Member of Kansas HI Board Encouraging Lawsuits in Newspaper Ad

[Dan Bowers, CMI]

Gary -

About 2 meetings ago we brought up that the Vice Chair was to be a HI and there's only 1 HI on the Board other than Jeff Barnes (chair).

Thats Ron Naab - Ralph Pinatel is mostly a Code or Environmental Inspector NOT a Home Inspector. Which also brings up the fact that most of us thought the HI Bill said 3 Members of Board were to be HI's NOT just Inspectors of some sort.

We moved Ron to the Vice Chair Position and within 5 minutes the AG assistant assigned to the Board said that could be confusing since the Chair, Vice Chair, and Secretary of the Home Inspectors Board (respectively Jeff Barnes, Attorney and Realtor) had already been assigned these positions and suggested waiting until Jan 2010 to consider changing the positions - Suprisingly the Chair went along with this.

So my belief is certain rules are enforced - Others are left to whim.

This Bill has been like a Chinese Fire Drill since Day 1 with the blind trying to lead the blind.

[James H. Bushart]

One more factor for the media.....2 out of 5 members are home inspectors.

This thing gets sadder and sadder.

We plan to exploit the happenings in Kansas when we present them to the Missouri legislature.....so, frankly, the more absurd it is for you guys the better it will be for us.

[Dale Duffy]

Originally Posted by gfarnsworth

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.

Gary,

I know you are not fond of Inspector Licensing, but if you want to work steadily, and abide by basic fundamental laws which were supplied by ASHI to and For the People of Arizona---

Come on down, there is more work here than me and Brian can handle---

I swear, I would move the hell out of that Marxist Regime coming to play in your great state.

[Dan Bowers, CMI]

To be fair to the Attorney, I've read the article several times and I could argue both ways as to if hes just warning consumers to watch out for legal pitfalls that take away their rights if something goes wrong or not.

With his position and responsibility to the states home inspectors however, I still think this is inappropriate for a Board Member

[Gary L. Farnsworth, CMI]

Note that the attorney in question was put on the board before he joined this other law firm; "a month ago". If I was board chairman, I would definitely question his ethics.

Dale, my October was second worse on record. Actually, I like Arizona. Perhaps moving to Missouri, just 4 miles from me, may be the way to get away from this sham, and just work there. I believe most agents here are staying away from all home inspectors, and just letting the roofers, plumbers, HVAC guys do the checks for free.

With the approval of the station, this subject will be discussed, and I will be, on the radio Sunday November 1, 2009 at 1:00 on KCMO 710 News Talk Radio.

[James E. Braun, CMI]

The thing that has really got me about the Kansas law is that it cannot be self-funded by collection of licensing fees. There is not enough home inspectors in Kansas to pay for an employee and an office properly, unless this guy is going to work and live in a van down by the river. Was this ever explained how????

[Gary L. Farnsworth, CMI]

No. The lawmakers on the commerce committe and ways and means were all blind to this. These laws are so bad that I cannot list all of the defects here. The board, rules, regulations, where the records are kept, offices, bank accounts, private application information, rights to invade a home inspector's home on a whim by ANY board member, members themselves, the way Senator Wysong addressed the Kansas congress on the last day to try to get the limits of liability changed (and according to the congressional congress secretary the Senators comments did not get into the final bill), board members have performed few, if any, inspections in the last 12 months, board members having rights to set any educational requirements, and fees for them, as they see fit, (this is why they do not want NACHI involved with their free CE's), an unethical Wichita attorney who claimes he is "vice-chairman" to try to market himself for the good of him, $10,000 surety bond to be held "by the board" if the inspector cannot get E&O insurance, on and on and on.

I have tried to explain all of this to the lawmakers of Kansas, but it seams that they want this to happen. Media does not want to broadcast stories affiliated with agents because they fear the losing of advertising.

This board, the home inspection laws of Kansas, the board members, the lawmakers themseleves need a good, honest home (attorney general, KBI, Governor office investigation) inspection so the defects will be revealed and documented.

By the way, I did get about one cent of my two cents worth of complaining about the laws on my radio show this afternoon. I hope some people were listening. I mentioned the hearing in Topeka this Friday. Andrew Bash, with the Bash Group of Prudential Kansas City Realty and I had an interesting discussion off the air. His group is top 13 in sales in KC, and he had no idea of licensing. I told him in about two minutes what I thought, and he was very surprised. It seams that RE's in Kansas are not informed of what is really happening, or is about to happen. Perhaps Mr. Bell and his KAR want it that way.

[James E. Braun, CMI]

MAR is the same way. Missouri Realtors have no idea what is going on in their own organization. Even the Realtors who volunteer to work in their PAC. MAR lies to them and they believe it. Sad but true.

[James E. Braun, CMI]

Without proper funding this law will be even a worse three-ring circus then it is now. I guess the big show will be in the middle ring beginning January.

[Dan Bowers, CMI]

Gary -

Actually I raised the funding issue with various Senators like Karen Brownlee; Susan Waggle; David Wyson; and Tom Holland over the past 3 years. However the Realtors Lobbyist (Luke Bell) and the KAREI President (Jeff Barnes) testified and told the legislators on numerous occasions that they had checked with other SMALL boards around Kansas and the Home Inspectors Board could easily be run for $20,000 to $40,000 and would be SELF-FUNDED by the HI's fees ($200 x 200-300 Inspectors).

I continually told the legislators that I had checked with Home Inspection Boards in many other states (like Oklahoma, Arkansas, Wisconcin, etc) and been COMPLETELY assured by those groups that $80,000 - $100,000 was the bare minimun need to run a SMALL Board.

No real fiscal study was ever done - Just guesstimates mostly based upon false or uninformed testimony of the people pushing licensure.

[Patrick Carter]

Originally Posted by dbowers

Gary -

Actually I raised the funding issue with various Senators like Karen Brownlee; Susan Waggle; David Wyson; and Tom Holland over the past 3 years. However the Realtors Lobbyist (Luke Bell) and the KAREI President (Jeff Barnes) testified and told the legislators on numerous occasions that they had checked with other SMALL boards around Kansas and the Home Inspectors Board could easily be run for $20,000 to $40,000 and would be SELF-FUNDED by the HI's fees ($200 x 200-300 Inspectors).

I continually told the legislators that I had checked with Home Inspection Boards in many other states (like Oklahoma, Arkansas, Wisconcin, etc) and been COMPLETELY assured by those groups that $80,000 - $100,000 was the bare minimun need to run a SMALL Board.

No real fiscal study was ever done - Just guesstimates mostly based upon false or uninformed testimony of the people pushing licensure.

Are there still even 200 inspectors left in this state?

[James E. Braun, CMI]

I heard maybe even less. I guess we will find out in January.

[Gary L. Farnsworth, CMI]

Realtors are leaving the industry in droves; they cannot afford their renewal fees that come due in January. Two offices up north have lost over 100 agents in the last month, and sold to Prudential KC.

Inspectors are also broke everywhere. Dan and I are getting there fast.

[James H. Bushart]

I notice a lot of activity on my website from Topeka, KS and from Overland Park, KS, today.

Could the media that I have been speaking with be disturbing some people with pointed questions? Film at eleven.

[Gary L. Farnsworth, CMI]

Good question, James. This can, and could be, a big regional story, and could go nationwide with the former Governor of Kansas now in Washington. She signed the piece of bull pucky laws just hours before resigning. Now, she is involved with national health care? The parallels are obvious.