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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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  #1  
Old 1/22/10, 8:42 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Real Estate Salesmen File Bill in Missouri House, Again

It's the same bill that has been presented before....prior to the amendments that are added before the public hearing.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167

Last edited by jbushart; 1/22/10 at 8:47 AM..
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  #2  
Old 1/22/10, 8:53 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Do you have a Bill number yet?
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  #3  
Old 1/22/10, 8:55 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Hb 1714, It's the one ASHI wrote.

It specifies nothing...allowing the Board (which will be lobbied by the MAR and ASHI for appointments) to have total autonomy over all of the rules. Since no rules are specified in the law, the ASHI president who runs the board will get free reign. Jeff Barnes might be moving to Jeff City after he reads this porno.

On the surface, it is designed to attract newbies by qualifiying virtually everyone with 100 inspections for grandfathering.....but, renewal is not necessarily guaranteed to all who have been grandfathered. The AG has already ruled against the references to national associations...but they left it in the bill for looks.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167

Last edited by jbushart; 1/22/10 at 9:25 AM..
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  #4  
Old 1/22/10, 9:29 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

These home inspection bills read so vague. They never have any details. Everything is decided after the bill is passed, or in Kansas' case some is never decided at all.
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  #5  
Old 1/22/10, 9:33 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Quote:
Originally Posted by jbraun View Post
These home inspection bills read so vague. They never have any details. Everything is decided after the bill is passed, or in Kansas' case some is never decided at all.

So...in a sense....the legislature does not even know what rules are being made. Hence, how can they assure themselves or anyone else that the citizen is being served?

They can't, for all that is assured is the special interests who will have "their man" appointed will look out for their interests.

If they want to have a licensing bill...they should write one. All they did, here, was appoint a board.....so that the board, without any guidelines or anyone to answer to at all....can write a licensing law to the liking of three of the five members.

Wanna guess who will make up that board? Do ya think the MAR will be using their infrastructure to get those who helped them get a law get appointed? Isn't that how Jeff Barnes got his position?



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #6  
Old 1/22/10, 9:44 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

It was written in crayon before the first home inspection bill was submitted in the Missouriu House. Sad but true.
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  #7  
Old 1/22/10, 9:54 AM
ejones2 ejones2 is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

When is this expected to go into law?



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  #8  
Old 1/22/10, 9:59 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

The Bill says August. If properly fought it will go nowhere.
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  #9  
Old 1/22/10, 10:04 AM
ejones2 ejones2 is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

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Originally Posted by jbraun View Post
The Bill says August. If properly fought it will go nowhere.
I say lets get ready for battle



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  #10  
Old 1/22/10, 11:43 AM
ldapkus ldapkus is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Quote:
Originally Posted by jbushart View Post
So...in a sense....the legislature does not even know what rules are being made. Hence, how can they assure themselves or anyone else that the citizen is being served?

They can't, for all that is assured is the special interests who will have "their man" appointed will look out for their interests.

If they want to have a licensing bill...they should write one. All they did, here, was appoint a board.....so that the board, without any guidelines or anyone to answer to at all....can write a licensing law to the liking of three of the five members.

Wanna guess who will make up that board? Do ya think the MAR will be using their infrastructure to get those who helped them get a law get appointed? Isn't that how Jeff Barnes got his position?
Quote:
So...in a sense....the legislature does not even know what rules are being made. Hence, how can they assure themselves or anyone else that the citizen is being served?
Sounds like our national health care legislation.
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  #11  
Old 1/22/10, 6:07 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Yep. The former Kansas governor, who is now secretary of the health and human services, signed the Kansas laws into effect just hours before resigning to go to DC. That is why our president wanted her, because she understood how to get the languages into bills that gave away fifth amendment rights, since she did it here in Kansas with the home inspection legislation. Have you heard from her lately? No.
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  #12  
Old 1/22/10, 7:02 PM
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Scott Gilligan, CMI Scott Gilligan,  CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

If you don't think the licensure Bill is fair, take the fight into your own hands and bring it to the attention of everyone who might be effected. Go through line by line and add your comments of what you think is wrong and make suggestions for improvement. Send it out to every inspector in the state with a copy of the Bill and your notes. I set up a Constant Contact account to do this when I went through it here in PA. Ask for everyone's opinion and include all the Senate and House Representatives in your email list. Compile everyones suggestions and email them into the Reps. Ask for a stakeholders meeting to discuss this with the Reps that are supporting the Bill. I am sure they would like some input from everyone since they don't know this business first hand.

Don't depend on someone else to fight your battles. Raise some hell and let everyone know you think it is wrong. I did it here in PA and it worked to get our Bill that was written in crayon on the back of a bar napkin revised.
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  #13  
Old 1/22/10, 7:26 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Quote:
Originally Posted by sgilligan1 View Post
If you don't think the licensure Bill is fair, take the fight into your own hands and bring it to the attention of everyone who might be effected. Go through line by line and add your comments of what you think is wrong and make suggestions for improvement. Send it out to every inspector in the state with a copy of the Bill and your notes. I set up a Constant Contact account to do this when I went through it here in PA. Ask for everyone's opinion and include all the Senate and House Representatives in your email list. Compile everyones suggestions and email them into the Reps. Ask for a stakeholders meeting to discuss this with the Reps that are supporting the Bill. I am sure they would like some input from everyone since they don't know this business first hand.

Don't depend on someone else to fight your battles. Raise some hell and let everyone know you think it is wrong. I did it here in PA and it worked to get our Bill that was written in crayon on the back of a bar napkin revised.

We got it from here, Scott. Thanks for the input.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #14  
Old 1/22/10, 7:33 PM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Scott,
It is different in Missouri. There is actually no demonstrated need for licensing. Consumer complaints are minimal, actually florist according to the AG and BBB has more complaints than home inspectors and florist are not licensed. The Alliance of Missouri Home Inspectors (www.TAMHI.org) is not against licensing but believe that as long as the Missouri Association of Realtors and their cronies at A$HI keep pushing this home inspection licensure, there is no way there will be a fair bill written because of the obvious conflict of interest. The Kansas bill may have looked harmless enough in the beginning but look what happened to it now. The worst home inspection law in the country. It is better we fight this bill now then pay the consequences later. Sad but true.
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  #15  
Old 1/22/10, 9:01 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Real Estate Salesmen File Bill in Missouri House, Again

Look at what they want to put in the Missouri law, folks...

This is a reason to have your license revoked (there are many):

"Negligence or incompetence in developing an inspection, in preparing an inspection, or in communicating an inspection."

Communications can be verbal or nonverbal, can't they.

So...as you "incompetently" communicate...maybe your tone of voice or facial expressions...a serious defect and the client walks away....might his agent file a complaint that you "incompetently communicated" to his client? How many such complaints until you lose your license? Two?



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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