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Legislation, Licensing, Ethics & 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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  #46  
Old 7/12/18, 12:22 AM
James L. Keilson's Avatar
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by bgarrison View Post
I honestly could not care less about what Nathan claims... he's entitled to his opinion just like we all are. Who am I and who are you to dispute that? What does that accomplish?

That is not the answer to my question, it is simply a little folk dance around the bush.


Thanks anyway.


Jim




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  #47  
Old 7/12/18, 12:24 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

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Originally Posted by bgarrison View Post
See Joe's post above...

We all did, and it is Not what Nick said, (specifically in reply to Mards direct question).


Jim




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.
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  #48  
Old 7/12/18, 8:35 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

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Originally Posted by jkeilson View Post
We all did, and it is Not what Nick said, (specifically in reply to Mards direct question).


Jim
I guess I need a Nick dictionary.



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  #49  
Old 7/12/18, 10:07 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by bgarrison View Post
EliteMGA and InterNACHI combined forces to roll out an exclusive insurance program for all members across the US. One of the biggest benefits is Denneler's "ClaimsAssist" service being free if you're insured through this new program. So no need to worry if you have a disgruntled client or get a nasty letter from a lawyer looking to shake you down. Joe has your back.


In addition to the ClaimsAssist, we're offering a vanishing deductible and a FREE 2 year tail policy assuming you meet the criteria. I highly recommend filling out an application at Home - InterNACHI Insurance Powered by EliteMGA.


Or contact me directly if you have any questions. 302-690-9839 or bgarrison@elitemga.com
If we are already insured through you, does all of this already apply, or is this new thing we have to sign up for?
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  #50  
Old 7/12/18, 10:34 AM
Ben L. Garrison Ben L. Garrison is offline
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

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Originally Posted by imayer View Post
If we are already insured through you, does all of this already apply, or is this new thing we have to sign up for?


Hey Ian -


At renewal, you can apply for the new program and we'll roll you in there.



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  #51  
Old 7/12/18, 11:07 AM
Ben L. Garrison Ben L. Garrison is offline
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by jkeilson View Post
That is not the answer to my question, it is simply a little folk dance around the bush.


Thanks anyway.


Jim


I really don't know how to answer your question and trying invalidate self-serving statements made by others is pointless. I think you should take a page out of the Jim Keilson book and "...ignore and or laugh at most everything he (Nathan) says" with your answer resting in Joe D's background/experience. Perhaps you should raise the question to Nathan about why he doesn't put Joe on that list? I mean, the answer is clear as day to me but possibly not so much to others.



Ben Garrison
CA License # 0E38883
National Program Director
302-690-9839 (direct)
bgarrison@elitemga.com
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  #52  
Old 7/13/18, 12:06 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by bgarrison View Post
Hey Ian -


At renewal, you can apply for the new program and we'll roll you in there.
So it's like cable TV, the new people get the better offer while the existing customers don't.

Eh, well, I've been very happy with EliteMGA insurance, and have no thoughts of ever changing.
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  #53  
Old 7/13/18, 6:42 PM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by bgarrison View Post
I really don't know how to answer your question and trying invalidate self-serving statements made by others is pointless. I think you should take a page out of the Jim Keilson book and "...ignore and or laugh at most everything he (Nathan) says" with your answer resting in Joe D's background/experience. Perhaps you should raise the question to Nathan about why he doesn't put Joe on that list? I mean, the answer is clear as day to me but possibly not so much to others.



Ben, like Nick you like to dance I see. My question is so simple you should be able to answer it honestly without any spin.


This is simply You're opinion.:


Simple question
1. Ben, Do you think his claim is true or Not ? It really only requires a yes or no answer. ?

2. Nick same question for you ?


Thanks,

Jim
------------------------------------------------------------------------------



Here is his post for ease of finding:


07/02/2018 02:27 PM EDT
Subject: How to get your legal issues resolved in Home Inspection - by P. Nathan Thornberry


Nathan
King


Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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You know what has always bugged the hell out of me? The way home inspection businesses (and home inspectors) deal with legal issues.

Allow me to explain:

If you spend any time at all on a home inspection industry social media page or forum, you will see on a daily basis multiple posts where a response to a question includes "you should consult your attorney". Of course, I always have to stop myself from posting in response "would you like to add "dumbass" to the end of that?" (Because it's obvious, an attorney can deal with a legal issue and get an answer to a question. The person posing the question in a social media thread specifically did not send it to an attorney but rather wanted to poll the group or get an idea of what the answer should be, etc. so like just answer the question or abstain instead of playing Captain Obvious you keyboard warriors out there).

But enough about my social media pet peeves on this one. There's a deeper issue here: How many inspection companies actually have attorneys on call? How many employ one as general counsel? The answer is virtually ZERO on the first question and an absolute ZERO on the second and by the way there are only really 3 attorneys who have focused their careers on home inspection and related issues throughout the U.S. and done so with an impeccably competent record (Alex Vollmer, Joe Ferry, and Mark Cohen). If you were to actually engage a local attorney, get them on retainer, the first thing they would probably ask is "what is a home inspection?" and then any time you had an issue you'd have to pay their hourly rate to learn about the subject matter and then act.

Coincidentally, the number of inspectors that have taken that "you should consult your attorney" advice in all those social media threads is probably also ZERO (so you keyboard warriors can go back to...oh, nevermind. Stay online. Nothing else to do ).

I, myself had this same issue. When I was fairly young in the business, around 19 years old, I had my first legal issue to contend with. Nothing big, just a minor dispute and I felt an attorney's letter would be a good move. I'm in the warranty business, which is about as familiar to attorneys as home inspection, and I discovered this in the worst way: I consulted a local attorney my parents had utilized for years. He talked to me for an hour on the issue, wrote a letter for another hour, sent me a copy to review and sent me a bill for around $600.

Here's the best part - when I reviewed the letter, it was clear he had no idea what we really did. In fact, he didn't even refer to us as a "warranty company" in the letter. He called us a "mortgage company". Probably just a mistake but seriously? I fired my first attorney that day.

Fast forward nearly 20 years and we have not one but three legal professionals on staff. Not just outside firms, no, staff members that get a paycheck from us every week. It was literally impossible to find competent counsel that I didn't have to train on our business with every little issue and then pay through the nose for something I felt like I, as a layperson, could have done much better. This wasn't an easy thing to accomplish and really doesn't pencil unless you're doing tens of millions in revenue - which puts literally every single home inspection company in the world in the same position as I was nearly 20 years ago with no good options.

So what should you do? Divide and Conquer.

Remember those three names of the only attorneys in the U.S. that really understand home inspection? (Vollmer, Ferry, and Cohen) You can put one, two, or all three to work for you for less than any attorney in town will charge you just as a retainer. Here's how you do it:

1. Get with the Program! (The ISG Program)

Alix Vollmer and her team work tirelessly on compliance and complaint issues for RWS and on behalf of RWS (Residential Warranty Services) for our clients. When you offer warranties with your inspection, anything and everything that could be deemed a warranty items ends up being NOT your problem even if it goes legal. You essentially get a third party to not only defend the issue and pay for the issue, but they bring their own counsel with them at their own expense. Not only do we get rid of issues but IF they become for any reason an E&O claim we cover your deductible up to $5000.00. Talk to Mike Doerr and see http://www.InspectionSuccess.net for details and to get enrolled. The Cost: As little as $0.

2. Engage Mark Cohen on an as-needed basis.

Many if not most legal issues facing an inspector (formation, legal questions, etc.) can be handled in no time flat when you have an attorney that has been working in the industry forever and has most everything committed to memory. For as little as $150 and a retainer of ZERO DOLLARS for qualifying Home Inspectors, Mark Cohen is your counsel. For things that require a locally admitted counsel, Mark can help you through that process as well. See details at LEGAL

3. Get Joe Ferry to respond to frivolous claims.

Then there are those, "Hello, I'm an attorney representing Mr. Smith and you didn't find the underground, buried, concealed oil tank in his back yard when you did his inspection 5 years ago and we are demanding $21,000" letters from attorneys who know nothing about inspection (which is all of them. That's right, I am publicly calling out every attorney in the U.S. as being uneducated on this topic outside of these three. You can reach me at Nathan@Nathan.tv if you'd like to talk about it. lol). How do you deal with those? Well, a letter in response to these from Joe Ferry has an incredibly high rate of success (high 90's) in getting them GONE. The cost? A small monthly fee. Oh, and Joe says those warranties from item #1 above do a great job of reducing the number of claims to deal with. Check out his program at http://www.JoeFerry.com


So there you have it. Spend maybe $0 to a few hundred annually for the best representation there is for a home inspector. Inspired by that attorney that disappointed me nearly two decades ago. I think I'm going to send him a bottle of wine with a thank you card now.




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.
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  #54  
Old 7/13/18, 7:43 PM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Simple question
1. Ben, Do you think his claim is true or Not ? It really only requires a yes or no answer. ?

2. Nick same question for you ?
I can probably answer. Who is "his" and what is the claim?
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  #55  
Old 7/13/18, 9:25 PM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by gromicko View Post
I can probably answer. Who is "his" and what is the claim?

Read the post above, although I imagine you already have and are just playing your typical dame. In any case read the post, and nathans hread and then answer my question.


Thanks


Jim




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.

Last edited by jkeilson; 7/15/18 at 6:24 PM..
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  #56  
Old 7/14/18, 1:16 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Nathan makes a lot of claims. I don't know which one you are asking me about.
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  #57  
Old 7/14/18, 7:38 AM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by gromicko View Post
Nathan makes a lot of claims. I don't know which one you are asking me about.

Actually all of them he makes in the above thread he made, which I posted above for your convenience.


But How about we just start with 2 of his claims.


Nathans Claim 1.
"there are only really 3 attorneys who have focused their careers on home inspection and related issues throughout the U.S. and done so with an impeccably competent record (Alex Vollmer, Joe Ferry, and Mark Cohen)"


Question #1 for you:

In your opinion,

Do you think his claim is true or Not ? It really only requires a yes or no answer. ?




Nathans Claim 2.

"Remember those three names of the only attorneys in the U.S. that really understand home inspection? (Vollmer, Ferry, and Cohen"


Question #2 for you:

In your opinion,

Do you think his claim is true or Not ? It really only requires a yes or no answer. ?


Thanks


Jim




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.

Last edited by jkeilson; 7/14/18 at 7:46 AM..
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  #58  
Old 7/14/18, 3:51 PM
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by jkeilson View Post
Actually all of them he makes in the above thread he made, which I posted above for your convenience.


But How about we just start with 2 of his claims.


Nathans Claim 1.
"there are only really 3 attorneys who have focused their careers on home inspection and related issues throughout the U.S. and done so with an impeccably competent record (Alex Vollmer, Joe Ferry, and Mark Cohen)"


Question #1 for you:

In your opinion,

Do you think his claim is true or Not ? It really only requires a yes or no answer. ?




Nathans Claim 2.

"Remember those three names of the only attorneys in the U.S. that really understand home inspection? (Vollmer, Ferry, and Cohen"


Question #2 for you:

In your opinion,

Do you think his claim is true or Not ? It really only requires a yes or no answer. ?


Thanks


Jim



Hey Ben, could you answer the same questions as asked to Nick in the above post please ?


Thanks


Jim




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.
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  #59  
Old 7/15/18, 11:09 AM
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Nick Gromicko, CMI Nick Gromicko, CMI is online now
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

No. Neither claim is accurate.
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  #60  
Old 7/15/18, 6:29 PM
James L. Keilson's Avatar
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Default Re: Join me in welcoming inspector lawyer Joseph Denneler to InterNACHI's Legal Team.

Quote:
Originally Posted by gromicko View Post
No. Neither claim is accurate.

Thank You Nick. Truthful answer and no dancing first.


Just waiting on Ben ?


Thanks again Nick !!


Jim




"We Respect Our Clients Right To Privacy"

Jim Keilson Certified Master Inspector


MarylandHomeInspectionServices.com



www.MarylandRadonTesting.org


Specializing in All Air Quality
Mold and Radon Gas Testing


State of Maryland License# 31141
Virginia License#3380 000468
InterNACHI ID: NACHI10101807
(IAC2). Certification # IAC2-02-0919
Maryland Home Inspectors, Also servicing All of Northern Virginia and Washington, D.C.
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