Dear fellow inspectors and concerned citizens,
*This is the last chance to have your voice heard. *
*The Inspectors Commitee and I need your presence at this meeting. *
[FONT=Verdana]I ask you to sacrifice one day and make a stand for something that will affect Texas consumers, you, your career, your income and your family from now on.[/FONT]
*The TREC commissioners will meet again on October 8, 2007 at 9:00 am. *
Do 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 are persuasive enough and they choose to, have a final ruling (vote) on this matter before the Attorney General’s review is completed.
- *As you probably know there is verbiage in our profession’s Occupations Code (see below) that disallows negligence, incompetence, dishonesty and deceit in our profession. *
- *Any of these acts are already 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. *
- 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 or protect the consumer 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 want to make robbing banks your chosen career path. FW
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) 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.
In closing I hope to see everyone receiving this in Austin October 8, 2007 at 9:00 am
*Texas Real Estate Commission, **1101 Camino La Costa, **Austin, TX 78752 *Map to TREC](http://www.nachi.org/forum/)Driving Directions to TREC](http://www.nachi.org/forum/) *(512) 459-6544 or 1-800-250-TREC (8732) *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 *
Thanks for taking the time to at least read this and hopefully support my efforts,
BARRY ADAIR Owner-Professional Inspector-Moisture Analyst
TREC # 4563
EDI: EIFS-MA TX # 39
Level I Infrared Thermography
NACHI # 04080595
NAWT # 112156 IC
NTTAREI: Advanced Inspector
PaRR # 14195
TAREI: Advanced Inspector
TDI # 1130204761
Lake Cities Association of REALTORS®
ADAIR INSPECTION
1733 GOLIAD DRIVE
GARLAND, TX 75042-4238
office: (972) 487-5634
mobile: (214) 328-8331
*e-mail: *adairinspex@adairinspection.com](http://www.nachi.org/forum/)
*website: *http://www.adairinspection.com](http://www.nachi.org/forum/)