NAHI inspector says I'm full of crap.

[James H. Bushart]

Originally Posted by jhagarty

James,

Question was:

If the Conditions of Membership state one thing and the COE fails to address or implies the Opposite, would you believe the the COE to be deficient and in need of amendment?

Your Reply....



Thank you for your response...

You're welcome.

[Dan Bowers, CMI]

Everybody has talked this around, yet not hit the nail on the head. NAHI's COE say one thing, ASHI's something else - bottom line - what they say and what they do are 2 different things entirely - IN MY AREA - I've known various ASHI Members/Candidates that do repairs or have repair or some other type of mitigation, warranty, service, etc companies - but its the wifes, the brothers, the sons, company, etc - like ASHI, EBPHI & NHIE.

On the other hand, I don't know any NAHI Members IN MY AREA that do that. I find that a little more refreshing and ethical - being able to, but not!

[Dan Bowers, CMI]

Oh by the way - on ASHI's view on the RE license. I've had several people I know (including me) join them and simply say - Yes I have a RE license; I use it to buy and sell my own investment property; or I use it to manage RE property; or I use it because I buy/sell Commercial Property; or any number of similar instances - AND - that never came up as an issue in Membership.

Many people seem to mis-understand that part AND think there are no RE licenses at ASHI - Big time wrongo!

[Carl Pennick]

I have not read all the post's in this thread so I am sorry if I am repeating what someone else has all said.
This subject is a matter of morals and legality if NACHI fell it is morally wrong for a home inspector to carry out work on a home they have inspected then NACHI should continue with that stance whether it is legal in that state or not.
Greg Bell is always saying how we must raise the standards and the perception of our industry (to which he is 100% correct) allowing this kind of conflict of interest would be one huge step back wards in trying to achieve that goal

[James H. Bushart]

Originally Posted by dbowers

Everybody has talked this around, yet not hit the nail on the head. NAHI's COE say one thing, ASHI's something else - bottom line - what they say and what they do are 2 different things entirely - IN MY AREA - I've known various ASHI Members/Candidates that do repairs or have repair or some other type of mitigation, warranty, service, etc companies - but its the wifes, the brothers, the sons, company, etc - like ASHI, EBPHI & NHIE.

On the other hand, I don't know any NAHI Members IN MY AREA that do that. I find that a little more refreshing and ethical - being able to, but not!

I would suspect, Dan, that ASHI (like NACHI) does not actively police its membership for compliance with its COE - but, instead, relies upon written complaints to initiate investigations into alleged misconduct. If no one reports it, the association does not act.

Interestingly enough, however, is how ASHI has included a duty to report misconduct in its COE. Thus, failing to report a known violation is a violation of the code, itself. I wonder how many folks know that...

[rwand1]

Well in OAHI the Discipline Committee can launch its own investigation if they believe there is a breach of the COE/SOP. However they still must substantiate the charge, which to my knowledge they do not do.

[Vern Mitchinson]

One of my first inspections was for a young lady that had hired an Hi who recommended a contractor to do the work he recommended. She used my report to sue the HI and his brother the contractor for the mess made of her home.
Because of that experience I do not do any work on any property I inspect and I do not make any recommendation of any contractor. The only recommendation I make is to go to the phone book and the BBB.

[mlaverty]

Dear Nick, I am also a proud member of the Best Association of Home inspectors "Certified" In America and as such must stay current in all aspects of professional conduct and Ethics. As such there is an inherent "Conflict of Interest" with a ANY home inspector Offering to do ANY REPAIR'S IN ANY HOME HE OR SHE HAS INSPECTED OR IS IN THE PROCESS OF INSPECTING ... And ANY person Who cannot see that Conflict has in any book an Ethic's delema they need to correct if they want to stay in there choosen field ? But for Me to say that there is a Written Law Forbiding it ? I would have to say I have NOT seen it .. BUT I don't have to see a Written Law to know that there are some thing JUST PLAIN WRONG ! and Legally questionable !

[Joe Farsetta]

Michael,

But for Me to say that there is a Written Law Forbiding it ? I would have to say I have NOT seen it

This provision is currently written into NY State law...

[jbreazeale]

Mississippi also prohibits the practice of offering repairs to inspected properties within 12 months of performing the inspection. The language is nearly verbatim to language prohibiting this practice in other states. However, as is usually the case, there are those who manage to get around this. My own rule of thumb is that I will not refer ANY company or individual, advising clients only to make sure that they are hiring a qualified, licensed and insured contractor for whatever purpose might be required. Keeps me out of court.

[Nick Gromicko]

Jimmy, do you have the actual language or a link to the Mississippi law that prohibits inspectors from offering repairs like NAHI does?

[Nick Gromicko]

A seller interrupts a NAHI inspector to ask him if the furnace is OK. The NAHI inspector replies "I haven't inspected the furnace yet but I will be reporting that it needs to be replaced." Confused, the seller asks "How do you know that my furnace needs to be replaced if you haven't inspected it yet?" The NAHI inspector replies "Because I sell furnaces and have a new one on my truck that I need to sell." Offended by the NAHI member's lack of ethics the seller threatens "I'm going to call my REALTOR and complain!" The NAHI inspector then handed her a pre-paid phone card and said "Here, I sell phone cards too." Even more offended by the NAHI member, the seller says "I'd die before I'd buy anything from you!" The NAHI member, fumbling through a stack of his many business cards said "Wait, wait... I sell life insurance too."

[John Bowman]

Originally Posted by gromicko

Jimmy, do you have the actual language or a link to the Mississippi law that prohibits inspectors from offering repairs like NAHI does?

I'm not Jimmy, but I did sleep at the Holiday Inn Last Night.

Here is the Mississippi Law Link: http://www.mrec.state.ms.us/admin/do...F.07-01-01.pdf

[§ 73-71-27]. Penalty for unlicensed home inspection; licensee prohibited from
performing repairs; inspection of new construction
(1) On or after July 1, 2001, any person who acts a home inspector, or holds himself out as a home inspector, without being licensed under this act, shall in addition to any other penalty provided by law, be liable for an administrative fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense as determined by the commission.
(2) The commission has the authority and power to investigate any and all unlicensed activity.
(3) No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection.
(4) After October 1, 2001, no person licensed under this act shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization.

Here is Mississippi SOP and COE Link: http://www.mrec.state.ms.us/admin/do...deofEthics.pdf

The Member will not accept nor offer commissions or allowances, directly or indirectly, from other
parties dealing with their client in connection with work for which the member is responsible.

6.

The Member will promptly disclose to his or her client any interest in a business which may affect
the client. The member will not allow an interest in any business to affect the quality or the results
of their inspection work which they may be called upon to perform. The inspection work may not
be used as a vehicle by the inspector to deliberately obtain work in another field.

[David Nice]

Originally Posted by jbushart

Wisconsin law:

Inspector prohibition:

440.975(7)(e)
(e) Pay or receive, directly or indirectly, in full or in part, for a home inspection or for the performance of any construction, repairs, maintenance or improvements regarding improvements to residential real property that is inspected by him or her, a fee, a commission, or compensation as a referral or finder's fee, to or from any person who is not a home inspector.

Right idea but wrong section of Wisconsin law. Another somewhat confliting section prohibits us form doing work on a home for 2 years following the inspection unless we get written authorization from the seller PRIOR to the home inspection.


440.978(2) Subject to the rules promulgated under s. 440.03 (1), the
department may reprimand a home inspector or deny, limit, suspend
or revoke a certificate under this subchapter if the department
finds that the applicant or home inspector has done any of
the following:

(i) Performed, or agreed to perform, for compensation any
repairs, maintenance or improvements on any property less than
2 years after he or she conducts a home inspection, without the
written consent of the property owner given before the home
inspection occurred.

[John Cahill]

Nick,
Texas has prevented repair of deficiencies for many years. The time period was recently increased to a one year waiting period. The passage states:

"prohibits an inspector from conducting repair for a fee of any systems or components of property covered by the Standards of Practice on which the inspector has performed an inspection under a real estate contract, lease, or exchange of real property within 12 months of the date of the inspection;"

The minutes of the approval are at http://www.trec.state.tx.us/newsandpublic/meetings.asp
Click on minutes 8-7-06. Page 3, 2nd paragraph.

Violation of the rule is subject to enforcement action.

John Cahill
Chairman Texas Real Estate Commission Inspector Committee