Compliance with Rule #7, COE

[jkeilson (James Keilson, CMI, Certified Master Inspector)]

@gromicko

Jim K: InterNACHI’s COE does not dictate how that task should be accomplished.

OK fine, But when it is Not being done then where does NACHIs COE come into play?

Jim

[jbushart (James H. Bushart)]

@gromicko

Jim, I never said that. I said what I said.

I missed the spin on Thornberry’s words.

Again … he is saying that HE is compliant, which has nothing at all to do with this thread. You are saying that there is more that an INSPECTOR must do to be compliant than simply provide the required language in his inspection agreement.

I forgot I was reading a thornberryism, there.

[jkeilson (James Keilson, CMI, Certified Master Inspector)]

[quote=“nthornberry, post:17, topic:79796”]

We’re the only program of its kind that is compliant with #7.

QUOTE]

Then explain in detail or show an example of how your clients (inspetors) are complying with 7a

Thanks

[gromicko (Nick Gromicko, CMI)]

I’m quite positive that Nathan supports the concept that members who are releasing their client’s information should explain to their clients what info they are releasing, to whom they are releasing it to, and why.

Are there any more questions for me?

[jbushart (James H. Bushart)]

@gromicko

I’m quite positive that Nathan supports the concept that members who are releasing their client’s information should explain to their clients what info they are releasing, to whom they are releasing it to, and why.

Are there any more questions for me?

Nope.

[gromicko (Nick Gromicko, CMI)]

OK. I’ll finish by asking members to read through InterNACHI’s Code of Ethics. I’m sure you will all agree that there is nothing burdensome in there and it very likely reflects everyone’s thinking on how consumers should be treated.

[jbushart (James H. Bushart)]

@gromicko

I don’t know anything about that Jim. Maybe ask the vendor to comment. I am here to explain our COE as many times and as many ways as it takes.

I will say that there is no third-party contract that a member (who is releasing client info) can enter into that alleviates that member from the duty of explaining to his/her client what information about the client is being released, where it is going, and why.

One more question, Nick.

In this post … you use the phrase “where it is going and why”.

Is this to say that someone providing client data to a contractor’s rep who, in turn, will be supplying that information to a “fourth party” would have to reveal the identity of the fourth party, as well, and the purpose for providing it to the fourth party?

[jkeilson (James Keilson, CMI, Certified Master Inspector)]

@gromicko

I’m quite positive that Nathan supports the concept that members who are releasing their client’s information should explain to their clients what info they are releasing, to whom they are releasing it to, and why.

Are there any more questions for me?

Impossible as the inspectors do not know where their clients information will end up and in who’s hands and for what. That is impossible when the first third party vendor then sends that client data out again to more unknown to the inspectors third parties.

Jim

[gromicko (Nick Gromicko, CMI)]

One more question, Nick.

In this post … you use the phrase “where it is going and why”.

Is this to say that someone providing client data to a contractor’s rep who, in turn, will be supplying that information to a “fourth party” would have to reveal the identity of the fourth party, as well, and the purpose for providing it to the fourth party?

If you know your client’s information is going someplace, yes you have to tell your client where it is going regardless of how it gets there. If you discover that your client’s information is going somewhere else, you should from then on explain that to your clients or stop releasing your client’s information (either of the 2 routes keeps you in compliance with 7.a.).

[jbushart (James H. Bushart)]

@gromicko

If you know your client’s information is going someplace, yes you have to tell your client where it is going regardless of how it gets there. If you discover that your client’s information is going somewhere else, you should from then on explain that to your clients or stop releasing your client’s information (either of the 2 routes keeps you in compliance with 7.a.).

Thanks.

[gromicko (Nick Gromicko, CMI)]

Any other questions for me?

[jkeilson (James Keilson, CMI, Certified Master Inspector)]

@gromicko

If you know your client’s information is going someplace, yes you have to tell your client where it is going regardless of how it gets there. If you discover that your client’s information is going somewhere else, you should from then on explain that to your clients or stop releasing your client’s information (either of the 2 routes keeps you in compliance with 7.a.).

Bingo, thanks…see post 27 above.

Jim

[rhensel (Russell Hensel)]

Since we dont have absolute proof, according to Jim K…thn he can’t take credit cards, use newsletters or use the Internet…because he cannot verify 100% that this information is 100% secured.

Man that would really hurt a business…

[gromicko (Nick Gromicko, CMI)]

Are there any other questions for me Jim?

[jbushart (James H. Bushart)]

@gromicko

Are there any other questions for me Jim?

No. I think you stated things very clearly on this topic. Thanks.

[jkeilson (James Keilson, CMI, Certified Master Inspector)]

@rhensel

Since we dont have absolute proof, according to Jim K…thn he can’t take credit cards, use newsletters or use the Internet…because he cannot verify 100% that this information is 100% secured.

Man that would really hurt a business…

Inspectors don’t Sell client information to those companies, but nice try Russ. The difference is in the Compensation/consideration one gets for the release of their client information.

Jim

[gromicko (Nick Gromicko, CMI)]

InterNACHI is very pleased with the cooperation it has received from every inspection industry vendor in helping us assure that all our clients are being treated well.

[jbushart (James H. Bushart)]

@gromicko

InterNACHI is very pleased with the cooperation it has received from every inspection industry vendor in helping us assure that all our clients are being treated well.

As you have stated … when an inspector has made contractual arrangements with a vendor that conflict with the code of ethics, the inspector’s first duty is to the code of ethics.

Rule #7 explains how disclosure is to be accomplished when an inspector provides client information to a third party.

The example that was provided of language added to a contract was not sufficient in meeting the requirements of Rule #7, by itself.

Additionally, when an inspector knows that the information will be passed on by the third party to an additional party … such as a telemarketing firm … the same information about the fourth party (as required in Rule #7) must be provided to the client, as well.

I think that is an accurate summary of what we discussed.

[sstanczyk (Stephen Stanczyk, WA License #221)]

@jbushart

Home Inspectors who contract with him are not allowed to do this.

The very next clause in the contract that requires the telemarketing waiver that is often referred to by the contractor’s rep as a “disclosure” says the following:

9. Confidentiality. All information provided to RWS pursuant to this Agreement or Exhibit A hereto and the existence of this Agreement or any Alarm Inspection, Incentive or Program is confidential. Inspector will not divulge any such information to any third party except as required by law or as authorized by RWS in a prior written agreement. All such information shall be exclusive property of RWS.

Presumably, if the inspector revealed to the client that he was providing this information to “RWS” instead of the generic “TPSP”, he would be in violation of his contract with the contractor’s rep.

Since the “purpose” would also include his participation in the alarm leads program, that too would have to be concealed.

So glad that the State of Washington does not allow this in their COE.

2. Provide full written disclosure of any business or familial relationships or other conflicts of interest between themselves and any other party to the transaction. The parties may include, but are not limited to, buyers, sellers, appraisers, real estate licensees, mortgage representatives, title companies, vendors and service contractors.

[rhensel (Russell Hensel)]

@jkeilson

Impossible as the inspectors do not know where their clients information will end up and in who’s hands and for what. That is impossible when the first third party vendor then sends that client data out again to more unknown to the inspectors third parties.

Jim

This is what you said…when you give your information to a credit card company…please tell me every exact step the credit card takes with that information to get th emoney into your account.

Please be specific…