advocate or otherwise push for another bill, beside the real estate salesmen.

I have asked Nick to file a complaint with the Kansas Bar Association on behalf of all NACHI members regarding this unethical behavior by one of its members. Remembering that he is now also a member of the Kansas government, I think that the Governor needs to respond to this as well.

I have been in contact with printed and electronic media persons in Kansas and this issue is not going to disappear, IMO.

[Dale Duffy]

You blow my mind Jim, this has to be by far the most insane, ridiculous, outlandish, acts of ...shall I use the word Conspiracy?

• Conspiracy (civil), an agreement between persons to deceive, mislead, or defraud others of their legal rights, or to gain an unfair advantage.

Yep..I think Conspiracy is a good word.

Incredible---

[Gary L. Farnsworth, CMI]

I sat in a hearing that was chaired by Senator Wysong. It was stated that the vice-chairman of the board was to be a home inspector, in case something happend to the chairman.

This board is operating and creating laws, rules, and regulations as they see fit, without any state inference. Who is guarding the board?

Dan, where are you?

[Joseph A. Ferry]

Originally Posted by bhoagland

Doesn't the Bar association in your state of Kansas have any rules or coe that would have been violated in this obvious case of conflict of interest.

[Bold supplied.]

I sincerely hope so.

Originally Posted by bhoagland

At the very least this attorney is violating a public trust by being on both sides of any issue arising which may require an objective opinion.

Years ago, my late law partner, L. Oliver Frey, filed a complaint on behalf of a client alleging, inter alia, that the defendant law firm had been on both sides of an issue. A leading light of the defense bar entered his appearance on behalf of the law firm and called Oliver and asked "Ollie, what's this case about?"

Oliver: "Well, David, did you read the complaint?"

David: "Yes."

Oliver: "Well, your guys were on both sides of this deal."

David: "So?"

Oliver [incredulous]: "Well, David, . . . if that's your defense . . . I suggest you start writing checks."

Originally Posted by bhoagland

If he can't be removed from office or refuses to cease and desist from further immoral and potentially illegal action then he should be (Fill in the blank).

Disciplined by the Supreme Court of Kansas? Am I right?

[Gary L. Farnsworth, CMI]

The attorney, that represents the board, works for the attorney general's office. And, with the attorney in question on the board, both are in conflict, or cahoots.

For the average person, there is nothing you can do to stop this conspiricy, without the feds getting involved. I believe that the Kansas supreme court, the KBI, or the Kansas Bar association will have nothing to do with this, unless they want the media that comes with this sort of thing. With the former Governor of Kansas now in Washington DC, who also assigned these "people" to the board, this may have national implications. Where do we go from here? No one has the money for a lawsuit; and the board knows it.

The hearing of November 6th at 1:00 in the basement of the Docking building just west of the state capitol, will be interesting indeed.