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  #16  
Old 5/15/18, 7:59 AM
Emmanuel J. Scanlan, TREC# 7593 Emmanuel J. Scanlan, TREC# 7593 is offline
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Join Date: Dec 2004
Location: Josephine, TX
Posts: 6,762
Default Re: Turn them in, or look the other way?

Quote:
Originally Posted by jcahill View Post
Anonymous complaint systems are always abused and turn regulators into Nazis.



You are clearly mistaking an anonymous complaint system from a simple report system. I do not see anywhere within this conversation that an "anonymous" complaint system is being discussed.



If a report bothers you that much then nut up and sign the complaint form.


I do have to wonder if you have a full grasp of the seriousness of some of the issues we do see out there with Inspectors. The OP wrote about a report but this thread is more than just about a poorly performed report.



I've seen reports that are not as good as mine and I've seen reports that are better than mine. I handle it this way, "I do my best to care for my client and my business. I learn from others to improve myself. I have not the time or patience for a nanny state".



You say you do not have time for a Nanny State yet why after all the years then did your group of IAC not work to remove the "Requirement" that Inspectors report violations by other Inspectors?



It is fair you know that I endorse significant deregulation of home inspection in Texas after spending 33 years of my life working with TREC on these matters. I spent the last two days driving to Austin and meeting for hours with high-level legislators about home inspection. Our problems do not come from someone writing a crappy report.


You are fixating on a report when this discussion has already widened to other more serious issues.


As for your view of deregulation you have already made that known many times over. Where there are many regulations we do not need I believe that there are many we do need. IMO the issues for the Inspection industry here in Texas is not that it is regulated but instead the way it has been regulated. As can be seen all to often the current regulation efforts are falling short of protecting consumers. Deregulating the industry would only place consumers at the mercy of anyone with a clipboard, pad, and pencil.


I have found compliance issues and notified the inspector in a friendly reminder way. "Hey XYZ, I saw your inspection report. You might check the XYZ on the report. It might not be current. Not complaining. Best regards."


I have also done the same and been met more times with explicative laden responses. I certainly don't bother with that anymore and any Inspector who can not measure up will eventually feel the pain for it.


In today's world, the buyer is no longer naive. They need to learn to take care of themselves. A person who does not check their boat for leaks before paddling off to sea deserves to swim back to shore.


In "today's world" we also have well more scammers, incompetent businesses/owners, well more opportunities for consumers to be easily taken advantage of. In "today's world" the consumer must now spend 8 hours a day at their work to provide for their family needs and another 8 hours a day ensuring they are not being taken advantage of by dishonest businesses. In "today's world" it is more important than ever for groups of professionals to police their own. The lack of empathy in the business world rules in "today's world".


John Cahill

Regretfully, I was once a stupid high-level rule maker. Thankfully I learned I only need to make rules for myself. Life is much more peaceful.

With this quote I then suspect that you gave up on consumer protection?

Answers and thoughts above.



Knowledge is power, but sharing knowledge brings peace!

http://www.psinspection.com

TREC License# 7593

Professional Real Estate Inspections for the counties of Collin, Rockwall, Hunt, Dallas, Tarrant, Kaufman and all surrounding areas. If you want the the best you will find it with PS Inspection & Property Services LLC!
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  #17  
Old 5/15/18, 8:08 AM
Roy Lewis, CMI's Avatar
Roy Lewis, CMI Roy Lewis, CMI is online now
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Default Re: Turn them in, or look the other way?

Ignore it and move on.
Don't waste your time.




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  #18  
Old 5/15/18, 5:26 PM
Marc A. Goldenberg's Avatar
Marc A. Goldenberg Marc A. Goldenberg is offline
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Default Re: Turn them in, or look the other way?

Quote:
Originally Posted by rlewis5 View Post
Ignore it and move on.
Don't waste your time.
This IS a waste of time. Found this posted on internet somewhere. I love this thing.
At least he noted the garage is "free of trash/debris" & all the closets have closet rods.
Attached Files
File Type: pdf Professional Report.pdf (149.0 KB, 11 views)



http://www.alltropic.com


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  #19  
Old 5/15/18, 10:00 PM
John Cahill, TREC 855 John Cahill, TREC 855 is offline
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Join Date: Dec 2004
Location: Plano, TX
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Default Re: Turn them in, or look the other way?

The PDF report looks very similar to a code based minimum property standards inspection. Several cities in North Texas have similar basic templates.
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  #20  
Old 5/15/18, 10:54 PM
John Cahill, TREC 855 John Cahill, TREC 855 is offline
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Join Date: Dec 2004
Location: Plano, TX
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Default Re: Turn them in, or look the other way?

Manny,

TREC makes the Rules, not me or the Inspector Committee. The responsibility you reference is boilerplate in all regulatory language and it is put there by staff lawyers. No one changes what a staff lawyer wants.

The two most dangerous words of any statute or politician are "public protection" or "consumer protection". Without carefully defined limitations, "public protection" is a blank page for corruption by bureaucrats and zealous regulation by members of an occupation who desire to control commerce to their preference. The overwhelming majority of people who invoke these terms in their proposals cannot statistically substantiate their claims.

You said, "With this quote, I then suspect that you gave up on consumer protection?"

I always protect my consumer to the best of my ability. I support deregulation because I believe consumer protection would be improved. We are currently regulated by real estate agents. If inspectors had their own board I am convinced it would be comprised of rulemaking personalities which would be no better than being controlled by real estate agents.

The only statistical proof I can offer is that I spent 32 years traveling to Austin to serve committees, support committees, oppose committees, testify to the legislature, openly oppose powerful TREC officials repeatedly, and testified to several Sunset Commissions. I am not bragging. The fact is I spent 32 years doing this until I realized "I was kicking my own rear end". It's easy for people to disagree with me but until you've danced with the devil in the pale moonlight, be nice. There is only one course of action . . do the best you can for your consumer. Ignore others. Inspectors who stick to that will succeed with or without rules and the public will be protected.

Back to topic. If you see a report you disagree with then submit a signed complaint if that suits you.

Pardon the expression nut up. I saw it in a movie called Zombieland and thought it was funny.

Last edited by jcahill; 5/15/18 at 11:09 PM..
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  #21  
Old 5/16/18, 12:06 AM
Emmanuel J. Scanlan, TREC# 7593 Emmanuel J. Scanlan, TREC# 7593 is offline
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Join Date: Dec 2004
Location: Josephine, TX
Posts: 6,762
Default Re: Turn them in, or look the other way?

Quote:
Originally Posted by jcahill View Post
Manny,

TREC makes the Rules, not me or the Inspector Committee. The responsibility you reference is boilerplate in all regulatory language and it is put there by staff lawyers. No one changes what a staff lawyer wants.

The two most dangerous words of any statute or politician are "public protection" or "consumer protection". Without carefully defined limitations, "public protection" is a blank page for corruption by bureaucrats and zealous regulation by members of an occupation who desire to control commerce to their preference. The overwhelming majority of people who invoke these terms in their proposals cannot statistically substantiate their claims.

You said, "With this quote, I then suspect that you gave up on consumer protection?"

I always protect my consumer to the best of my ability. I support deregulation because I believe consumer protection would be improved. We are currently regulated by real estate agents. If inspectors had their own board I am convinced it would be comprised of rulemaking personalities which would be no better than being controlled by real estate agents.

The only statistical proof I can offer is that I spent 32 years traveling to Austin to serve committees, support committees, oppose committees, testify to the legislature, openly oppose powerful TREC officials repeatedly, and testified to several Sunset Commissions. I am not bragging. The fact is I spent 32 years doing this until I realized "I was kicking my own rear end". It's easy for people to disagree with me but until you've danced with the devil in the pale moonlight, be nice. There is only one course of action . . do the best you can for your consumer. Ignore others. Inspectors who stick to that will succeed with or without rules and the public will be protected.

Back to topic. If you see a report you disagree with then submit a signed complaint if that suits you.

Pardon the expression nut up. I saw it in a movie called Zombieland and thought it was funny.

John,


At no time did I say you or the IAC made any rules. To save you the trouble of paging back here is what I stated. I have bold and underlined the key point. I am well aware of who approves rules and who reviews any rule suggestions and I am also aware of the many rules that the IAC under your watch worked to have changed/amended/improved with your "advise" to the Commissioners. After all that was one of the major functions of the IAC.



Quote:
You say you do not have time for a Nanny State yet why after all the years then did your group of IAC not work to remove the "Requirement" that Inspectors report violations by other Inspectors?



As for your thought on consumer protection.


Quote:
do the best you can for your consumer. Ignore others. Inspectors who stick to that will succeed with or without rules and the public will be protected.

The public will only be protected by those Inspectors that choose to take that course of action. Unfortunately as we see there are plenty of Inspectors that choose not to expend much or any effort in consumer protection in lieu of their own profits. Unfortunately too that is the basic reason for the need of regulations. Until 100% of the Inspectors do take consumer protection seriously and practice it then deregulation will only hurt the consumer and not help them.


As for your phrase no need for apologies since Woody Harrelson did after all get his beloved Twinky!



Knowledge is power, but sharing knowledge brings peace!

http://www.psinspection.com

TREC License# 7593

Professional Real Estate Inspections for the counties of Collin, Rockwall, Hunt, Dallas, Tarrant, Kaufman and all surrounding areas. If you want the the best you will find it with PS Inspection & Property Services LLC!
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