California Bill AB293

Originally Posted By: rray
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bsumpter wrote:
AB293:

Quote:
(3)To offer or deliver any compensation, inducement, or reward to
the owner of the inspected property, the broker, or agent, for the
referral of any business to the inspector or the inspection company.


I believe it's talking about the owner of the property while it is for sale, like offering something to the owner for referring a prospective Client to you. One that Client is your Client, and you have done the inspection for him, he has closed escrow, and moved in, at that point, there is nothing for sale anymore.

It could be a gray area, but that is a gray area that I would be definitely be willing to test. Marketing to one's Clients is part and parcel of the whole basis of free enterprise, I think.


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Home inspections. . . .
One home at a time.

Originally Posted By: rray
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I think it’s kind of like our Supreme Court justices.


There is Clarence Thomas who wants to ignore the fact that the world has evolved in 230 years (cars, planes, cell phones, nuclear bombs, etc.) and read the Constitution literally, word by word.

Then there are the other justices who try to determine what the Constitution (or the Constitution's authors) would try to say [the intent] about cars, planes, cell phones, nuclear bombs, etc.).

Here, I think you are reading the words literally while I am trying to determine the intent of the author.

I don't think its the intent of the author/sponsors to prevent home inspectors from marketing to past Clients, regardless of which, or how many, properties they own.


--
Home inspections. . . .
One home at a time.

Originally Posted By: rray
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Amended on 6/6/05:


http://www.leginfo.ca.gov/pub/bill/asm/ab_0251-0300/ab_293_bill_20050606_amended_sen.html


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Home inspections. . . .
One home at a time.

Originally Posted By: bsumpter
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well…well…well… While not in complete parity with franchise operations, it is a bit better than it was… icon_rolleyes.gif



“In the fields of observation, chance favors only the mind that is prepared”


Louis Pasteur

Originally Posted By: rray
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Quote:

LAST HIST. ACT. DATE: 06/09/2005
LAST HIST. ACTION : In committee: Set, first hearing. Hearing canceled at the request of author.


Hmmmmmmmmmmmmm. Is AB 293 running into a little trouble?


--
Home inspections. . . .
One home at a time.

Originally Posted By: bsumpter
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Well, I know that CREIA is fighting it hard…perhaps you are right!



“In the fields of observation, chance favors only the mind that is prepared”


Louis Pasteur

Originally Posted By: rray
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The latest as of action taken on 062005:


http://www.leginfo.ca.gov/pub/bill/asm/ab_0251-0300/ab_293_bill_20050620_amended_sen.html


--
Home inspections. . . .
One home at a time.

Originally Posted By: pdoesburg
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So, are you for or against it?


So far as “enticements”, they are illegal. Period. Regardless of what you are, you may not offer an enticement to a realtor during the course of business, you may not offer an enticement to a homeowner because it will bias your opinion, you should not offer an incentive to your clients as a means for their income or recouping their fee, it will get you in to trouble. If you are good, ask for a referral. I still do not hink $50 will make a difference on a $600000 purchase, the realtor gets a commision check thats 1800 times that amount, the homeowner is spending 12000 times that amount. Offer a free meal at In n Out for two, but no cash back.


Originally Posted By: rray
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I’m with most home inspectors in California, who appear to be against this specific bill.


Many of us still want licensing and regulation, just not of this ilk.


--
Home inspections. . . .
One home at a time.

Originally Posted By: bsumpter
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I am against this bill. Have been from the beginning.



“In the fields of observation, chance favors only the mind that is prepared”


Louis Pasteur

Originally Posted By: rray
This post was automatically imported from our archived forum.



pdoesburg wrote:
So far as "enticements", they are illegal. Period.
. . .
Offer a free meal at In n Out for two. . . .

Hmmmm, Peter. Is not a free meal an "enticement"? I'm confused. ![icon_confused.gif](upload://qv5zppiN69qCk2Y6JzaFYhrff8S.gif)

By the way, how have you been? Busy, I hope.


--
Home inspections. . . .
One home at a time.

Originally Posted By: jbushart
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rray wrote:
Is not a free meal an "enticement"? I'm confused. ![icon_confused.gif](upload://qv5zppiN69qCk2Y6JzaFYhrff8S.gif)



Not if my daughter is preparing it.


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: pdoesburg
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I am great RR. I hope you are fairing well as well…


Definitively, you are right, giving anything t get something would be, but if you are giving away something that you can get a coupon in the local paper for, or soemthing equivalent, then it will not viewed in the same light as “cash for service”. But right is right, an enticement is an enticement, even if jbushart’s daughter makes it.


I am for 293 btw, lesser of two evils. Disclose versus CSLB governance… I’ll disclose.


Originally Posted By: rray
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pdoesburg wrote:
CSLB governance

![icon_question.gif](upload://t2zemjDOQRADd4xSC3xOot86t0m.gif)


--
Home inspections. . . .
One home at a time.

Originally Posted By: jbushart
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Any news on this bill?



Home Inspection Services of Missouri


www.missourihomeinspection.com


"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: rray
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It’s in committee.


I believe it has a hearing on July 21.


--
Home inspections. . . .
One home at a time.

Originally Posted By: jbushart
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rray wrote:
It's in committee.

I believe it has a hearing on July 21.


Thanks, Russel. Do you have a link that you can share so that I can follow this?


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: rray
This post was automatically imported from our archived forum.



http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_293&sess=CUR&house=B&author=maze


And my margarita dyslexia got the better of me. Committee hearing date is 7/12 (tomorrow) rather than 7/21.


--
Home inspections. . . .
One home at a time.

Originally Posted By: jbushart
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California is slow in updating their database. Nothing posted, yet, on what happened to the bill in your Judicial Committee today. What’s the scuttlebutt on this? Is it supposed to pass?



Home Inspection Services of Missouri


www.missourihomeinspection.com


"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: rray
This post was automatically imported from our archived forum.



It sometimes takes a few days for the recordings to be translated and published.


No one really knows if it is supposed to pass or not, but a lot of people sure are against it. But that doesn't mean anything with legislators.


--
Home inspections. . . .
One home at a time.