An idea Jim Bushart and I have been batting around. Like it? Hate it?

I see no advanatage and expect it could cost NACHI a lot of members .

Busharts always had issues with real estate agents. Let him fight his own battles…Hate It

I understand what Jim is saying, but here in Florida sellers agents almost never solicit home inspectors on their listings. I’ve conducted well over 2,000 inspections in the Tampa Bay area since 2002 and have never encountered the situation where Jim’s rule would have applied.

Hate it… But, I’m not a ‘big’ rules fan to begin with.

Yes and no.
No, I’m not personally offended because I am ethical whether we have a COE or not. I will still be ethical in all ways that I live and work. That’s just the way I was raised.
Yes, I am offended for the sake of the profession in the sense that having yet another extra “ethical” rule quinda makes one think “Can I really trust a Homie? They actually HAVE to have all the ethical rules to “help” them be ethical”.

I completely agree, you either are or or not ethical.

Maybe some individuals should focus on improving their personal bedside manner instead of trying to push their agenda on others.

If most find you offensive, then maybe its not everyone else.

I personally want no one to make business choices for myself.

Here is a great book to start with if you find yourself struggling for refferrals from others–how to win friends and influence people :smiley:

Behold! Confirmed evidence that smart men have the occasional brain fart…

…and collaborating on a brain fart. Classic! This is the type of stuff Congress comes up with.

Glad I didnt have to weigh in. It is an altruistic and noble goal, intended to close yet another perceived loophole.

You cant legislate ethics. Folks will either be ethical or not. those who are not, pay no attention to the COE, anyway.

I see the clause as problematic in that dual agency is alive and well across the US. So long as state real estate law recognizes and permits it, the REAL danger lies on the RE side.

Here in NY, the buyers agent, buyers broker, and listing agent actually all work for the sellers broker. Follow the money.

We’ve learned this through many, many actual cases over the years, haven’t we?

And just as our present code of ethics fails to keep our members from paying to be on preferred vendors’ lists … this provision, if implemented, will not stop those who are writing soft reports in exchange for referrals from selling agents.

It is, however, a step in the process that — when taken, could possibly keep the inspector out of the line of fire if the selling agent is later sued and will also set our association apart from the other associations who are institutionally aligned with used house salesmen such as ASHI is.

To argue that such a step in the process would interfere with one’s business as expressed by some in this thread is, IMO, an argument in favor of the provision.

Then take it a vote to the membership . or a Poll i understand why but i do not think it is needed.

Now there is an original idea.
Polls represent a vocal fraction of the Message Board users and never should be construed as representative of the NACHI Members in totality.

Well i thought a vote would be a good idea lolol

It’s about disclosure.

Dual agency requires disclosure to the client.

Owner/agent property sellers must be disclosed to the client.

I don’t see any reason to notify the client of your association with a referring real estate agent when they were there! Their agent made the referral directly to them. It’s up to them to decide whether the agent and the home inspector are legitimate and ethical.

I can perceive the adverse conditions that can exist when a home inspector solicits to a real estate company for business. However it’s not our position to discuss ethics as a marketing tool with the client.

This type of thing simply turns on the client’s awareness that there is a potential for unethical behavior and makes them scrutinize something that has yet to surface between them and an ethical home inspector.

It seems to me that this says that we are poking our nose into the real estate business by trying to determine if the realtor actually represents the seller or the buyer (in reality, every agent represents the seller and never the buyer). That’s a big enough gray area in the real estate arena for them to deal with. I don’t see why we need to get mixed up in it.

Most of the real estate agents I work with that create a dual agency with their client advised me of the situation before I take the job. They frequently request that things are handled in a certain way to prevent a conflict of interest as they cannot serve two masters. They often dismiss themselves from the findings of the inspection until the buyer reviews the findings and contacts them.

Now, if you want to restrict home inspectors from directly soliciting real estate companies/agents then that’s fine with me. I don’t solicit companies/agents but 90% of my work comes from them. I think home inspectors and real estate agents getting warm and fuzzy trying to solicit one another’s referrals make poor bed partners.

Paying to be on the preferred vendors lists is a good example of what might be prohibited (and it is).

Most state laws only require “notification” to the client somewhere in the inspection report of an existing condition such as the inspection being paid for by the real estate agent etc.

Nowhere does it require a written signed contract, nor does it state the penalty; such as not ensuring that the buyer determine the reasoning behind hiring the home inspector.

As others pointed out, this is coming from someone against home inspection licensing but who is now trying to enforce our actions in the conduct of our business.

We can’t have home inspection licensing which lays down specifically the do’s and don’ts of home inspection, but now some made up organization without authority or jurisdiction is going to impose restrictions on how we conduct ethical business?!

I have always told Jim that the goof thing of having a licensing law lays down specifically what the ground rules are so we can abide by them. It gives you something to guide you through. It gives you something to use against frivolous claims by the client. So what is it that he is proposing now?

Home inspection licensing is not without fault because it is primarily influenced by another industry (real estate and construction) who are simply looking out for their own interests and not that of the home-buyer.

Who is looking out for what, here?
Is someone feeling the pressure of competition from inspectors that work with real estate agents and not call them scumbag, bottom sucking, commission chasers?

Does anyone have a lead balloon to send to Jim as an award for the Bushart Rule?

The biggest problem is too many home inspectors are crooked as the day is long and are in bed with the Realtors. I see crappy home inspections all the time because of this. I see just about as many crooked buyer’s agents as I do seller’s agents, mainly because the broker gets a cut on the buyer’s and the seller’s side. I just do not see this being enforced. If somebody could explain how, that would be helpful.

zzzzzz… This rule would be illegal in Texas and open InterNACHI to a law suite for
causing financial damage to an inspector who has broken no laws. I do not market
to realtors, but if I accidentally handed out a business card to the sellers agent, then
I could be in violation of the Bushart rule… and get kicked out of InterNACHI.

I would also be forced to question each client regarding who referred them to me
and then tell them to sign a statement that says they my have been referred by an
unethical person and I don’t want the liability. If you carry this to it’s logical
conclusion, then it would lead to financial damage to the inspector and retaliation
from realtors (who will pay you back with slander because you slandered them to
their client… and possibly sue you).

Can you imagine all the contention of holding hearings, over and over, trying to
determine who violated such a rule.? Are we going to call the clients and realtors
to participate in verifying all the facts before we kick out members? Will Bushart
be given access to our client’s personal information so he can do detective
work on these issues? Will we be forced to produce papers of of our inspection

LOL… “Can veee see uuurr papers?”

Hate IT

Some people fear litigation to the point that they almost beg for it to knock on their front door.

I would not request my clients to sign such a form before hiring me.

What you fear most, you attract. Positive thinking leads to positive results.


There you have it.