News Media Catching on to Home Inspector Licensing Scams

[Dan Bowers, CMI]

You are very right on 1 aspect. Many inspectors complained BUT when it came time to show up at legislative hearings OR association meetings less than a handful ever showed and raised their voices where it counted.

[Joe Farsetta]

But Dan,

YOU were the expert with ALL the ammo you needed. Yet, as I recall, you were hedging as to when to unleash everything. Unfortunately, by the time you were ready to expose things, you had already lost the war. Political correctness didnt get you a position with the new faction, and in fact, helped no one.

In my world, the best defense is a great offense. One cannot be in stealth mode where they are so stealthy their voice is but a whisper behind a curtain.

[Dan Bowers, CMI]

Joe -

We had the ammo AND it was given to the legislators, the media, etc.

The realtors however gave votes AND $$$$$ to the legislators.

The Kansas and Kansas City media were given the ammo. They always had an excuse to NOT play it OR write it, etc. ABOUT 4-6 of our people called, wrote or emailed Governor Sebelius, the AG's office, the legislators, other associations, the news media, etc on an ongoing basis Some of these hero's were:

Mike Pritchett (Pres of the Heartland NAHI Chapter; Paul Sabados with NACHI; David Moriconi Secretary / Treasurer of KARCI & NACHI / ASHI member; Mark Adams - NAHI member / Pres of MAREI / Past ASHI Officer; Mike Greenwalt - NAHI / ASHI member & KARCI lobbyist; John Kurtz - Past ASHI Officer / Past NAHI Chapter Pres / Member of KARCI; Paul Romer - Past ASHI National Board Member; My self - NACHI / ASHI / NAHI member / Past President of 2 ASHI Chapter / 3 Times Past National Board Member ASHI.

We had letters from the BBB, the AG's office of consumer affairs and HADD Pres (Nancy Seats) stating that YES we had complaints BUT they were less than FLORISTS complaints (5-7 over a 3 yr period).

We successfully fought this back for the past 4 years BUT the realtors made a knock down attempt in an election year using $$$$$ & votes.

AND although other guys got on web sites and made a lot of noise WHEN it came time to show up in PERSON at the meetings / We NEVER had more than 4-5 INSPECTORS out there OPPOSING it / SO it was REAL EASY for the realtors lobbyist, the trial attorneys lobbyist, and the PRES of KAREI to CONVINCE the legislators the COMPLAINERS were ONLY 4-6 guys.

END of story.

WE WERE THERE / MOST NOBODY ELSE WAS, or IF THEY were making noise, they alienated SO many people we couldn't get legislators to work with us OR even hardly pay attention to what we were saying.

BOTTOM LINE / THIS Bill (HB-2260) was bought and paid for by special interests.

[Gary Farnsworth]

And written by attorneys paid by the RE agent associations, and introduced to the legislature by lawmakers who themselves are developers, RE agents, mortgage lenders, etc.

[James H. Bushart]

Posted on Sat, Nov. 28, 2009
Some home inspectors say new Kansas law doesn’t pass the test

By DAVID KLEPPER

The Star’s Topeka correspondent

TOPEKA |


For years, anybody with a stepladder and a flashlight could work as a home inspector in Kansas.


There were no state licenses for inspectors and no state agency to complain to if inspectors failed in their job.


But a new law imposing regulations on Kansas home inspectors has set off a firestorm in the industry. Some inspectors argue that the law will drive good inspectors out of business, hurting the very public the law intends to help.


“I’m worried about my business right now,” said Gary Farnsworth, an Olathe inspector who has deluged lawmakers with requests to reconsider the law. “I don’t want somebody running my business. This gives the (regulatory) board absolute power to control the industry.”


Under the law, inspectors must register with the state and abide by professional standards derived from national inspector associations. They must be trained and meet continuing education requirements. The law also requires inspectors to have insurance and caps liability for inspectors who are sued at $10,000.




Of particular concern to Farnsworth is a provision that allows the licensing board to examine the work records and reports of inspectors under investigation.


Lawmakers who pushed for the new law argue that homebuyers deserve to have protection from inspector negligence. They said most inspectors already abide by the new standards voluntarily. And they note that real estate agents, architects, appraisers and mortgage brokers already are regulated.


“It’s a basic consumer protection,” said Rep. Steve Brunk, a Bel Aire Republican and one of the prime advocates of the legislation. “We felt there needed to be some minimal standards.”


But Farnsworth and some other inspectors are fighting the new rules.



They accuse the man charged with implementing them of abusing his position for personal gain.


Jeff Barnes, a Wichita home inspector, serves as the chairman of the state’s fledgling Home Inspector Registration Board. Barnes said he got involved to ensure whatever regulations the state adopted were fair to inspectors and the public.


Barnes registered himself before any other inspectors and claimed the first registration as his own. His professional Web site proudly declares him to be “Kansas’s 1st Registered Inspector.”


And the registration board’s official address is Barnes’ own address.
All this has raised some eyebrows.



“He’s using his clout to help his own business,” Farnsworth said.


But Barnes said he gave himself the first registration because he was testing the system before registering other inspectors.


“This is a whole new agency,” Barnes said. “We had to test out the process.”
Barnes said that because of budget woes, the state can’t afford an office for the board yet, so he had to use his own address.


But the International Association of Certified Home Inspectors was so concerned about Barnes that its lawyers wrote to Gov. Mark Parkinson, asking him to investigate. A spokeswoman for Parkinson said he would take the request under advisement.


Farnsworth also questions why the new rules are even needed. He thinks real estate agents wanted to shield themselves from liability, so they pressured lawmakers to make home inspectors liable for up to $10,000 for mistakes.



Previously, inspectors could limit their liability to the cost of the inspection.


Brunk, the main advocate of the new law, is a real estate broker.


But Brunk said that the law won’t help his business and that nothing in it prohibits homebuyers from suing anyone — inspectors or agents — if they feel cheated.


If anything, he said, the new law’s cap on inspector liability shields inspectors from potentially devastating lawsuits.
To reach David Klepper, call 785-354-1388 or send e-mail to dklepper@kcstar.com.

[James H. Bushart]

The Pittsburgh Sun (Pittsburgh, Kansas) has picked up the story from the Kansas City Star about the bad home inspection law and the abuses by its governing board.

Members of our local associations that have been opposing this unnecessary and unfair legislation are now being bombarded with calls for interviews from Kansas newspapers and television stations who are picking up on the story.

The tide is turning....and just in time. These losers are preparing to present the same legislation for the Missouri House to act on next month.

[James H. Bushart]

And this from Fort Scott, Kansas, newspaper.....

And this from South Carolina......

[James H. Bushart]

Dan Bowers gets in a lick in a Lawrence,Kansas newspaper where even a proponent of the new law expresses his doubts......

[James H. Bushart]

Warning to anyone contacted by Fox 4 in Topeka....Look at how they edited and totally changed the KC Star story. Best advice is to decline interviews since they are apparently controlled by the legislators in their city....

[Gerry Pallotta]

But Barnes said he gave himself the first registration because he was testing the system before registering other inspectors.
“This is a whole new agency,” Barnes said. “We had to test out the process.”


So give yourself a higher number or even a dummy number or ask for a volunteer (other than yourself) to test out the system. No matter how you look at it Jeff, this goes down bad as self serving.

[Patrick Carter]

Originally Posted by jbushart

Warning to anyone contacted by Fox 4 in Topeka....Look at how they edited and totally changed the KC Star story. Best advice is to decline interviews since they are apparently controlled by the legislators in their city....

JB, actually this story was ran last night on Fox Channel 4 in Kansas City last night at 9:00 p.m., the inspector they used was named David Block. I have been looking for the video link on thier web site but I havent found it yet.

[Dan Bowers, CMI]

They keep saying $10,000 BUT we got it changed to $2,000.

However when it was recorded, SUPPOSEDLY the revisor changed the $10,000 to $2,000 in 2 places BUT forgot to change in 2 other places.

SO half the Bill references $2,000 and half the Bill references $10,000

[Gary Farnsworth]

Thanks for that response, Dan. Since the discrepency was not corrected in the bill that was actually signed, it may be null and void. We will see.

[James H. Bushart]

The Wichita Eagle has jumped into the ring....and you should read the three pages (so far) of comments.

Get 'em, boys.

[James H. Bushart]

...and the Fort Mills Times........