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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 8/17/07, 11:07 PM
Barry Adair's Avatar
Barry Adair Barry Adair is offline
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Join Date: Aug 2004
Location: TEXAS
Posts: 3,932
Default What would get you to attend?

I am requesting your help in drafting an ivitation for inspectors and the general public to come meet with the Real Estate Commission to have their voices heard.
Any input would be appreciated and if you prefer not to post on this public forum my e-mail is adairinspex@adairinspection.com

Please let's not get into the pros and cons of in$urance. I'm looking for editorial input, only.
Thanks in advance.
badair

Dear fellow inspectors and concerned citizens,

This may be the last chance to have your voice heard. The TREC commissioners will meet again on October 8, 2007 at 9:00 am. If you believe the mandated
insurance coverage rules will negatively impact, in any way, real estate consumers, your profession, livelihood and family I request you take action and join me, clients, family members, friends and my peers in bringing our concerns before the commission. The commissioners can, if we can be persuasive enough and they choose to, have a final ruling (vote) on this matter before the Attorney General review is completed.

As you probably already know there is already verbiage in our profession’s Occupations Code that disallows negligence, incompetence and dishonesty in our profession.

These acts are against the laws of our state and a recovery fund is already in place for consumers, to cover these events when they do occur in our profession.


TEXAS OCCUPATIONS CODE

CHAPTER 1102. REAL ESTATE INSPECTORS


SUBCHAPTER G. PROHIBITED ACTS



§ 1102.301. NEGLIGENCE OR INCOMPETENCE. An inspector may

not perform a real estate inspection in a negligent or incompetent

manner.



§ 1102.302. AGREEMENT FOR SPECIFIC REPORT;

DISHONESTY. An inspector may not:

(1) accept an assignment for real estate inspection if

the employment or a fee is contingent on the reporting of:

(A) a specific, predetermined condition of the

improvements to real property; or

(B) specific findings other than those that the

inspector knows to be true when the assignment is accepted; or

(2) act in a manner or engage in a practice that:

(A) is dishonest or fraudulent; or

(B) involves deceit or misrepresentation.



§ 1102.305. VIOLATION OF LAW. An inspector may not

violate this chapter or a rule adopted by the commission.



SUBCHAPTER H. REAL ESTATE INSPECTION RECOVERY FUND



§ 1102.351. REAL ESTATE INSPECTION RECOVERY FUND. The

commission shall maintain a real estate inspection recovery fund to

reimburse aggrieved persons who suffer actual damages from an

inspector's act in violation of Subchapter G. The inspector must

have held a license at the time the act was committed.



Errors & Omissions and General Liability insurance do not, cannot and will not cover any of the above acts. Nor do they benefit Texas consumers in any way. There is no insurance coverage available on this planet that will cover an inspector if and when these events occur.
Mandating these coverage’s is like saying it is against the law to rob banks but here is some insurance you can purchase just in case you what to make robbing banks your chosen career path.


In closing I hope to see everyone receiving this in Austin October 8, 2007 at 9:00 am



Street Address:
Texas Real Estate Commission
1101 Camino La Costa
Austin, TX 78752
Map to TREC
Driving Directions to TREC

Phone:
(512) 459-6544 or 1-800-250-TREC (8732)

Hours:
8:00 a.m. - 5:00 p.m. Monday - Friday

Please feel free to pass this on to anyone you know that could be impacted by these new rules and contact me by e-mail or by phone after 6pm any day of the week.



ADAIR INSPECTION
972-487-5634

Commercial-Residential-Construction-EIFS-Infrared Thermography
TREC # 4563
EDI: EIFS-MA TX # 39

2008 US Member of the Year

life is the random lottery of events followed by numerous narrow escapes accept the good
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  #2  
Old 8/23/07, 6:44 PM
Barry Adair's Avatar
Barry Adair Barry Adair is offline
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Join Date: Aug 2004
Location: TEXAS
Posts: 3,932
Default Re: What would get you to attend?

Seeing as how this post is getting so much attention.

I was just notified I got the wrong information about the TREC meeting or they changed the date.

I was wondering about it being on Columbus Day

The previous postings and any email on the Trec Meeting from me had the date wrong, it is actually,
Friday, October 5th at 9:00 a.m.

Sorry for any confusion.

Thanx FW and RC for the update



ADAIR INSPECTION
972-487-5634

Commercial-Residential-Construction-EIFS-Infrared Thermography
TREC # 4563
EDI: EIFS-MA TX # 39

2008 US Member of the Year

life is the random lottery of events followed by numerous narrow escapes accept the good
Reply With Quote
  #3  
Old 8/23/07, 6:56 PM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Join Date: Oct 2004
Location: Phoenix, AZ
Posts: 15,973
Default Re: What would get you to attend?

I'll come Barry if you promise some chicken fried steak.
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  #4  
Old 8/24/07, 5:23 PM
Barry Adair's Avatar
Barry Adair Barry Adair is offline
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Join Date: Aug 2004
Location: TEXAS
Posts: 3,932
Default Re: What would get you to attend?

Quote:
Originally Posted by bkelly2
I'll come Barry if you promise some chicken fried steak.
You got it Bro'
How'd you like that cooked with or without feathers?
and what brew do you drink?

Anyone viewing this information about the TREC meeting in October will have to call TREC and ask them when the DAMN meeting is being held. I've just received more e-mails and phone calls with differing dates. Everyone replying to my original is sure that it's the 5th or 8th.

I just talked to Mary at TREC and she assured me my original information is correct.

The TREC metting is on October 8, 2007 at 9:00am

Street Address:
Texas Real Estate Commission
1101 Camino La Costa
Austin, TX 78752
Map to TREC
Driving Directions to TREC

Phone:
(512) 459-6544 or 1-800-250-TREC (8732)


if it ain't I'd watch where you by your Chicken Fried Steaks (CFS) in TEXAS after this date because they may be serving up some badair



ADAIR INSPECTION
972-487-5634

Commercial-Residential-Construction-EIFS-Infrared Thermography
TREC # 4563
EDI: EIFS-MA TX # 39

2008 US Member of the Year

life is the random lottery of events followed by numerous narrow escapes accept the good
Reply With Quote
  #5  
Old 8/24/07, 7:07 PM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Join Date: Oct 2004
Location: Phoenix, AZ
Posts: 15,973
Default Re: What would get you to attend?

Shiner Bock, Bro.
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  #6  
Old 8/25/07, 2:25 PM
Barry Adair's Avatar
Barry Adair Barry Adair is offline
InterNACHI Member
 
Join Date: Aug 2004
Location: TEXAS
Posts: 3,932
Default Re: What would get you to attend?

Quote:
Originally Posted by bkelly2
Shiner Bock, Bro.
Back in the day when this was a local brew we'd have to wait until Oktoberfest to even get a glimpse of one of these.



ADAIR INSPECTION
972-487-5634

Commercial-Residential-Construction-EIFS-Infrared Thermography
TREC # 4563
EDI: EIFS-MA TX # 39

2008 US Member of the Year

life is the random lottery of events followed by numerous narrow escapes accept the good
Reply With Quote
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