Missouri's Legislative Shamefulness

[Dan Bowers, CMI]

At this point its no longer any deep secret. In the late 90's (1997-1999) the NAR established maybe 10-15 long range political or legislative goals for themselves.

Getting home inspectors UNDER CONTROL or "legislated" EVERYWHERE in the USA was part of those long-term goals. Besides getting the HI's under control it did 2 other very important things:

1) Helps SHIFT liability off RE Agents, contractors, sellers OR others in the transaction if something goes wrong, and 2) Running loose in the backyard - cats are hard to manage / BUT, if you can get the cats into a 8'x5' bathroom its much easier to manage them; train them to do things the RIGHT way; or use your political clout and $$$$$$ to get the rules governing them changed (Like mandatory E&O in Texas when they'd had the BIG state recovery fund sucessfully in place for years).

After NAR started the process, the states picked it up from there. As Gary and Jim have pointed out in previous POSTS - There was NO CONSUMER outcry for getting home inspectors licensed OR regulated in Kansas or Missouri. Quite the OPPOSITE. In checking with the BBB, consumer groups like HADD, the state AG's offices and in studies like the OHIO state home inspector survey and in research by investigative reporters like Paul Wenske at the KC Star / It turned out that the home inspectors in Kansas and Missouri were NOT PERFECT - BUT had almost NO RECORDED complaints in either state / If memory serves me correctly there were about 7 complaints over a 4 year period with these groups (BBB, HADD, AG's Office, etc) / WHILE there were HUNDREDS of complaints against others like contractors, RE Agents, etc.

BOTTOM LINE - the state Realtor Groups (KAR & MAR) keep throwing $$$$ and votes at legislators to make an unneccessary piece of legislation go through.

Then come the special interest groups like attorneys, people that make their SOLE living doing training, and in each of these 2 states ONE particular association of HI's.

[James H. Bushart]

When a loser like Mike O'Handjob objects to your position on an issue, it is a certainty that you are on the right track.

[Michael R. Boyett]

Originally Posted by dbowers

It turned out that the home inspectors in Kansas and Missouri were NOT PERFECT - BUT had almost NO RECORDED complaints in either state / I memory serves me correctly there were about 7 complaints over a 4 year period with these groups (BBB, HADD, AG's Office, etc) / WHILE there were HUNDREDS of complaints against others like contractors, RE Agents, etc.

It can be argued that in licensed states that track such activity that the complaints against Realtors may be 75x or more than the number of complaints against inspectors. While any defined group of people will have a certain number of less than stellar performers there is no evidence to suggest that home inspectors are any less capable than any other group. Indeed, if the complaint ratio is any indicator then perhaps the shoe is on the other foot. One such study showed 1,663 complaints against 120,000 Brokers/Realtors/Agents in one state in 2008 versus 20 complaints against 3,000 home inspectors. That means that about 1.4% of Realtors will have a complaint lodged against them in any given year compared to only 0.67% of home inspectors. Therefore, Realtors are twice as likely to have a formal complaint lodged against them than an inspector.

[Mike O'Handley]

Originally Posted by jbushart

When a loser like Mike O'Handjob objects to your position on an issue, it is a certainty that you are on the right track.

Jeez,

That's all you've got - to take a shot at my name? Talk about lame!

And he calls me a mental midget!

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI
Your Inspector LLC.
Kenmore, WA

[James H. Bushart]

Originally Posted by mboyett

It can be argued that in licensed states that track such activity that the complaints against Realtors may be 75x or more than the number of complaints against inspectors. While any defined group of people will have a certain number of less than stellar performers there is no evidence to suggest that home inspectors are any less capable than any other group. Indeed, if the complaint ratio is any indicator then perhaps the shoe is on the other foot. One such study showed 1,663 complaints against 120,000 Brokers/Realtors/Agents in one state in 2008 versus 20 complaints against 3,000 home inspectors. That means that about 1.4% of Realtors will have a complaint lodged against them in any given year compared to only 0.67% of home inspectors. Therefore, Realtors are twice as likely to have a formal complaint lodged against them than an inspector.

This is why, thus far in every state that has inflicted home inspection licensing on its citizens, there has not been a single law that was consumer driven. The consumers are not complaining...the salesmen are.

In Missouri, the dishonest salesmen (not all of them are) has the best of all worlds, for in 80% of the state there are no code violations. Every system in every house is totally subjective, since there are no standards and no inspectors to enforce them. It may not be "perfect" but it does not "violate" anything.

That is...until the home inspector comes along.....

[Gary Farnsworth]

With JB's post above, I hope all home inspectors in other states that are licensed understand why us inspectors here in Kansas and Missouri are so bitter about home inspection licensing. There have been dozens of fraud cases in the last few months, just around KC, about lenders and agents who transact hundreds of unlawful transactions, all to make money. The KAR, NAR, and several other groups want licensing to put a "leash" on us, so we do not find home defects, locate poor builder practices, and inform our clients, who pay us, about sub-par and defective homes. They do not want us to kill their deals. If a buyer, or an agent, finds (or makes) a defect even just a few days after our inspection, we are liable for the defect, because it was not on our report at the day of the inspection. If a buyer stops a deal because we found a major defect, the buyer walks, and the agent is out money; so he/she finds a defect after the inspection, and lawsuits will follow. Attorneys and insurance agents love it; that is why they are so heavily involved. The home inspection board in Kansas is worthless, as they are not fighting or questioning these tactics in any way.

I heard today that Senator Dennis Moore, a long-time senator from Kansas, is for this Cap and Trade bill. If it passes, Kansas home inspection laws will have to be re-written, or disolved entirely. The Cap and Trade would force all home sellers to get a pre-sale energy efficency inspection/audit on every home before it goes on the market. The KAR and the NAR should be focusing their efforts there, and not the home inspection laws. SB 329 needs to be changed, voted for in the January 2010 session, all to eleminate these useless laws in Kansas.

[James E. Braun, CMI]

Originally Posted by Mike O'Handley

I'll agree to a point, but it does you no good to have quality control guys that don't know at least as much about the process as the guys on the assembly line.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley
Your Inspector LLC.
Kenmore, WA

Lets leave ASHI inspectors out of this. Just because ASHI inspectors have very little access to affordable education, does not make them bad inspectors. I admire inspectors that belong to an association such as ASHI that has to deal with their handicap on a daily basis.

[Mike O'Handley]

Cute,

Leave it to someone on this board to try and make it all about interNACHI versus ASHI don't you association guys ever tire of flogging each other with wet noodles?

Since there are probably more independents in the country than those in the associations, maybe it's the independents that should be looking at the fanatics in these associations as the handicapped ones.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI
Your Inspector LLC.
Kenmore, WA

[Dan Bowers, CMI]

I partly agree with James Braun, lets leave ASHI out of this.

Just because in Kansas and Missouri when licensing came up a small select group of ASHI inspectors jumped in there, to assist the Realtors or legislator putting the unneeded and unwanted Bills together DOES NOT mean all of the ASHI inspectors were behind this BS.

One of the ploys I've seen out here is that when special interests start working to regulate and NEUTER home inspectors, the legislators LOOK to the OFFICIAL state home inspection association for guidance.

If there IS a state group - but its NOT controlled by ONE specific home inspection association / a small group of those inspectors form their OWN state home inspection association AND then they AND the realtors PUSH this group to the state legislators as the OFFICIAL state home inspection group that REPRESENTS all the state home inspectors, etc.

Then, although other groups may write letters, send emails, testify in hearings, etc - the OFFICIAL home inspection group is the ONLY group the legislators work with writing the laws, etc.

Then when the state HI Board is set up .....................

COOL ain't it .............. A rose by any other name is ................

[Steven J. Wessler]

Related Issue for Mr. Bushart and or Nick
I was viewing TAMHI's web site and reviewed the post about the missouri bill on inspector licensing. Will it go into effect on 1/1/2010 or has it been tabled?

[James H. Bushart]

O'Handjob has never allowed the truth to interfere
with a point he wanted to make. Every couple of years I happen to stumble across his blog to read the three to four comments added since my last visit in search of something timely or relevant. Maybe someday....

[Mike O'Handley]

Why bother responding? Has anyone ever seen Bushart admit he is wrong about anything? He is indeed a very Peckish person.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI#202
Your Inspector LLC.
Kenmore, Washington

[James E. Braun, CMI]

Originally Posted by swessler

Related Issue for Mr. Bushart and or Nick
I was viewing TAMHI's web site and reviewed the post about the missouri bill on inspector licensing. Will it go into effect on 1/1/2010 or has it been tabled?

It is dead. The bill will be defeated each year if home inspectors in Missouri would join forces to protect the consumers and the inspectors from an unjust licensing. That is one of the main reasons TAMHI was formed. What happened in Kansas is, there were too few of the inspectors that actually fought off the bill. Each Missouri inspector needs to stay active with what is going on with home inspection licensure, or we will wind up like Kansas. Sad but true.
Licensing is like a snowball it will get bigger when it starts to roll. Keeping the heat on the snowball (and occasionally pissing on it) will keep the snowball melted.

[James H. Bushart]

The Kansas City, Kansas realtors who pushed the Kansas bill only have half of a victory.

Half of their market still lies in an area where there is no realtor and trial attorney sitting on a board governing home inspectors and this bothers them very much.

They are working hard to change that so that they have all of Kansas City. To do this, they must defeat our entire state.

Should we allow them to do this?

[James E. Braun, CMI]

Originally Posted by Mike O'Handley

Why bother responding? Has anyone ever seen Bushart admit he is wrong about anything? He is indeed a very Peckish person.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI#202
Your Inspector LLC.
Kenmore, Washington

Do a search on this message board and you will find Bushart admitting he was wrong several times, just like most of the inspectors on this board has. He has even apologized when he was not really wrong. He admits when he is wrong, and that what makes him the great man that he is.