Originally Posted By: ismetaniuk
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Igor
Top To Bottom Inspections
Glen Spey, NY
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Originally Posted By: ismetaniuk
This post was automatically imported from our archived forum.
zzzzzzzzzzzzzzzzzzz
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Igor
Top To Bottom Inspections
Glen Spey, NY
Originally Posted By: jfarsetta
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All of these bills suck. A0076 is more reasonable regarding appraisers, adjusters, and code enforcement officials performing inspections. It is also reasonable in that it does not prohibit an inspector from performing an inspection on a property he/she has a financial interest in, provided it is disclosed.
The new HI bill is bogus, and was written in haste, I suspect. A requirement for E&O was absent (unless I missed something), and is far more restrictive in some ways than A0076.
The bill which must be stopped dead in its tracks is the latest real property amendment which, in essence, shifts responsibility on the inspector, architect, or engineer who may be retained for inspection purposes. This will have long-ranging effects.
Joe Farsetta
Originally Posted By: jfarsetta
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Igor,
One added diddy... This latest amendment to the property disclosure law can/will be devastating to the buyers agent (realtor) should a real undisclosed defect be overlooked or hidden. As you know, the buyers agent almost always gets sued, especially if they failed to advise their client of something or if they recommended/referred the inspector.
No, this latest amendment was crafted/prompted by smart-a$$ lawyers, who NEVER liked the property disclosure law and figured out a way around it (dont disclose and pay $500 at closing to the unsuspecting buyer).
I've started alerting realtors in the area of the potential vicarious liabilities to them associated with this proposed bill. We all should. I'm meeting with the local Board of Realtors president to let her know about this...
Joe Farsetta
Originally Posted By: ismetaniuk
This post was automatically imported from our archived forum.
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Igor
Top To Bottom Inspections
Glen Spey, NY
Originally Posted By: gbeaumont
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:
a) Full license- 3 years, minimum 300 inspections.
b) Associate- 1 Year, minimum 100 inspections.
2) New licenses:
a) full license - 250 fee paid, plus NHIE or equivalent exam.
b) Associate license - 75 under DIRECT supervision.
3) NO E&O requirement.
This bill must have been written by either a complete idiot or by an experienced inspector who does not want to see his costs rise !!
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Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466
Inspection Depot Education
gbeaumont@inspectiondepot.com
"Education is a journey, not a destination"
Originally Posted By: jfarsetta
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They all have a common thread… they are based upon the ASHI model. There may be subtle differences, but they all suck. This is the reason I want NACHI to develop its own model legislation. The legislation should have qualifiers, meaning if it ain’t broken in a particular state or county/town, then it shouldn’t require legialstion. NACHI’s legislative entree should be truly different, if it is meant to protect the consumer, but leave the industry open to newcomers. Wow, what a concept…
Joe
Originally Posted By: jfarsetta
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As posted in the most recent ASHI reporter, Assembly Bill A0076 will not be reviewed by the Judiciary Committee (convenient, as its author is the Chair of that same committee), but will be put to a vote. I suggest we start writing to as many assembly people and state senators (also the Governors office) to try and stop this bill…
Originally Posted By: ismetaniuk
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This membership was a big waste of my time!
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Igor
Top To Bottom Inspections
Glen Spey, NY
Originally Posted By: jfarsetta
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Agreed. 3 years and 300 inspections… No E&O… What are they thinking? Is this the bill that NYAHI and ASHI likes. It looks like the ASHI legislation, with some verbiage removed.
Originally Posted By: ismetaniuk
This post was automatically imported from our archived forum.
This membership was a big waste of my time!
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Igor
Top To Bottom Inspections
Glen Spey, NY
Originally Posted By: jfarsetta
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Am I correct in that the E&O requirement has been removed. I also thought that this was the bill that they did not support. I thought I read that on the NYSAHI site.
Originally Posted By: ismetaniuk
This post was automatically imported from our archived forum.
This membership was a big waste of my time!
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Igor
Top To Bottom Inspections
Glen Spey, NY
Originally Posted By: dsunday
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Joe,
I know you talked about this at NYNACHI on Tuesday, do you have anything that you are sending out to Realtors in your area?
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Dennis J Sunday
Home Inspection Systems
www.Homeinspectionsystems.com
Brewster, NY 10509
(845) 279-1578
Originally Posted By: jfarsetta
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DJ,
No, not as of yet. So far, it's been word of mouth. First move for us is in the hands of Patsy Maietta, in the form of a letter I crafted. Patsy has a target audience in mind, and has some inside info on the subject. He can send it to our first targeted group, as he is a member of that particular org.
We need to see how quickly Nick and Co, back at NACHI National, can put the e-mail engine together for us. That will streamline the process of notifying legislators.
I'm also quite sure that at least one guest who attend the chapter meeting the other night was an ear.
As the NACHI Legislative Committee kind of disappeared, our chapter will have to lead its own charge. I cant do it myself, though. I also noticed that an individual I know, who was an ASHI candidate member a very short time ago, is now a local chapter director.. When he spoke about ASHI 8 months ago,, he was supposedly really down on them. So much for honesty...
Joe
Originally Posted By: dsunday
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| Quote: |
| FACT: ?Inspectors? as a whole are not yet regulated, as far as HICAG knows, although we believe that all should indeed be regulated. Therefore, absent any documentation to back up this claim, it is obviously a blatant attempt to prevent the consumer from knowing that, by law, as of the date that this so called ?News? release was written, Home Inspectors need not be licensed UNTIL June 30, 2004. |
Sorry guys, but I don't agree with HICAG sentiment at all. Show me where the consumer is being hurt. Show me WHY we need to protect the consumer. The authors of all this legislation are simply trying to justify their jobs. Where is the data from "unregulated" states that show harm to the consumer. If we follow along the HICAG road, NY will be in the same situation as Jersey. I am a firm believer in minimal government interference - do you know of any enterprise the "government" has run and turned a profit?
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Dennis J Sunday
Home Inspection Systems
www.Homeinspectionsystems.com
Brewster, NY 10509
(845) 279-1578
Originally Posted By: jmyers
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Dennis,
This group came about because of the legislative push in NJ to license home inspectors. Ultimately the consumer in NJ is going to pay for this legislation because it was not created to protect the consumer it was the home inspectors that made this law what they wanted it to be.
Laws as you know are supposed to protect the consumer (aka, voting public) and the NJ law did nothing more than make sure the top brass of the home inspectors in NJ made lots of money from the present home inspectors. Further they made it difficult to obtain a license if you are not one of their crowd making the license biased towards those members they choose to license. Do you think that is the way licensing should work? I don't.
I don't think Pete Engle or any one else over there in NJ should have anything at all to do with licensing or any other portion of that process. Just as I don't think Jack Milne or the PHIC should have anything to do with the licensing here in PA. Maybe you did not hear, that is exactly what they intend to do, propose legislation calling for an actual license in place of what we currently enacted.
Be careful of which side of the fence you are standing on when the SH** hits the fan on this one. If you are standing on the wrong side you are bound to come out smelling bad with all the others that push for this kind of stuff. 
The HICAG is doing more right now to stop this kind of crap than anyone else that I personally know of.
Joe Myers
Originally Posted By: dsunday
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Joe,
I guess I just believe that the market should be allowed to weed out competition naturally. I would not be opposed to registering for a license. But Licensing DOES NOT guarantee against incompetence. We've seen that with driver's licenses.
Everytime legislators enact these types of laws, the consumer doesn't realize the cost of implementing the law.
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Dennis J Sunday
Home Inspection Systems
www.Homeinspectionsystems.com
Brewster, NY 10509
(845) 279-1578
Originally Posted By: jmyers
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Dennis,
I agree with you. The fact remains that inspectors out there are proposing legislation that is biased toward themselves. The HICAG is there to help ensure that the legislation that is proposed is really there to safeguard the consumer.
Joe Myers
Originally Posted By: dsunday
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Joe,
How many "consumers" vs Inspectors do you think belong to HICAG?
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Dennis J Sunday
Home Inspection Systems
www.Homeinspectionsystems.com
Brewster, NY 10509
(845) 279-1578