Consumer Recovery/Legal Defense Funds

Originally Posted By: jflanary
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A few questions:


Outside of NACHI membership, are there other requirements of members to utilize the services of the Consumer Recovery and Legal Defense Funds?

What is the best avenue and when should we inform our customers/clients, that as a NACHI member, there is such recourse in the event of a failure? Should we advertise this?

Does the Alternate Dispute Resolution Service resolve disputes by paying out of the Consumer Recovery Fund?

As a NACHI member, on what basis would I be able to take advantage of the Legal Defense Funds and to what extent or amount?

Finally, how are the services funded? ![icon_question.gif](upload://t2zemjDOQRADd4xSC3xOot86t0m.gif)


Originally Posted By: Nick Gromicko
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I don’t know but I’ll alert the members that do to this thread. NACHI’s CRF is a separate corporation based in Canada. NACHI’s ADRS is a separate operation out of New York. I’m not involved with either.



Nick Gromicko


Founder


dues=79cents/day.


I much prefer email to private messages.

Originally Posted By: jfarsetta
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NACHI ADRS is set up to utilize mediation and arbitration to settle Home Inspection-related disputes exclusively. At the present time, ADRS and CRF are conducting talks to see if CRF members may benefit from utilizing ADRS as the venue for settling disputes.


I cannot speak for CRF. My suggestion is to contact Wayne Fulton, CRF's executive director.

If ADRS is mediating or arbitrating for a CRF member, then presumably, the settlement would 1) be limited, and 2) come out of the CRF coffers. This scenario is a bit premature, as CRF has yet to truly launch. It is a huge undertaking, and CRF folks are working as hard as then can on this important initiative. NACHI E&O is also about to roll out. They too, may require/request ADRS help them out.

As neither were ready for early launch, ADRS went live as a means to help NACHI inspectors right away.

If you wish to use the services of ADRS today, or want to learn more about it, visit www.nachiadrs.com

You can register and pay online. It's only $90 per year. Good service. Great price.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: jhagarty
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Who does ADRS employ as Mediators and/or Arbitrators?



Joseph Hagarty


HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

Originally Posted By: jfarsetta
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Quote:
Jim Bushart is a Home Inspector in High Hill, Missouri and owns/operates "Home Inspection Services of Missouri".

Jim served in the United States Air Force from 1972 through 1986. He spent the majority of his service with the JAG office as the Non-Commissioned Officer in Charge of Civil and International Law for the Aerospace Defense Command. In this capacity, along with assisting in the preparation of trials against military offenders (court martials), Jim has also prepared many civil cases, filed for and against the Air Force in the U.S. and overseas.

After leaving the Air Force, Jim served in a number of business capacities, including having specific experience in preparing civil complaints for arbitrative action, and successfully settling most through mediation, prior to any actual arbitration hearing.


ADRS is quite pleased to have a person with Jim's background and experience as a part of our team.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: gbell
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icon_cool.gif icon_cool.gif



Greg Bell


Bell Inspection Service

Originally Posted By: jfarsetta
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Why do you say that, Greg?


Jim is but one of many.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: Nick Gromicko
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The work being done by NACHI’s sister operations like this NACHI ADRS, InterNACHI, NACHI CRF, IQ, REAL Property Times, NACHI Convention, NACHIrelo, NACHI Foundation, etc, as well as the many individually run local NACHI Chapters, continually amazes me. Wow.



Nick Gromicko


Founder


dues=79cents/day.


I much prefer email to private messages.

Originally Posted By: jflanary
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Is the Legal Defense Fund still on the drawing board or is it an accessible service and to what extent will it assist NACHI members?


Thanks


Originally Posted By: jfarsetta
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I cannot speak for LDF. I would imagine that there are any number of challenges which are present, especially in light of the number of attorneys which would be required in the US alone.


Wayne Fulton, Executive Director of CRF/LDF is the person to speak to.

At the present time, NACHI ADRS is working closely with CRF in the area of complaint review and mediation/arbitration services.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

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



jfarsetta wrote:
I cannot speak for CRF. My suggestion is to contact Wayne Fulton, CRF's executive director.


I agree. Wayne, you have been very silent and have not address any question on the BB regarding the CRF. Joe has made numerous posts regarding the ADRS in an attempt to increase awareness and answer members question. ![eusa_clap.gif](upload://vwXJP6EroRUgatgS660IOyuD5XK.gif) Great job Joe. Wayne has made a total of 6 post and none of them have anything to do with the CRF.

sbyrnes wrote:
Who do you contact for information and suggestions for the Consumer Recovery Fund?


rray wrote:
What Consumer Recovery Fund?


Wayne did you respond to either of these two?
From the About Wayne Fulton page
Quote:
loves to work and help people

As far as the CRF is concerned, I haven't seen it.

Personally I think that Nick was in a hurry to get the CRF off the ground and did not give enough thought as to who will run it.

Wayne, what have you done regarding the CRF? I realize that there are "behind the scenes" things that need to get done and maybe you have been working on them but the members deserves to hear from ED of the CRF. Its part of being an ED

Please don't take this as a personal attack. I'm sure you are a great guy. But as far as leading the CRF is concerned, I think you need to say something...anything... or turnover your position to someone else.


--
.


Paul Hinsperger
Hinsperger Inspection Services
Chairman - NACHI Awards Committee
Place your Award Nominations
here !

Originally Posted By: jfarsetta
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Paul,


Thanks for the compliment. You're right in that I am trying to build an awareness with regard to NACHI ADRS, its function, and the benefits it brings to the NACHI inspector. On to CRF...

I'm not here to defend Wayne or the CRF. I do know that launching any enterprise which is as ambitious as what CRF is intending to do, has to be intense. Not only in the area of team building, but with regard to time management, logistics, legalities, etcetera.

I also know that many areas within CRF are still being formulated as to how and why they will work. Again, I dont have all the details. I am working on specific products and in specific areas within CRF, in an attempt to make the venture as successful as possible, and as beneficial as possible for all NACHI members.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

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



jfarsetta wrote:
.... I do know that launching any enterprise which is as ambitious as what CRF is intending to do, has to be intense. Not only in the area of team building, but with regard to time management, logistics, legalities, etcetera.

I would imagine you are right Joe. For someone to take on this task as a volunteer is surely commendable.

I just think that there should be some word from Wayne so that the membership is not in the dark with regards to progress and questions concerning the CRF.


--
.


Paul Hinsperger
Hinsperger Inspection Services
Chairman - NACHI Awards Committee
Place your Award Nominations
here !

Originally Posted By: gbell
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He just recently updated the members that are working on this project. I will leave it up to him to give the membership an update. I would suggest that you e-mail him with your request.



Greg Bell


Bell Inspection Service

Originally Posted By: wfulton
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I received notification of this post from the CRF’s web designer - Thanks Colleen.


This is the only post I will make until the CRF is finalized and offered to the membership.

There will be no announcement until all the t's are crossed and all the i's are dotted.

Is the CRF close? YES

I would like to Thank Joe Farsetta for his kind remarks and incredible cooperation.

I have a fantastic group of volunteers who have logged countless hours into this project to make it a reality.

Every email to date, requesting information on the CRF & LDF has been answered in a timely fashion.

Regards

Wayne Fulton
Executive Director
Consumer Recovery Fund

wfulton@fultonhomeinspections.com

613-354-9547


Originally Posted By: Nick Gromicko
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Wayne, while you are crossing T’s and dotting I’s… Coleen spells her first name with one “L.” http://www.nachi.org/cpmwebsolutions.htm


I always got your back Wayne ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)


--
Nick Gromicko
Founder
dues=79cents/day.

I much prefer email to private messages.

Originally Posted By: dnice
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gromicko wrote:
Wayne, while you are crossing T's and dotting I's... Coleen spells her first name with one "L." http://www.nachi.org/cpmwebsolutions.htm

I always got your back Wayne ![icon_wink.gif](upload://ssT9V5t45yjlgXqiFRXL04eXtqw.gif)


That page makes reference to NACHI templates but the link on that page does not allow access to that port for security reasons.

I sure wish I could take advantage of the CRF but unfortunately the State of Wisconsin does not allow inspectors to place limit on their liability in the contract. I think this is the Sue-Me State.

David Nice


Originally Posted By: loconnor
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Please correct my thinking here. I know very little of legal matters. But if Jim Bushart is a mediator for the ADRS or whatever it is; and a member HI of NACHI, would there not be a conflict of interest here?


Can some one explain the mechanics for me?


--
Larry
Western Michigan NACHI Chapter
http://www.w-michigan-nachi.org

"We confide in our strength
without boasting of it.
We respect that of others
without fearing it"
Thomas Jefferson

Originally Posted By: ekartal
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I have been under the impression that home inspection mediators qualify for the position by having an extensive home inspection background. This supercedes any and all work/life experience. Legal background has nothing to do with it. Most arbitrators I know have performed thousands of inspections. Hey Dan Bowers you out there?


Erol Kartal


Originally Posted By: loconnor
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The fact that ADRS is part of NACHI is what I was concerned with and why I asked the question… You’re correct Erol. A mediators background as a home inspector would be more relavent then any other background.



Larry


Western Michigan NACHI Chapter


http://www.w-michigan-nachi.org


"We confide in our strength
without boasting of it.
We respect that of others
without fearing it"
Thomas Jefferson