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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #16  
Old 1/13/08, 11:10 AM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by badair
Proof we're supposed to do the realtor's job also. When do our fees go up?

"A deficient system does not automatically obligate the seller to make repairs or take other action, nor is the purchaser required to request that the seller take any action."

SoP Chairman lobbied for reduced training hours. He said there was a shortage of inspectors. Now he seems to be taking away the consumers negotiating edge in the standard form from an Official TREC perspective. Sometimes I think "He also hates inspectors" but its just a complex document to write..





Last edited by jcahill; 1/14/08 at 2:59 PM..
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  #17  
Old 1/13/08, 11:17 AM
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Michael R. Boyett Michael R. Boyett is online now
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Default Re: Proposed Texas Standards

Quote:
He also hates inspectors.
But he does like to get his toes tickled by TREC attorneys in mini-skirts. Jeez...I can't believe I said that.
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  #18  
Old 1/13/08, 11:18 AM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Mike, perhaps you are correct. I cannot find my email from TREC. If such is the case the way to go in this business is commerical. Your own SoP, form and contract.

Be gentle . .ha. Actually we will create a mutual defense group. We all stand back to back and fight off the droves of realtors telling the consumer "they have insurnace that pays for what they miss, just buy by price of inspection".
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  #19  
Old 1/13/08, 11:19 AM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by mboyett
But he does like to get his toes tickled by TREC attorneys in mini-skirts. Jeez...I can't believe I said that.
ROFL

For those who do not know TREC has a lot of pretty staff members; a commitee member has a foot in a cast. The threat was to tie him up and tickle his helpless swollen foot until he wrote the SoP the way we wanted.

tmrp

Last edited by jcahill; 1/14/08 at 9:32 AM..
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  #20  
Old 1/13/08, 11:59 AM
Nolan Kienitz Nolan Kienitz is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by jcahill
... Be gentle . .ha. Actually we will create a mutual defense group. We all stand back to back and fight off the droves of realtors telling the consumer "they have insurnace that pays for what they miss, just buy by price of inspection".
To quote a familiar line to all Texans: "Remember the Alamo!"
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  #21  
Old 1/13/08, 12:18 PM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by Nolan Kienitz
To quote a familiar line to all Texans: "Remember the Alamo!"
I hear you loud and clear. They all got killed.
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  #22  
Old 1/14/08, 10:23 AM
Nolan Kienitz Nolan Kienitz is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by jcahill
... "Report foundations in need of remedial work or further evaluation if applicable." ... .
John,

I've "heard" (and am searching for more data) that only licensed PEs can provide comments (or official engineering statements?) relative foundations in Texas.

Seems the SOP (maybe current & proposed) puts the HI in direct conflict with other existing laws/statutes in the state.

RE: the PE & official statements ... I've never seen a good solid answer on that, but keep searching. It may not be there either and that is why I've not found it.

Cheers,

Nolan K.
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  #23  
Old 1/14/08, 3:26 PM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Quote:
Originally Posted by Nolan Kienitz
I've "heard" (and am searching for more data) that only licensed PEs can provide comments (or official engineering statements?) relative foundations in Texas.
It is my understanding only a PE can prescribe or design a structural repair. Some argue inspectors can recommend repair. The problem with the SoP is there is no performance standard that suggests how to determine when a repair is needed. It is also difficult to do on the basis of one visit to the home. Its a wide open opinion and it might be wrong. Its a case of "your expert" versus "the plaintiffs expert" in an insurance claim. I do not think we should go there.

I have heard engineers who do home inspections bashed but in my opinion they deserve more respect. The went to college, passed a difficult test and put in hours to get the PE designation. Its a bit more training than the 300 some hours an inspector requires. I am all for letting engineers make the structural calls.
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  #24  
Old 1/23/08, 7:47 PM
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Michael R. Boyett Michael R. Boyett is online now
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Default Re: Proposed Texas Standards

John has setup up a message board accessible from his website at www.prismrca.com or directly at http://www.prismrca.com/forum . He's done a great job of setting up individual topics for each section of the proposed SOP for folks to post comments. Here's a great opportunity for TX HI's to voice their opinions of the proposed SOP. Better do it quickly though, it will probably go to full committee in the next few weeks. I know that if John gets good, quality feedback then he will use that to lobby the Inspector's Committee for revisions.
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  #25  
Old 1/23/08, 10:40 PM
John Cahill John Cahill is offline
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Default Re: Proposed Texas Standards

Thanks Michael. Just print out a copy of the SoP and then comment in applicable sections. I did have all the text posted but the subcommittee is changing wording outside of meetings. Makes it hard to manage the forum that way. This way if they make a change I just have to repost the SoP itself.

They are having a subcommittee teleconference meeting at end of Feb and hope to have full committee in early March. I think they are planning on 3 days of review. I have found that to be very difficult.

Then, if they get through (and they will) they can send it to the Commissioners for an official public posting.

A long process. Do you realize the SoP review started in October 2004? More than 3 years ago!
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  #26  
Old 1/24/08, 3:10 AM
Nolan Kienitz Nolan Kienitz is offline
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Default Re: Proposed Texas Standards

John,

Sincere kudos to you and all that you are doing and have done on behalf of all Texas HIs for many years.

I've already submitted many of my observations, but have been collecting more and will post on your forum.


Cheers,

Nolan K.
Plano
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