Missouri ASHI Inspector Speaks Out

[Dan Bowers, CMI]

Guys -

Another local KC home inspector forwarded me a copy of a young St. Louis home inspectors take on HB-122 and HB-220 in Missouri. Those are the HB-122 (licensure of home inspectors with them taking liability for the house for 5 years after the inspection); and HB-220 that says unless the real estate licensee SOLELY engages the services of a VENDOR (like home inspectors, termite inspectors, pest control operators, engineers, other contractors, etc) that the real estate licensee will have NO LIABILITY if **** hits the fan (my words).

The young man brings up some very interesting thoughts and has obviously given these Bills a lot of thought. I wanted to get your thoughts and feedback on them. One thought that I have and I find intriguing is that if I buy a house AND want to purchase a home warranty policy, MOST home warranty policies cost about $425 - $450 (for an average size home) and ONLY go for 1 year.

After 1 year if you want to EXTEND them you RENEW and pay another $425 - $450 for another year (unless the premium has gone up - then you pay more). In my mind it seems logical that if realtors want us to be liable for a house for 5 years, the customers should have to RENEW with us ANNUALLY and PAY us more MONEY. OR I guess they could just MAKE 1 payment upfront and BUY however many YEARS of liability they WANT. Seems fair to all parties to me, AND the Realtors get what they want / The customer gets to CHOOSE the level of PROTECTION with us that they are WILLING to spend $$$$$ for.

Dan Bowers
Dan Bowers, CMI, CRI, CPO



Heres the St. Lous Home Inspectors Comments .....................
__________________________________________________ ______________________

From: Ryan Heyl [mailto:ryanaheyl@gmail.com]
Sent: Monday, January 31, 2011 8:34 PM

Any inspector who feels they should not be held reliable for a defect, is highly mistaken. As an inspector, to be held responsible for a house for five years....That is unconstitutional. To many things have the potential to happen with a home regarding weather, soil conditons, etc. If an inspector is doing his or her job, be thorough and educational, they should not worry about being sued and hiding behind disclaimers or agents. I personally think that an agent should not be held responsible for referring an inspector and I also think that all inspectors' should expect to take on reliability for there performed inspections, stepping up to the bar if a problem ever arises.

Though to be help accountable for a home for five years is rediculous, I feel an inspector should be willing to guarantee a home for 6 months to one year barring special circumtances.

If an inspector feels they are only responsible for a one time visit, shame on them and I feel they need to go back to there old profession and quit makeing the quality inspectors' look bad. I have great respect for this profession and am proud to be in it. I have been in and around the business my whole life thanks to my father (Richard Heyl) who help build this business to what it is today nationwide.

I will defend and back our profession and my piers to the end but will not stand for ignorance or someone not willing to stand behind there work.

[Gary Farnsworth]

Show me any car company that is responsible for the maintenance of any used car after purchase for 5 years. Show me any home builder that will warrant a brand new built home for 5 years. Show me any car company that will warrant all of the parts of a new car for 5 years. Show me an appliance manufacturer that warrants their products for 5 years.

Does Wal-Mart warrant any of their products that they sell for even 30 days, let alone 5 years?

The agents just do not want anything to do with any home after the buyer closes. Nothing is their fault. Right.

Acts of God? Earthquakes? Hail storms? Heavy snow? Give me a break. No one can warrant anything for any length of time. All companies have fine print. We will too.

Look to see how California makes you responsible for a home for 5 years.

If contractors, roofers, any home repair persons do any home repairs, they should then all warrant their own work for 5 years, and they all should then, as a result of the 5 year warranty, all be licensed. Home builders, electricians, HVAC, plumbers, all repair persons. How about termite and insect treatment companies? Fair is fair. We cannot be responsible for someone else's shoddy work.

If any repairs are made to the home during that 5 year period, we should then inspect the repairs for a fee, and the contractors must provide a 5 year warranty on their repairs and replacements. We should also inspect the home every 6 to 12 months, for a fee. If the repairs we find are not repaired, shame on the home owner/buyer. I like the man's ideas for yearly renewals. If the buyers do not do the repairs we find, we cannot be responsible for them. No one can warrant anything for any home for any length of time, especially with any home over 50 years of age. RE's just want us out of the way, so they can sell the homes AS IS. No inspector can warrant their work for over 30 days.

If inspectors are responsible for the home for 5 years, then all homes must be inspected for any RE transaction. Mandate home inspections.

So, I guess perhaps we are done doing inspections in Missouri if these laws pass. That is what the RE's want anyway. Buyers will then purchase homes with scores of defects, in AS IS condition, and the home buyer will never know what they are about to spend their money on. Just like Kansas, buyers lose.

[Gary Farnsworth]

If there are any California home inspectors out there, help us here in Missouri and Kansas inform the RE's and lawmakers, who monitor this board, how California does their 5 year program. Perhaps some links. Do other states offer a 5 year commitment by inspectors? How do inspectors get around the 5 year number?

[Dominic J. Maricic]

What 5 year number? There's not even licensing in California!

[Gary Farnsworth]

Thanks, Dom. I knew there was no licensing in California. I was just trying to find out if there are any states that have a home inspector requirement of responsibility on a home of 5 years. I remembered seeing something about 5 years in California, but cannot recall.

[Dominic J. Maricic]

Okay, I know what you're referring to. California does have precedent set in the legal system where someone is responsible for their reports for 4 years (I think it's 4). This doesn't mean you're warranting the house in any way. What it means is that someone can come back to sue you, even if they weren't the owners at the time, if you wrote something incorrect at THAT time. Which has to be proven of course.

[dmcmullen]

Here is what the B&P code says for California home inspectors.

7199. The time for commencement of a legal action for breach of
duty arising from a home inspection report shall not exceed four
years from the date of the inspection.

David

[Nick Gromicko]

LOL! I really don't think any ASHI member has any right to complain about crappy licensing. That is really absurd. Ronald McDonald complaining about fast food would be less absurd.

Does this clown know that his ASHI dues goes toward pushing for these laws?

[Dan Bowers, CMI]

Maybe I'm old fashioned BUT his spelling or grammar left a little to be desired.

[James H. Bushart]

Originally Posted by gromicko

LOL! I really don't think any ASHI member has any right to complain about crappy licensing. That is really absurd. Ronald McDonald complaining about fast food would be less absurd.

Does this clown know that his ASHI dues goes toward pushing for these laws?

Obviously not.

[Blaine Wiley]

I doubt we would get to, but it would be nice to see this clowns tune after he's been in business for a few years, if he makes it that long.

[Dan Bowers, CMI]

Blaine -

I found out his daddy was a past national PRES about 20 years ago. Their company has been in St. Louis since at least 1982.

At one time had as many as 11-14 inspectors working for them.

Amazing........

[Nick Gromicko]

He's an idiot with an ASHI logo to prove it.

[Gary Farnsworth]

I am glad you said for us.

It is amazing that most states, even Missouri, do not have any home building standards in every county of their state. Now home inspectors in states that have state wide home inspector licensing, how do they know if a defect is a defect, when the state has no building standards?

Goes to show that it is the agents who want basic "standards" for the inspectors, so the inspectors are forced to perform minimum basic inspections and reports, at cheap prices, all legally, (as is the case in Kansas) so the agents can sell homes and make money.

This is not about helping the consumer. This is about filling pockets with money, whether those funds go to lawmakers, agents, brokers, educational providers, insurance providers, etc. This is not about serving the home buyers. That, is what is really sad.

[Brian E. Kelly]

Originally Posted by dbowers

____________________________

From: Ryan Heyl [mailto:ryanaheyl@gmail.com]
Sent: Monday, January 31, 2011 8:34 PM

Any inspector who feels they should not be held reliable for a defect, is highly mistaken. As an inspector, to be held responsible for a house for five years....That is unconstitutional. To many things have the potential to happen with a home regarding weather, soil conditons, etc. If an inspector is doing his or her job, be thorough and educational, they should not worry about being sued and hiding behind disclaimers or agents. I personally think that an agent should not be held responsible for referring an inspector and I also think that all inspectors' should expect to take on reliability for there performed inspections, stepping up to the bar if a problem ever arises.

Though to be help accountable for a home for five years is rediculous, I feel an inspector should be willing to guarantee a home for 6 months to one year barring special circumtances.

If an inspector feels they are only responsible for a one time visit, shame on them and I feel they need to go back to there old profession and quit makeing the quality inspectors' look bad. I have great respect for this profession and am proud to be in it. I have been in and around the business my whole life thanks to my father (Richard Heyl) who help build this business to what it is today nationwide.

I will defend and back our profession and my piers to the end but will not stand for ignorance or someone not willing to stand behind there work.

You can not be serious.

OR

Yew ca knot B Sirrus.