Link to new Kansas HB 2315 with changes.
I am disappointed.
Link to new Kansas HB 2315 with changes.
I am disappointed.
The deletion of the “board” should be enough to get ASHI to join the fight against the bill, you think?
I think they went backward. The board was eliminated. And the provision that states “inspector shall be prohibited to perform or offer to perform for an additional fee any repairs, remodeling, …” was taken out. That goes against any national home inspection agency ethics. I believe the only hope we have now is that the secretary of state complains, and will not want to handle the bill, and it gets killed by senate vote.
Find out who was behind having this stricken. Something smells.
If the bill is about **“consumer protection” **the removal of the repair clause makes that a lie.
Hey - Lets get real here. The whole Bill is/was a lie from day 1. This is not consumer protection, its about realtors shifting liability off themselves.
Kansas does not have madatory state disclosure; does not have madatory mandatory building codes in over 87 counties; does not have mandatory code inspections; does not have mandatory testing / licensure of tradesmen, home builders, or contractors; Kansas State Laws exempt 1 & 2 family houses from the engineering and architectural laws AND we have letters from the state Board of Engineering stating they have no jurisdiction over an engineer or architect performing a home inspection; NONE of those groups have mandatory E&O insurance OR other fiscal responsibility required to get a license; the Kansas small claims court can award a consumer up to $4,000 without having to use an attorney; NONE of the other groups mentioned INCLUDING realtors, etc are PROHIBITED from using limit of liabilty clauses.
Like I said - its about shifting liability and control by realtors and control of the industry by 1 group of HI’s.
This is getting wackier by the day. They removed the no repair language, removed the board set up and giving control to the Secretary of State:shock: Now how many Under Secretaries, Assistants, Aides and regular secretaries do you think its going to take to staff this clusterflock? Poor KAREI group, thought they had the board all sewn up, tasting the power and making a target list. The “Bird in the hand, that was worth two in the bush”, just flew over the CUKOO’S NEST with this one.
Question to Ethic’s Committee, If I offer a non-standard, non-NACHI SOP pre-list inspection for 49 bucks, offer construction and repairs services for higher profitable fees, am able to work the plan and charge for extra’s that come up for more dollars and profit will I be hearing from you? Actually, I believe that since Kansas is 90% rural and small town, that was changed to aid the part time inspector that is also a contractor. And, since 90% of the area is absolutely under no licensing restraint or code enforcement it keeps them around. Even better it takes pressure off of the State to mandate to the county and local govs into code enforcement.
There is absolutely NO CONSUMER PROTECTION in this current draft, other than for the TRIAL attorney’s, the ambulance chaser’s job just got easier. :roll: Somebody pass the prosac bottle please arrrrgh
Now, it goes to the ways and means committe. What a merry go round this is. What’s next?
Now, it goes to the ways and means committee. What a merry go round this is. **What’s next?/**quote]
I think you guys have a circle jerk going on and the jerks are looking for a pivot man. Paul described it best cluster F
I have always been a proponent of licensed professional no big secret on my part. I read your link to the proposed bill as I am only 28 miles from KA and have done a few inspections in your State. As written that bill surely is the worst piece of garbage of any bill out there. All I can say is I am glad I live in Ok.
Push has come to shove. Kirk Stalcup, from Kirk Stalcup Real Estate Investment Group, Inc is using this letter as a mass email campaign to all listed on the KAR rent roll. I hope the paper that people are using to print this out on, is nice, soft and two-ply because thats about all it is worth. Typical gray area speak being spoken.
A little sidebar to the main page of his letter, he decided to add this little tid-bit
He seems to have left out the part about, homebuilders/contractors and all of the sub-contractors ARE NOT regulated by the State of Kansas and can erect the biggest pile of dung, call it a home and put a for sale sign out on the front of the property. Nor, does he indicate that 87 of the counties in the State and/or cities within those counties have an enforceable building code and inspection system inplace or even care.
Like I said earlier, if you print this out use soft paper for your pleasure and enjoyment. Hey, I think they found the pivot man for the circle jerk
I sent this to Kirk and his pal with KAR:
That is brilliant. I never thought of that. Every report is going to look like it was written by the buyer’s Dad. What agent wants that?
“Deal Killer Kirk”
All of us thank you for your kind hearted letter to Kirk. Perhaps a list of e-mails to all of the Ways and Means committe members would be great so we can send them our opinions, or should I say, realizations. Realtors, consumers, lawmakers will not realize that inspections will go from several pages to hundreds,and will/can take days to deliver back to the buyer. Have the buyers and realtors analize the report then. 10 days will not be long enough to negotiate a deal. Perhaps, that is what the attorneys want. Law makers have no idea what they are getting into. Any way you say it, the consumer/buyer loses. It is hard for me to get law makers to understand that we work for the buyer, and no one else. Why are there so many other special interest groups that want this bill? Where are the consumer voices? Wake up Kansas, get real!!!
And what many don’t know is that a tough report doesn’t kill deals… a tougher report than expected does. I was an ABR for years. A buyer only puts in an offer after he/she has toured the house a couple times and forms an expectation of what the inspection report will say. The inspection report either confirms what the buyer thinks about the home, comes in better, or comes in worse. The latter of course is what is responsible for killing deals. Now, if a potential buyer puts an offer on a handyman special, he/she expects the report to come back as sort of a C-. When it comes back a D-, there is a problem. Same as when an A+ comes back a B+. What this law will do is cause report tone deflation. It will cause A’s to be B’s and B’s to be C’s and so on. All agents prefer the reverse… or synchronization between report and buyer expectation at very least. This law will waste more agent time (lower the average dollar they earn per hour worked) than anything they could ever imagine.
“Folks you have a water stain on the wall. I tested it with a moisture meter and its dry on the surface, however there could be hidden damage or deadly mold lurking inside the wall cavity. Therefore because of the new Kansas POS Bill-2315 that would dump up to $10,000 of liability on my head per each inspection, I feel that the wall cavity should be opened prior to the end of your inspection contingency period to search for any unseen damages AND we recommend a mold test be undertaken immediately before I leave the property”.
“Folks there is a 3” long and 1/32" inch wide crack in the drywall over the door header of the rear deck door. This could be a sign of potential soil instability AND we recommend having a licensed geo-technical engineer … prior to the end of the inspection contingency".
“I’m sorry folks due to HB-2315, we no longer turn on the range, disposal or dishwasher. They are not in our SOP and we take NO CHANCES on taking extra liability. If that concerns you, maybe your realtor will check them”.
Oh yeah, I can feel it coming on.
It’s early and I’ve had only one cup of coffee…but…would someone please copy and paste that provision of the bill that makes this registration mandatory for all home inspectors in Kansas, please? I cannot find it.
Sec. 10. ***9. ***On and after July 1, 2008 2009, all individuals performing
home inspections as defined under this act in the state of Kansas shall be
required to file a written registration with the board secretary. All reg-
(a) Be at least 18 years of age;
(b) have successfully completed high school or its equivalent***, unless
such individual is engaged in the practice of performing home in-
spections on the effective date of this act***;
© submit proof of current general liability insurance coverage in an
amount of $250,000 or more;
(d) submit proof of a fidelity bond to cover dishonesty in an amount
not less than $10,000 providing that the fidelity bond may not be termi-
nated without 30 days prior written notice to the board secretary;
(e) submit proof of financial responsibility by one of the following:
(1) A policy of errors and omissions insurance coverage;
(2) a surety bond in an amount not less than $10,000, providing that
the surety bond may not be terminated without 30 days prior written
notice to the board secretary;
(3) an irrevocable letter of credit not less than $10,000 issued by a
bank which is insured by the federal deposit insurance corporation or its
successor if such letter of credit is initially issued for a term of at least
one year and by its terms is automatically renewed at each expiration date
for at least an additional one-year term unless at least 30 days prior written
notice of intention not to renew is provided to the board secretary; or
(4) the maintenance of a minimum balance of $10,000 in an escrow
account in a Kansas financial institution as defined in K.S.A. 16-117, and
amendments thereto, provided that the escrow account shall maintain the
minimum balance through the term of the registrant’s registration as a
home inspector. The board ***secretary ***shall be notified in writing by the
financial institution within 10 days if the amount in the escrow account
falls below the $10,000 minimum balance. Upon notification, the board
***secretary ***shall suspend such registrant’s registration as a home inspector
until the escrow account minimum balance is restored to greater than or
equal to $10,000;
(f) **submit proof of membership in good standing in one or
more nationally recognized society, association or organization
that provides for membership of individuals engaged in home in-
spections as recognized by the board secretary; and
(g) **have successfully completed and passed a written or electronic
exam as approved by the board ***secretary ***and proctored by a testing
organization approved by the board secretary;
**(h) **annually obtained a minimum of 16 hours of continuing ed-
ucation by completing courses approved by the board secretary; and
**(i) **have satisfied one of the following requirements:
(1) Have successfully completed and passed a course of study con-
taining at least 80 hours of classroom and field training offered by an
educational provider approved by the board secretary; or
(2) have been actively engaged in the practice of conducting home
inspections for not fewer than three years prior to the effective date of
this act and have completed not less than 300 fee-paid home inspections.
If memory serves me correctly - the requirement for $250,000 general liability ins was removed.
And if he doesn’t?
Is it a misdemeanor with a $25 fine, or what?
Here’s something else that seems to have been missed and no doubtly has been written by trial attorney’s. Now really think about this, …only by a party to the real estate transaction. Would that not also included the Seller and the Seller’s agent???
I have to front 10K and its sitting in a pool just waiting to be plucked. Along comes a disgruntled seller and/or agent wanting a little revenge because of a lost sale, guess what under this provision we’ll be dealing with frivilous law suits from the sellers side. Oh happy joy joy