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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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  #166  
Old 7/24/07, 4:05 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: You are not going to believe this....

John & James -

Its not unethical for other professions to do this, I see no reason for it to be unethical for our guys to - IF ALL PARTIES AGREE AND DON"T HAVE A PROBLEM WITH IT. If the parties agree and it don't bother them, who are you to say otherwise?

AND lets not pretent a great amount of our HI's already do this.
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  #167  
Old 7/24/07, 5:37 PM
Roy D. Cooke, Sr's Avatar
Roy D. Cooke, Sr Roy D. Cooke, Sr is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by lcapaul
I know Canada is a different country Roy, and a few of the words are sometimes spelled a little differently, but you should take a few deep breaths and get a little control of yourself, this post is piss poor even for you, trying to read it is like trying to understand someone that is so angry they can hardly speak, sputtering, stammering, all red in the face.

The real issue with you though Roy is CMI isn't it, a designation with no credibility and one that is meant to deceive clients into believing you are something you are not, a MASTER of your Profession, even becoming a "Certified Home Inspector" required taking some kind of so called test, but to be a "Master" no test at all is required, in fact no proof or demonstration of proficiency or competency is required, pointing that out pisses you off Roy, but like I said, take a few deep breaths, I wouldn't want you to suffer a stroke like Mr. Lott
It is too bad you are so bitter and need to make fun of others .
I do the best I can and so sorry if it does not meet your exptactions .
But fortunately for me very very many are pleased with our inspections ,
I am able to get more work then we want and charge more then any one else in our area.
It might be to your advantage to try and improve the way you see things .
My glass is never 1/2 empty it is always 1/2 full.
None of us are perfect , but you seem to feel you are and continue to try and show others how you are so smart and we are so wrong.
It is you who is on the outside looking in and we, who are on the inside are happy.
Some day with luck you might get over your constant hate and come back to NACHI and get to enjoy life again............
If you really want to see the real issue then please have a good look in the mirror.................



If I can answer any questions please send me email Roycooke@hotmail.com

On an inspection and need immediate help call my cell 613-827-2011
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  #168  
Old 7/24/07, 6:01 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: You are not going to believe this....

Dan,
Just because other people in other professions do this does not make it right.
Whoever in our business does this better have it in writing from all parties. I tell my clients I will do no work on a property for at least one year from the time of inspection. Not just because it is a NACHI ethic but I learned my years ago from experience. You know some people will lie or stretch the truth just for they can look better. I have alot of respect for you but lets just agree to diagree about this issue.
I got some ideas on the legislative front that I will be talking to you nand Mr. Bushart about in the future. Until then keep up the good fight against the leaders of ASHI and MAR.
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  #169  
Old 7/24/07, 7:19 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: You are not going to believe this....

Thanks James for your efforts in Mid-Mo
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  #170  
Old 7/24/07, 9:15 PM
David Nice's Avatar
David Nice David Nice is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by dbowers
John & James -

Its not unethical for other professions to do this, I see no reason for it to be unethical for our guys to - IF ALL PARTIES AGREE AND DON"T HAVE A PROBLEM WITH IT. If the parties agree and it don't bother them, who are you to say otherwise?

AND lets not pretent a great amount of our HI's already do this.
In our state the only exception to the 24 month rule is if the seller signs a waiver, PRIOR to the inspection, disclosing that the inspector is qualified to, and may be asked to, perform repairs.



David Nice
National Certified Inspection Services, Inc.
Wauwatosa, WI

http://www.nationalcertified.com
414-979-6900
President WiNACHI
http://www.winachi.com
Wisconsin InterNACHI Chapter


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  #171  
Old 7/24/07, 9:20 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: You are not going to believe this....

I might be open to that. Can I see a copy of the waiver.
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  #172  
Old 7/24/07, 9:43 PM
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lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
It is you who is on the outside looking in and we, who are on the inside are happy.
Some day with luck you might get over your constant hate and come back to NACHI and get to enjoy life again............
you-not-going-believe-wolf-and-sheep2.jpg

Sheep are happy Roy, as long as they are following the Bell around their leaders neck, it makes them feel safe.

I'm right where I want to be Roy, still in business, and still fishing and sailing almost as often as I like. Retirement is great Roy, work when you want and not because you need to. The picture has been my avatar for quite some time Roy, it's a picture of me playing with the NACHI Sheep.
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  #173  
Old 7/24/07, 10:13 PM
David Nice's Avatar
David Nice David Nice is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by jbraun
I might be open to that. Can I see a copy of the waiver.
There is not standard waiver. You don't need any specific one by law but it's the only way you can prove that the seller gave consent. Any lawyer or paralegal could draw one up that would suffice.



David Nice
National Certified Inspection Services, Inc.
Wauwatosa, WI

http://www.nationalcertified.com
414-979-6900
President WiNACHI
http://www.winachi.com
Wisconsin InterNACHI Chapter


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  #174  
Old 7/26/07, 8:14 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: You are not going to believe this....

You can read the full transcript of Mallory Anderson's deposition, here.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #175  
Old 7/27/07, 12:24 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: You are not going to believe this....

About 28 years ago ASHI decided it was unethical for HI's to offer to repair or work on anything we inspected. So inspectors set up different companies that were owned by their wife, their son, the brother-in-law, etc. Been done for a long time. Now everything was above board because we had a separate legal entity.

The home inspectors started doing termite inspections, radon inspections, asbestos inspections, lead inspections, mold inspections, etc. Now if a home inspector came out to your house and did a home inspection - also did a termite inspection and saw termites - is the HI violating most associations COE if the home owner calls the home inspectors pest control company (the HI owns one of those too) and has them treated by them.

In case you don't know the answer, its no. Why, because the HI's sop does not include pest inspections. This is even done in states with licensed HI's where state laws say we don't repair what we inspect.

So my question to youse all, is why is the HI the only guy or profession where hes an unethical SOB if he/she repairs something they're qualified to do AND the homeowner wants him/her to do so. Its their property not yours.

Under our great and intelligent (?) COE a home inspector could inspect a home with no deck present. Three months later the homeowner calls the HI who also happens to build custom beautiful decks and says - will you build us a custom deck on our home because we see you're the only deck builder in our little town OR the other 2 guys that do this are crap. The ethical home inspector says - No, I can't because our COE says .................

IMHO this is ancient history, and stupid history at that.
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  #176  
Old 7/27/07, 1:25 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by dbowers
About 28 years ago ASHI decided it was unethical for HI's to offer to repair or work on anything we inspected. So inspectors set up different companies that were owned by their wife, their son, the brother-in-law, etc. Been done for a long time. Now everything was above board because we had a separate legal entity.

The home inspectors started doing termite inspections, radon inspections, asbestos inspections, lead inspections, mold inspections, etc. Now if a home inspector came out to your house and did a home inspection - also did a termite inspection and saw termites - is the HI violating most associations COE if the home owner calls the home inspectors pest control company (the HI owns one of those too) and has them treated by them.

In case you don't know the answer, its no. Why, because the HI's sop does not include pest inspections. This is even done in states with licensed HI's where state laws say we don't repair what we inspect.

So my question to youse all, is why is the HI the only guy or profession where hes an unethical SOB if he/she repairs something they're qualified to do AND the homeowner wants him/her to do so. Its their property not yours.

Under our great and intelligent (?) COE a home inspector could inspect a home with no deck present. Three months later the homeowner calls the HI who also happens to build custom beautiful decks and says - will you build us a custom deck on our home because we see you're the only deck builder in our little town OR the other 2 guys that do this are crap. The ethical home inspector says - No, I can't because our COE says .................

IMHO this is ancient history, and stupid history at that.

In my opinion, Bill Clinton's biggest mistake was allowing himself (a 55 year old husband, father and president) to be alone in an office with a 20-something year old female intern. Period. From there...one will never know the fact from the fiction regarding blue dresses and cigars....but the mistake was made when he opened himself up by stepping into an area he did not belong.

Same goes for home inspectors who want to fix the houses they write up.

No matter what you do or how honest you may be....the door is open for an accusation that you will not be able to prove yourself innocent of (Sure, the prosecution has to prove you guilty. You don't have to prove your innocence, right? Tell that to OJ.).

Did you write that up because it was a legitimate concern or so that you could make a few extra bucks? Did you recommend new chimney flashing just because you happened to have some in the truck left over from the last job? C'mon...you can tell me. It will be our secret.

A prudent inspector will comply with the COE and stay out of the locked offices with Monica Lewinsky. Sometimes it is just as smart to avoid the appearance of wrongdoing as it is to avoid the wrongdoing, itself.

You cannot "unblemish" your reputation with a technicality.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #177  
Old 7/27/07, 3:55 PM
Joseph Burkeson, CMI's Avatar
Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: You are not going to believe this....

The practice of working on a home that you have inspected has been so denigrated by our profession that no amount of make-up will ever again be able to dress up that pig and we should forever stop trying to do so.



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


Certified Master Inspector (2007)
Member, International Assoc of Certified Home Inspectors (InterNACHI)
Member, International Code Council (ICC) - Certified Residential Combination Inspector

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  #178  
Old 7/27/07, 4:46 PM
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bkelly1 bkelly1 is offline
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Default Re: You are not going to believe this....

How do we ignore the fact that termite companies do it everyday. At least here. They come and say you have termites, it needs treated,,,wallaaa...

Or a house they have under contract they give a clearance letter on... Maybe it is just my area.
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  #179  
Old 7/27/07, 5:16 PM
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lcapaul lcapaul is offline
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Default Re: You are not going to believe this....

Quote:
Originally Posted by bkelly1
How do we ignore the fact that termite companies do it everyday. At least here. They come and say you have termites, it needs treated,,,wallaaa...

Or a house they have under contract they give a clearance letter on... Maybe it is just my area.
You take your car to a mechanic at a local shop or dealership, he tells you that it needs a new alternator and other miscelaneous parts, their "book" says that the labor will be 8 hours, the mechanic replaces all the parts in 3, your bill still shows 8 hours labor plus parts, the mechanic and the shop owner or dealership split the extra 5 hours of labor you've been charged, of course they nver inform you that it only took 3 hours.......this is an accepted practice at many dealerships and shops, dishonesty and the quick buck are everywhere.

If you ask for a Termite or WDO inspection it is most likely because you believe that a problem may exist, to me there is a difference between calling for a WDO/WDI Inspection because you think you have a problem and taking up one of the "Free Inspection Offers" from a Pest Company that then finds problems that they want to fix, in the first instance I wouldn't be as concerned about getting ripped off, the Freebie I'd would.

Scams are everwhere, one of them being Home Inspectors who want to perform repairs on Homes they inspect, Home Inspectors everywhere should fight to stop that practice, just like mechanics and Pest Treatment guys should fight to stop scams in their own industry.

I even agree with Bushart on this one, I don't refer anyone to do repairs on Homes I inspect and why I stay out of the remediation business completely, I want no connection between my inspection and the required repairs or further evaluations.

At least in the automotive repair business, govenment and media often investigate, report, and punish the scam artists, in Washington the WSDA will investigate and punish Pest Inspectors, no one in either State where I do business investigates Home Inspectors.
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  #180  
Old 7/28/07, 2:14 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: You are not going to believe this....

I have no desire to do repairs on a house I inspect. Once I inspect it I want out of the liability loop - not back in it.

Now that I've said that, I'll tell you that about every 3-4 years I will hear another batch of new home inspectors try to chew this bone into the ground. But, in the past 10 years or so I have not heard any half-way intelligent argument as to why HI's seem to be the only guy or profession where he's an unethical SOB if he/she repairs something they're qualified to do AND the homeowner wants him/her to do so. In case anybody missed it the first time I said it - Its the homeowners property not ours.

I've heard that even some licensed states (North Carolina maybe) left that out of their COE for that very reason.
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