Substitute for Kansas HB 2315

[Gary Farnsworth]

New substitute for the ammended for the formerly presented HB 2315. I think it speaks for itself. We, as an inspection industry, are being attacked by someone or by some special interest group, or groups, who want our industry stopped. I am just totally frustrated, and do not know where to go from here.

http://www.kslegislature.org/bills/2008/2315.pdf

[James H. Bushart]

As I am reading your bill, it would appear that your ASHI counterparts in Kansas who were behind the original bill will be in opposition to this, as well. Have you heard anything from them?

[Gary Farnsworth]

No. I never have been a member of ASHI, or any other home inspection orginization, and just joined NACHI last month. I have been an inspector for 7 years, with over 2,000 inspections, and never an issue. This is all new to me. I sent e-mails this morning to my senator, and the govenor of Kansas. I will not post the e-mail here, but I did send a copy to Nick G.

[James H. Bushart]

Originally Posted by gfarnsworth

No. I never have been a member of ASHI, or any other home inspection orginization, and just joined NACHI last month. I have been an inspector for 7 years, with over 2,000 inspections, and never an issue. This is all new to me. I sent e-mails this morning to my senator, and the govenor of Kansas. I will not post the e-mail here, but I did send a copy to Nick G.

The KAR is lobbying their members to send letters in support of this bill. You may want to send the following to every RE salesman you have an address for. Feel free to use my signature on it if you want to distance yourself, a bit, from the acidity of the message.

I've read, with much amusement how the KAR is actually pushing the bill that is currently under consideration by the Kansas legislature regarding the registration of home inspectors.

Now, let me share something with you to pass on to all your fellow real estate salesmen who think they are going to benefit by this bill.

If your legislators are foolish enough to follow your advice and actually legislate home inspectors in a state with no building code, licensed contractors, and licensed builders....here is what you are in for.

The home inspector who inspects your buyer's home has the final word. No more recommending "experts" in the field, since no other party but him actually holds a state license or registration.

Accordingly, so that he will not endanger it, he will be extra detailed in his inspection and report leaving absolutely nothing to chance or to be uncovered at a later date.

It is best for the inspector to over state than under state the seriousness of a defect, to protect himself from liability and especially since there are no other contractors qualified to refer to.

In other words....your clients will hear the darkest side possible of every defect that could possibly be found. Your efforts in placing $10,000 worth of liability on a $350 fee paid inspection will result in many, many lost real estate sales commissions as you scramble to shed a positive light on reports that highlight each and every defect uncovered during the inspection in immaculate detail and in a manner that ensures that the client is fully informed of the most severe possibilities that could be derived from them.

Our Missouri chapters will be publicly supporting, monitoring and encouraging Kansas home inspectors to protect themselves to the farthest extent possible from any harm that could come to them from the KAR's slick and underhanded way of shifting the responsibility belonging to real estate salesmen onto home inspectors.

This bill, should it become law, will kill more deals than you can ever imagine.

James H. Bushart
President, Missouri Chapter of the National Association of Certified Home Inspectors

Maybe we can turn the tide and actually get a few sellers to object to this bill.

[Dan Bowers, CMI]

If the KAR were Microsoft, the Department of Justice would already be on it.

[Gary Farnsworth]

Bill passed by committe today 39-0. I am screwed with this new bill.

[James H. Bushart]

Time to begin lobbying the governor for a veto.

KAR has bought the Kansas congress. Have they bought the governor, too? That would the the question to ask him.

[Nick Gromicko]

Thank you ASHI bozos.

[Dan Bowers, CMI]

I heard KS governoress or husband may be attorney. Wonder if thats true.

[Dan Bowers, CMI]

Well the ASHI group (dba KAREI - KS Association of RE Inspectors) worked hard with the Realtors and Trial Attorneys to get a Bill, so I guess we ought to congratulate them on getting their wish. No use being sore losers.

[Dan Bowers, CMI]

AND like JB posted, the KAR basically bought a Bill. If someone can tell me how to attach a pdf to this I'll post a few of their shenanigans with the legislators.

[Paul Sabados]

I heard KS governoress or husband may be attorney. Wonder if thats true.

Why of course he is, long time. Probably has barrels of cash on hand already supplied by KAR and the trial attorney's

Paul

[Dan Bowers, CMI]

The Kansas Senate changed it and voted it out of committee on 4/3/08.

They kicked it back to the House of Reps. They didn't go with thew changes. They "Non-Concured" with it on 4/04/08.

This now puts it into a special committee (probably 3 Reps & 3 Senators) that will be probably argued next week to try and iron out the wiggles.

I'm told that one of the reasons that the House nixed the Senate Substitute Bill was that someone on the House of Rep Committee wanted a REALTOR either on the Board or in a Oversight position - AND, the Senate had put the revised Bill under the Secretary of State (no Realtor to Supervise Us).

Seems somebody on the House Committe was a Realtor, but I can't remember who. I guess no REALTOR to oversee us did not set well with the Realtors at KAR - darn!!!

[James H. Bushart]

Originally Posted by dbowers

The Kansas Senate changed it and voted it out of committee on 4/3/08.

They kicked it back to the House of Reps. They didn't go with thew changes. They "Non-Concured" with it on 4/04/08.

This now puts it into a special committee (probably 3 Reps & 3 Senators) that will be probably argued next week to try and iron out the wiggles.

I'm told that one of the reasons that the House nixed the Senate Substitute Bill was that someone on the House of Rep Committee wanted a REALTOR either on the Board or in a Oversight position - AND, the Senate had put the revised Bill under the Secretary of State (no Realtor to Supervise Us).

Seems somebody on the House Committe was a Realtor, but I can't remember who. I guess no REALTOR to oversee us did not set well with the Realtors at KAR - darn!!!

The revised bill also has omitted the "board" in which your ASHI presidents who helped write and support the bill were promised seats by the KAR.

With both of these groups opposing it in the House....dare we say it....it could die there.

Kansas real estate salesmen are looking for a bill like Texas, that will put real estate salespeople directly over home inspectors. They didn't get it and if this passes, they will never get it.

If they oppose it for no other reason than their inability to control....the conflict of interest angle will be there to present every year with every new attempt. They are about to show, for the record, what we have been saying all along.

[Dan Bowers, CMI]

I have several scanned pdf's of letters the Kansas Realtors Lobbyist sent to the legislators talking about how they were looking for legislators to support and their legislative goals, etc. If someone can tell me how to put them on the site I'll try.