North Dakota Law

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North Dakota Law

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Dean Foell

Tri-State Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 44
User: dfoell
Posted: Jul 16, 2005 12:29 AM       Post Subject:
Always is. I have more repeat business then anyone up here. Must be doing something right. Inspect and offer help after the inspection. Not inspect and walk. Like most do. OK happy hour was a taxi home so good night. We can have more fun later tomorrow. Even sober I'm 10 foot tall and bullet proof!!!
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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Jul 16, 2005 12:36 AM       Post Subject:
icon_rolleyes.gif

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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jburkeson
NACHI Member: No
(as of 3/25/07)
Very Active Poster
Posts: 1056
Posted: Jul 16, 2005 6:11 AM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
dfoell wrote:
James Bushart who ever you are, dam I can't believe NACHI and any one else would let a dumb a$% like you in.


Believe it! NACHI's new ambassador of goodness & light, hand picked and destined for stardom.

--
Joseph Burkeson, RPI (Hooperette)

?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Jul 16, 2005 7:22 AM       Post Subject:
Joe Burkeson is a Chapter President (who has never had the time to schedule a chapter meeting) and a member of the Members Advisory Committee (who never has the time to attend MAB meetings or vote on issues) who devotes what little time he does have to his obsession with me. icon_rolleyes.gif

I think I'm going to be sick.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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jburkeson
NACHI Member: No
(as of 3/25/07)
Very Active Poster
Posts: 1056
Posted: Jul 16, 2005 7:52 AM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
Yes James,

Unlike you I believe in a Hippocratic approach to leadership... First do no harm ("Primum non nocere"), in the meantime I will continue to help slow your progress in destroying NACHI whenever possible.

--
Joseph Burkeson, RPI (Hooperette)

?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Jul 16, 2005 8:20 AM       Post Subject:
Curses.....foiled, again. icon_lol.gif icon_lol.gif

And through this "do nothing" leadership style that you have invented, in which you proclaim yourself to be a president of an inactive chapter with no members and a MAB member who lets others do his work while he carries a title, what do you hope to accomplish?

Jeff Hooper has made another bonehead decision in recruiting you to advance his cause among the NACHI membership. It might win you friends in FABI but, around here, you just look like a fool.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Jul 16, 2005 9:15 AM       Post Subject:
March 12, 2005 - President of FABI wrote:
Nachi will allow anyone to be a member and will not do anything. Nachi and tricky Nick will do anything. They are a discrace to the professional inspection world. If you are a member, then you too are part of the problem as you enable this lieing association to exist. Wake up and smell the coffee. Get real.

I was a member of that piece of @#$% org once. Too bad for me.

Jeff G. Hooper



March 12, 2005 - President of FABI wrote:

It took me 5 years for one of my professional licenses and 4 for the other. An additional 5 years for all of my ICC and SBCCI certifications. I am so glad when I see someone leave that crap org. I cannot tell you. My 27 years against their 3. s#!t.

I have had enough of Nachi and I will do everything in my power to see to it they are not a part of Florida. Believe it or not, I am winning down here. I have convinces out state that they are the reason we need regulation.

Jeff




This is the Hooper agenda. What does Joe Burkeson think about this?

Joe Burkeson - June 28, 2005 wrote:

As far as Jeff Hooper is concerned everyone here has it wrong, Jeff is a fine man and an outstanding leader, anyone who really knows him would, knows that he has devoted himself to the betterment of our profession.


Florida, Burkeson wants to lead you into the Home Inspector Alliance that his association, FABI, formed to push through legislation in Florida to accomplish the Hooper agenda. He blames me for its failure.

Beware of the accumulator of titles who embraces a "do nothing" style of leadership.

In a matter of weeks, NACHI will have over 1000 members in Florida. Associations like FABI are about to become irrelevent. Put together your own alliances and lead the home inspectors in Florida, do not follow.

Eliminate those who want to eliminate you.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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jburkeson
NACHI Member: No
(as of 3/25/07)
Very Active Poster
Posts: 1056
Posted: Jul 16, 2005 4:18 PM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
James,

As a home inspector one of two things will happen; You will either fail miserably and be gone in less than a year, or you will become a successful professional home inspector. Since you are still a newbie having no previous related experience, training and no perceivable financial stability, the odds are against you making it. History shows that you are quite comfortable with failing, what with all of the failed business enterprises you have lost at could it be that your purpose in life is just to serve as a warning to others? Time will tell.

But what if after 50 some odd years and umpteen failed business attempts you miraculously find yourself and blossom as a home inspector. Well, success breeds success, and you like every other successful individual will want to be the best. Being the best will require paying attention to detail and honing your skill through ongoing training and continuing education. Follow me now for this path will place you in very close proximity to other educated, trained, experienced home inspectors, who have paid the price for success and a camaraderie will develop, but that is truly not the point of this story.

What I am really trying to tell you is when and if ever you make it, your NACHISMO RAH! - RAH! will change to a rah? - rah?, on the day you spy the pimple-faced kid who last week made you a slurpee down at the 7-11, is this week sporting a brand new NACHI logo on the back window of his van claiming to be a Certified Home Inspector. Bottom line, my prediction is that you will either fail, or change your attitude about this profession and what really matters. The sad thing is regardless of the outcome, there will always be someone waiting in the wings to pick up where you left off.

Now as far as this Hooper thing goes, the tape shows that you publicly defamed his character while representing NACHI prior to him making these statements, it is quite obvious that a normal person can only take so much of you. Furthermore, it was told to me that he looked into personally suing you but when your financial report came back it was discovered that you had no assets worth going after. I believe the comment was... BugFart - big hat, no cattle. But don't quote me.

--
Joseph Burkeson, RPI (Hooperette)

?Anyone who has proclaimed violence his method inexorably must choose lying as his principle.?
~ Aleksandr Solzhenitsyn

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Jul 16, 2005 4:36 PM       Post Subject:
icon_lol.gif icon_lol.gif

There are people who I respect who have opinions that I value. You and your friend Hooper are not among them. Stick to the nonachi blog and your crew over there if you are looking for someone to feed your need for approval.

As for your attempt to embarass me with false statements made from yours and Hooper's alleged attempt at finding my financial data, it would be a whole lot more effective if you had some facts. It does show that you and Hooper will stop at nothing to discredit people that you do not agree with. I sent a copy of your threatening email to the COE committee to review as a violation. Not only are you a loser, Joe, but you are a sore one, at that.

My NACHISMO will remain in spite of your negative view about our members. Go hang out with Hooper and quit pretending to be anything but what you are - just another struggling Florida home inspector trying to thin out your competition by pretending to care about consumers.

By the way, you never gave up your membership at ASHI - you were never a member. Only a candidate. You leave little doubt that once you get 250 under your belt, you will re-join them.

I hope you decide to do the honorable thing and resign from your position on the MAB. Your credibility is shot. Thank you for showing others what a few of us have already known for a long time. At least you don't have to pretend, anymore. icon_wink.gif

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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Dean Foell

Tri-State Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 44
User: dfoell
Posted: Jul 17, 2005 8:26 PM       Post Subject:
We looked at doing a bond. Another bad idea. You get your bond pulled and you are out of business. As a home inspector doing 400+ per year the chance of getting my bond pulled is greater then someone doing 100. I pushed for E&O. If they can't handle the start up cost of a business then they need to keep doing what they are until they can afford it. Just part of doing business. I would not want a part time inspector looking at a place for me. I also wouldn't want someone who is not insured. Training is just as important. I wouldn't want someone who took a course on line or never went to school for inspecting. So if it knocks out some competition then so be it. They can get insurance and go to school. Anyone else in this type of field requires it and more.
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Stephen Smith

Homefront Property Inspections, LLC
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 23
User: ssmith6
Posted: Aug 22, 2005 12:54 AM       Post Subject:
Dean, congrats on the bill. I am also in agreement that there should be an area where we can all be held accountable. Hey, why not legislation. Its a great idea. Not to run out competition but to have only qualified people in their profession doing a professional job. Hell your hairdresser has to be licensed and undergo a couple of thousend hours of training. For all those people that are so strongly against legislation, dont you think that when someone is relying on you and trusting your judgement before they drop a load of money, you better know your job. Right now as it stands, anyone in Montana or any other state without legislation, can wake up tomorrow and call themselves a professional home inspector . I dont know about some of you but I am proud of what I do. I have invested alot of time in training and continuing education, not to mention the hard work in the many years of construction. And quiet frankly, the more competition the better. It just keeps everyone honest. AND, there is not a place in any profession for someone who is not qualified and or competent. Great job Dean. I would love to hear how you went about getting the bill passed. We are looking at the same thing in Montana.

--
Steve Smith
FHA/HUD approved fee inspector
Homefront Property Inspections, LLC
Eastern Montana NACHI Chapter President
www.homefrontpi.com

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Aug 22, 2005 5:04 PM       Post Subject:
Quote:
Home inspectors adapting to law

By TOM RAFFERTY/Bismarck Tribune

3:41 p.m. 8/22/05 - Nearly two months after the state began regulating the home inspection industry, 19 inspectors have met the requirements, which can cost $3,000 or more annually, but may provide some peace of mind to prospective home buyers.

Some inspectors have welcomed the new regulations, which became effective July 1, because they say it takes some of the less-reputable inspectors out of the business.

"I think that helps weed out people who are doing it halfway," Terisina Hintz, an inspector with Home Team Inspection in Bismarck, said.

The law requires anyone doing home inspections to register with the secretary of state, carry errors and omissions insurance of at least $100,000 and proof that the inspector has passed an exam by one of five national organizations.

Hintz said the only requirement Home Team Inspection had to comply with on July 1 was registering with the secretary of state, which costs $200.

Hintz said the company carried three different types of insurance and that the company's inspectors were certified with the National Association of Certified Inspectors before the new law went into effect.

Home Team Inspection is a national chain that has been doing business in the Bismarck-Mandan area for two years

Glen Naumann, a home inspector in Mandan, said he had already fulfilled most of the requirements of the new law before it was enacted.

"Basically all I had to do is forward everything up to the secretary of state's office," Naumann said.

Naumann said he is comfortable with the new regulations because in the 13 years he has done inspections, he has seen a lot of inspectors in the business that didn't last long.

"I've seen so many come and go that I don't keep track anymore," Naumann said.

Naumann said errors and omissions insurance costs about $3,000 annually.

Home inspections can cost around $300, which means inspectors would have to conduct a number of inspections just to pay for their insurance.

The new requirements have gone over well with Realtors who often encourage home buyers to get an inspection before making their decision, according to Claus Lembke, executive vice president of the North Dakota Association of Realtors.

Lembke said the registration adds some validity to home inspections and gives Realtors more confidence when they recommend a home inspection.

"As a Realtor you don't want to recommend a single inspector, you want to provide a list of inspectors," Lembke said.

Although Lembke sees the new law as a positive change for home buyers, he said some part-time inspectors have left the business because they don't want to comply with the new law.

Of the 19 registered home inspectors listed on the secretary of state's Web site, six of them are from Bismarck or Mandan.

Although the Secretary of State is responsible for registering inspectors, the agency cannot punish those who violate the law.

Any person who inspects homes without registering is guilty of a Class B misdemeanor, which is punishable by up to 30 days in jail and a fine of $1,000.

Secretary of State Al Jaeger said even though an inspector is registered with the state, people also should ask the inspector about their qualifications.

"What the public needs to know is just because they (inspectors) are registered, there is no guarantee regarding their qualifications," Jaeger said.

Rep. Margaret Sitte, R-Bismarck, was the main sponsor of the new law as it worked its way through the Legislature earlier this year.

Sitte introduced the bill on behalf a Bismarck couple who hired a home inspector before they bought a $200,000-plus house in Bismarck that they later found had moisture problems that caused mold. The couple blamed the inspector for not telling them about a leaky skylight that caused water to enter the house.

Many home inspectors testified on the bill before it was approved, including Melvin Zent, a home inspector in Dickinson.

Zent said he would like to see a time limit to prevent people from going after inspectors several years after problems occur.

Zent also is concerned that the new law could result in more claims against inspectors for things that are not their fault, or that they cannot see.

"If there's something concealed in a wall and if you have no proof of seeing it, how can you be liable for it?" Zent said.

One change that could be considered in 2007 when the Legislature meets next is defining which organizations inspectors can use to obtain certification.

Jaeger said some applicants have listed credentials from organizations not listed in the law, but he can't legally register an inspector unless they receive certification from one of five organizations approved by the state.

"I have no wiggle room, it has to be from one of those organizations," Jaeger said.

Sitte said there could be some changes made to the law when the Legislature meets in 2007.

"You realize when you are in the legislative process that change is hard and it comes slowly," Sitte said.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com)

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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Joseph Hagarty

HouseMaster
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3988
User: jhagarty
Posted: Aug 22, 2005 10:27 PM       Post Subject:
Jim B:

You posted the content of the Link:

http://www.bismarcktribune.com/articles/2005/08/22/news/update/doc430a38a687a79405465251.txt

Any personal viewpoints to Add?

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Aug 22, 2005 10:31 PM       Post Subject:
Nope. Just reporting on HI legislation.

What about you?

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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Joseph Hagarty

HouseMaster
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3988
User: jhagarty
Posted: Aug 22, 2005 10:33 PM       Post Subject:
You chose to post first.

What is the old saying....

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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Joseph Hagarty

HouseMaster
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3988
User: jhagarty
Posted: Aug 22, 2005 10:37 PM       Post Subject:
Jim:

I believe you Voluntarily took on the role of Legislative Committee Leader of NACHI.

What is the purpose of the post if you have no Opinion to Share. icon_question.gif

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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Dean Foell

Tri-State Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 44
User: dfoell
Posted: Aug 23, 2005 5:58 AM       Post Subject:
What the article did not cover was the rest of the story about the home buyer and the inspector. The house was full of ants, mold, improper shingle installation, and settled floors. When they confronted the home inspector he said it happened after they moved in. He filed bankruptcy before they could do anything. It's that kind of inspectors we wanted to get rid of, and did. He might be back to inspecting and just as blind, but now with insurance.
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Erby Crofutt

B4U Close Home Inspections & Radon Testing
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 1348
User: ecrofutt
Posted: Aug 23, 2005 7:42 AM       Post Subject:
Who are the five organizations listed in the law?
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Joseph Hagarty

HouseMaster
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3988
User: jhagarty
Posted: Aug 23, 2005 7:49 AM       Post Subject:
American Society of Home Inspectors Inc
932 Lee Street Suite 101
Des Plaines IL 60016
Telephone: (800) 743-2744
Website: www.ashi.org

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

National Association of Home Inspectors Inc
4248 Park Glen Road
Minneapolis MN 55416
Telephone: (800) 448-3942
Website: www.nahi.org

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
National Association of Certified Home Inspectors
PO Box 987
Valley Forge PA 19482-0987
Telephone: Executive Director (303) 591-9896
Website: www.nachi.org

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Examination Board of Professional Home Inspectors
800 E Northwest Highway Suite 700
Palatine IL 60074
Telephone: (846) 298-7750
Website: www.homeinspectionexam.org

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
International Code Council
5203 Leesburg Pike Suite 600
Falls Church VA 22041
Telephone: (888) 422-7233, ext 6235
Website: www.iccsafe.org


http://www.state.nd.us/eforms/doc/sfn54381.pdf
___________________________________________________

--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

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James Bushart

Home Inspection Services of Missouri
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3690
User: jbushart
Posted: Aug 23, 2005 8:56 AM       Post Subject:
I don't necessarily believe everything that I read in a newspaper, but this article seems to hint at several factions already at work in attempting to change the law in North Dakota.

The reporter identifies one faction that supports the legislation for its effect in ridding their competition.

Real estate agents seem to regret the fact that part time home inspectors (I am assuming that they liked to use some of them) have been forced out due to the requirement to maintain E&O.

There seems to be a faction that wants to broaden the selection of entrance exams.

There is the observation that the law has limited the total number of home inspectors allowed to practice in the state to just 19, with 1/3 of those being located in just two cities.

I think this article points out another important issue that is worthy of note to those who are considering legislation in their state. Once a bill becomes law, the attempts to modify and repeal are engaged. People who lost their battle on the assembly floor are not necessarily finished in their attempt to influence the law. I think that the actions of PHIC in PA are another example of this.

Those are my observations from this article, Joe H.

--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

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