For those in favor of licensing

[Scott Keiper]

In Florida the way our government has handled every thing from voting to regulating our insurance tells me all I need to know about having them control the industry I'm in.

[David A. Andersen]

JB, how far is left field?

Real estate agents, just like some home inspectors (like yourself) think that licensing is the miracle of all ages!

They get onboard thinking that they're going to limit competition or inspectors from screwing up the real estate transaction because the houses is a piece of *****!

The law doesn't increase competition, decrease competition, raised the bar, lower the bar. It's like a drivers license, everybody has to go and take it. It doesn't mean you can drive worth a ****! It just means you went and took a test. The rest remains to be seen!

[James H. Bushart]

Originally Posted by dandersen

The law doesn't increase competition, decrease competition, raised the bar, lower the bar. It's like a drivers license, everybody has to go and take it. It doesn't mean you can drive worth a ****! It just means you went and took a test. The rest remains to be seen!

Then you agree....licensing solves nothing.

[David A. Andersen]

No, that's just like you to look at one thing and take a stand as you want it to be. Take a look at my other posts also!

One of the major problems with the judicial system and laws is that the legislature interprets the law the way they want them to read rather than what they were intended for. So, as you see you're not alone out there.

[Joseph T. Burkeson, CMI]

Originally Posted by dandersen

One of the major problems with the judicial system and laws is that the legislature interprets the law the way they want them to read rather than what they were intended for. So, as you see you're not alone out there.

That problem is endemic to the entire system whether you are looking at the overall body of information or a single incident. Once the decision to move forward with licensing there is no longer any real way to predict the outcome. Most all licensing language is altered and screwed with throughout the committee process then no one really knows what the final interpretation by lawmakers will be. Best advice is not to attempt licensing in the first place very few are satisfied with the results.

[Doug Edwards, CMI]

Well said, and often the initial "reasons" put out by those pushing for license is the first victim in the writing process. As is often the case, the law is said to be "protection for the consumers" whereas in the majority of cases the consumer isn't protected anymore than they were before the bill became law and they have to go through and use exactly the same procedures to get redress as they would before. The only difference now is the State has created another level of incompetent bureaucracy to impede the process further. In Florida the law says any new laws, especially regarding licensing, all affected parties have to be "equally protected", otherwise the law is not legal under our Constitution and can and should be challenged. The downside of that is everyone knows it costs big money to take that course and most affected parties (especially Home Inspectors) are too self focused and tend to look for someone else to take on the burden and expense of doing that, so they roll over and another poor bill becomes law and the legislature moves on to the next "feel good" piece of legislation. Our form of government was designed to make enacting new laws very difficult but we have found ways to circumvent this and it is now fairly easy for special interest groups to force new laws onto the uninformed, uninterested and unaware public.

[James H. Bushart]

Originally Posted by dedwards

As is often the case, the law is said to be "protection for the consumers"

The house bill that was publicly reviewed yesterday before the infamous HB 978 which would put home inspectors under the control of the Missouri Association of Realtors, is HB 324.

HB 324 is written by a lawyer who is also a real estate salesman. This is what the bill, if it becomes law, would allow a salesman to do. The salesman who is aware of a convicted rapist living at 100 Elm Street could show a house to Mrs. Brown, the single mother of three high school aged daughters, a house at 102 Elm Street...and conceal from her his knowledge of the convicted rapist. The law would make him immune from any suit she may later file as long as, at closing, he gave her a document that suggests to her to check the national registry.

How does that law protect the consumer?

It is also being pushed by the Missouri Association of Realtors...right along with their bill to establish a real estate salesmen controlled commission to govern home inspectors.

[Dan Bowers, CMI]

Jeffrey -

I think what people may be referring to are things like the Ohio RE Commission Study; or the recent article in the ASHI Reporter or elsewhere like ASHI's last business study that if I remember correctly made mention of those issues. Per them - Licensing increased the numbers of HI's, decreased the amount of HI's each inspector did; and they ended up making less.

Those are generalities - not the 10 commandments.

Another comment to ALL. Many times I see posts on this site where newer inspectors are asking for the precise facts, the hard statistics, the studies that provide documentation, etc. Those sort of comments sometimes work if you're in a field like computer programming, research, medical, etc. BUT in our profession, there is not a huge amount of that type of stuff.

For example you live in Illinois - what exact % of homes in Chicago are inspected per the amount of sales. Is that the same % of inspections done per the amount of sales if you live in rural Centralia??? Probably not, but are there any statistical surveys done on that????

Are there statistical studies in KC that prove that the pickier the inspector, as a rule the less Agents that use them? No there is no study I've seen.

Does it seem to work that way in most areas? Don't insult our intelligence by thinking otherwise. Look around you - how many inspection company's around each of your areas with the reputation of "Mr. Picky" are the ones with 4, 5 or 8 men inspection crews?

Everybody (inspectors, agents, buyers, sellers, etc) is looking for black and whites and a great amount of home inspection is shades of grey.

[Ted Allen]

JB:

It looks like your theroy does not fly with the NACHI folks..

[John F. Bell]

Texas has been licensing inspectors since about 1985. Of course you have to pass a test. You also have to pay a licensing fee. Cheep! Included in the licensing fee you pay into a recovery fund. This is in case there is a claim filed against you. Of course before anybody collects from the recovery fund they must sue you and win. The State also protects you from the unreasonable crazies. They also set out standards and practices, everyone is on the same page. Good! They also deal quickly with the screwups. No license, no inspect. Period. You also have to go to continuing education every year. I think it is 18 hours. Good! Never quit learning. By the way you do not have to carry the lawyer bait. (E&O insurance) In other words You have state lended credence, you do not have to carry insurance, the state protects you from the crazies, the state makes you stay abrest, and if you screw up the state takes it away from you. All very official like. I have done 3,600 inspections and have had one crazies complaint, which the state lawyer wrote a very convincing letter defending me. I cannot complain. Oh, by the way the inspectors committee advises the state on what rules to make and the state does listen.

[Patrick Carter]

John,

And just who is on the Inspector's Committee?

[James H. Bushart]

Originally Posted by pcarter

John,

And just who is on the Inspector's Committee?

Real estate salesmen?

[Patrick Carter]

No answer from Mr. Bell of Texas, so I guess he doesnt know, any other Texan out there know or is it something we out-of-staters should'nt know?

[jwortham1]

For example you live in Illinois - what exact % of homes in Chicago are inspected per the amount of sales. Is that the same % of inspections done per the amount of sales if you live in rural Centralia??? Probably not, but are there any statistical surveys done on that????

Probably not.

But if statements are made stating "licensing increases the number of inspectors and decreases the fees!!", produce the data.

Anecdotal evidence proves nothing.

Now if someone wants to say "In my opinon, licensing causes cancer, rectal bleeding and incontinence", I might think you a fool, but hey, that's your opinion.

Touting it as fact without documentation, renders those "facts" , meaningless.

[James H. Bushart]

Originally Posted by jwortham1

But if statements are made stating "licensing increases the number of inspectors and decreases the fees!!", produce the data.

Here is a tidbit.

Since licensing started in New York on Jan 1, 2007, Bill Merrell - all by himself - has graduated 274 brand new licensed people - in the last three months alone.

This is only one of the many schools that started up in New York when licensing passed. The others may be doing the same even "better".

As for fees, no doubt every graduate is hitting the street and competing with only the top fee being offered, right? I'm sure that their training will teach them that it is better not to inspect for less than $500 than to eat.

Seriously, though....if Merrell's was the only school operating....there would be an additional 1,000+ brand new home inspectors in New York before the end of the year. How will that affect fees, in your opinion?