wdecker
(William Decker, CMI, IL. Lic. 450.002240)
November 7, 2009, 1:22am
21
jbushart:
Illinois definition of a home inspection is not relevant.
NACHI COE is superceded by the Illinois State SOP: “The InterNACHI member shall comply with all government rules and licensing requirements of the jurisdiction where he/she conducts business.”
Illinois Home Imnspection Licensing Act:
" “Home inspection” means the examination and evaluation of the exterior and interior components of residential real property, which includes the inspection of any 2 or more of the following components of residential real property in connection with or to facilitate the sale, lease, or other conveyance of, or the proposed sale, lease or other conveyance of, residential real property:"
Not a “home inspection” as defined by state law.
The end of this sentence contradicts the beginning. Try again.
There was no contract (verbal, in this case) because the client (the builder) did not live up to his duty, i.e., to pay me. I always require payment at the time of the inspection. No contradiction.
No. You have no right to share the results of your inspection without your client’s consent. The fact that he refused to pay you because he did not appreciate the quality of your work does not give you the right to share the results of the inspection.
There was no “inspection”. It was a consulation. Also, there was no consulation because he didn’t pay me.
And, to be clear, I did not share the results of the inspection. I merely offered to do a condo building transition inspection for the association, at a later date. Transition inspections are not under the jurisdiction of the State or NACHI.
Again…you performed an inspection of a home. The fact that you were not paid does not relieve you of your ethical responsibilities.
Again, it was not a “home inspection” under the state law or NACHI SOP or COE, because it was a consultation.
Got it?
wdecker
(William Decker, CMI, IL. Lic. 450.002240)
November 7, 2009, 1:24am
22
A verbal contract.
My lawyer has told me that if it is a consultation (per Illinois state law) than I am not required to have a writtyen contract. They arer paying me for my opinion.
And, less paperwork. :mrgreen:
belliott
(Bob Elliott, 450.0002662)
November 7, 2009, 2:01am
23
So we can Inspect outside SOP more than two building systems as long as we call it a consultation.?
Why bother to even have a Home Inspection License?
jbushart
(James H. Bushart)
November 7, 2009, 2:09am
25
NACHI’s COE is not superseded by anyone’s state law. Sorry, Will.
In my opinion, your story is just you blowing off steam over not being paid.
If you, indeed, follow through and provide the information that you initially gathered for your client to someone else without your client’s consent, and he follows a complaint with NACHI, you could be in trouble.
gbell
(Greg Bell, Sr CMI)
November 7, 2009, 2:45am
26
Looks like someone let captian nachi loose again.
bkelly2
(Brian Kelly, AZ Cert. # 60234)
November 7, 2009, 2:48am
27
I thought you took his cape Greg???
mnahrgang
(Mark Nahrgang, C.R.I.)
November 7, 2009, 2:50am
29
jbushart:
NACHI’s COE is not superseded by anyone’s state law. Sorry, Will.
In my opinion, your story is just you blowing off steam over not being paid.
If you, indeed, follow through and provide the information that you initially gathered for your client to someone else without your client’s consent, and he follows a complaint with NACHI, you could be in trouble.
Well if you can give your opinion, then I can give mine.
If Will were in “trouble” with InterNACHI as you state, then InterNACHI isn’t an organization worth being a member of.
For a newly converted liberal, you sure do hold a “holier than thou” attitude.
dbowers
(Dan Bowers, CMI, EDI)
November 7, 2009, 2:53am
30
No $$$$$ - No Contract - Void - If Void, I will sell my services to ANYONE with the $$$$$.
I’m down with Will
bkelly2
(Brian Kelly, AZ Cert. # 60234)
November 7, 2009, 2:54am
31
IMO(rarely humble) there may be a grey area, but no ticky no washy.
No contract, no payment, no report, no problem.
fmagdefrau
(Frank Magdefrau)
November 7, 2009, 3:32am
32
wdecker:
There was no report. The builder never paid me and no report was issued.
Besides, it was not a (as defined by the state and the NACHI COE) a “Home inspection”. There was no pending RE contract in effect and the builder was asking for me to evaluate the reasons for the water intrusion.
This was a consultation, not a home inspection.
Hope this helps;
Let me get this straight - You did a mold test without a written signed contract? The person you did this for was your friend as stated in your blog??
Will you should never mix business with personal agendas.
jbushart
(James H. Bushart)
November 7, 2009, 3:33am
33
Me, too.
But what I would NOT do is to write a report for the inspection I did for Client A and provide it to anyone else without Client A’s permission.
If the President of the Condo Assoc wanted me to do an inspection for him and paid me for a report, he would get his inspection and report, as well. He would not get a report of an inspection I did for Client A.
fmagdefrau
(Frank Magdefrau)
November 7, 2009, 3:35am
34
Are you really that far behind?:shock:
fmagdefrau
(Frank Magdefrau)
November 7, 2009, 3:41am
35
mnahrgang:
Well if you can give your opinion, then I can give mine.
If Will were in “trouble” with InterNACHI as you state, then InterNACHI isn’t an organization worth being a member of.
For a newly converted liberal, you sure do hold a “holier than thou” attitude.
Although this is very funny but James never said Will was in trouble with INACHI but if a ethics complaint was filed he could be.
James just does not understand there was no contract or payment so Will just has to say I don’t know what you are talking about. But of course this thread could be Wills worst nightmare if anything was ever to come of this.
wdecker
(William Decker, CMI, IL. Lic. 450.002240)
November 7, 2009, 3:54am
36
Bob, one last time.
In Illinois, a home inspection is defined as:
Inspection of a residential property;
for a fee (i.e., you get paid)
As part of a Real Estate transaction (a valid contract of sale in effect at the time of the inspection).
Clear?
Anything else is NOT a legally defined home inspection, at least in Illinois.
wdecker
(William Decker, CMI, IL. Lic. 450.002240)
November 7, 2009, 3:56am
37
jbushart:
Grossly incorrect.
This is only your opinion, and not proven by any valid authority.
Sorry, Jim, but thems the facts.
mnahrgang
(Mark Nahrgang, C.R.I.)
November 7, 2009, 3:58am
38
wdecker:
This is only your opinion, and not proven by any valid authority.
Sorry, Jim, but thems the facts.
Jim has a hard time separating his opinion from facts. He seems to think that he has the final say on ethics in this world.
“unethical” as defined by Jim Bushart: “Those things that other inspectors may do that I don’t.”
belliott
(Bob Elliott, 450.0002662)
November 7, 2009, 3:59am
39
wdecker:
Bob, one last time.
In Illinois, a home inspection is defined as:
Inspection of a residential property;
for a fee (i.e., you get paid)
As part of a Real Estate transaction (a valid contract of sale in effect at the time of the inspection).
Clear?
Anything else is NOT a legally defined home inspection, at least in Illinois.
Ok
Thanks Will
So basically you have the right to give the report to anyone.
Also even if not ,you could redo the Inspection based on what you know as a good insentive for the Association to hire you.
Gottya.
wdecker
(William Decker, CMI, IL. Lic. 450.002240)
November 7, 2009, 4:03am
40
jbushart:
NACHI’s COE is not superseded by anyone’s state law. Sorry, Will.
Just your opinion, and not validated by any AHJ.
Don’t forget, you are no longer part of the “ethics committee” or entitled to have an enforcable opinion.
In my opinion, your story is just you blowing off steam over not being paid.
Yeah, I was blowing off steam. But, that does not invalidate my arguement.
If you, indeed, follow through and provide the information that you initially gathered for your client to someone else without your client’s consent, and he follows a complaint with NACHI, you could be in trouble.
As previously stated (PLEASE, READ what I have previously posted), I have not and will not “disclose” the information from my inspection to any new clients. I have, however, contacted the Association Pres. and will do an ENTRELY DIFFERENT inspection for them, INDEPENDENTLY of an previous inspection with FULL DISCLOSURE of this inspection (i.e., I will disclose that the builder didn’t pay me, totally disreguarded my opinion and didn’t pay me for my work).
Look up the definition of contract.