Good luck proving that hyperbole.
He has no chance of proving it was mere hyperbole. Even his own members are pointing to his article in trying to defend their own libel.
I missed something in his article. I didn’t see us mentioned, just general comments ???
Are you trying to bankrupt them?
Must be costing them a fortune in legal fees with all the lawsuits going on.
Any update on the lawsuit against Nathan?
They are doing it to themselves. Don’t start no s#!t, won’t be no s#!t.
You missed it too? I don’t see anything in the article that even hints that InterNACHI exists.
I can see a counter-claim for a frivolous lawsuit in the future. :roll:
Good Point !!
Then this Lesh guy should have no problem revealing what “organization” he was referring to when we depose him under oath. They are his words: “especially when the same organization issues a myriad of 'certifications”
What organization is he referring to? That’s the first question we’ll ask him in the deposition.
That could get expensive for us. I think you can easily find a bunch of home inspection ads on the internet offering buy the course get certified, etc. which they could readily throw out as an example of who or what they were referring to. Heck in Kansas they still got Jeff Barnes old group down in Wichita (KAREI - Kansas Association of Real Estate Inspectors) that leads consumers to believe they’re a valid group so use one of theirs, etc.
Just Saying …
Sounds like an interesting defense for him: “Your honor, I wasn’t referring to the only other national organization that offers 45 certifications when I said… especially when the same organization issues a myriad of certifications. I was obviously talking about some group in Wichita. Anyone reading it would know that your honor.”
I don’t endorse or support this kind of thing. IMO his comment cost me nothing.
I have zero desire to be an ASHI member, but I also have zero desire for there to be a monopoly on national/international inspector associations, which in my opinion is the goal of these lawsuits. Some competition (productive competition, not lawsuit competition) is good for the industry.
I recall some guy who likes to recite some old biblical phrase that goes something like “As iron sharpens iron…” I think the same basic truth applies to inspector associations.
I had a skeptical husband (the wife hired me) quiz me on being “InterNACHI Certified” and he said that he had read that “anybody could just buy” their InterNACHI certifications. I set him straight about the study, courses, ongoing education, etc. and proceeded to WOW him with my report. I did a radon test, mold test, and standard full inspection and when I picked up my Radon equipment I spent an hour going over the report with him (he was buying a deceased neighbor’s house and remodeling it himself). He was an engineer (very detail oriented). He shook my hand and told me I was worth every penny and more and is one of my Five Star reviewers.
I think there is enough evidence for a defamation suit. If the husband didn’t task his wife with hiring me, I likely would have no got the job based solely on false information. But only a court can decide. That kind of misrepresentation does hurt.
You are a talented inspector who has been in business for a long time and I’m sure has developed a stellar reputation, in a regulated state, and it may not affect you. I’m a talented inspector about 3 years into inspecting who is still developing my reputation in an unregulated state with fierce competition - everything matters.
If they have not been deleted, your message board archives from 2004 and 2005 recorded many discussions on this topic.
In the world of marketing … particularly NACHI marketing … words don’t mean a whole lot. It is the perception of certain words … such as the word “certified” … and all that it invokes that governs its use.
While Merriam-Webster says that word “certify” means “to attest authoritatively” or “to confirm”, we know from the disclaimer that appears on the landing page for homebuyers considering to hire an inspector from the database of NACHI members, NACHI does neither of these.
Instead, NACHI makes it a point to warn users of its “Inspectorseek” database that “While InterNACHI strives to promote excellence and professionalism in the home inspection industry, the selection of a home inspector is ultimately a decision for the customer, and InterNACHI does not guaranty or warrant any inspection performed by its members.” It adds “Visitors to this website understand and agree that InterNACHI is not liable for the alleged acts or omissions of its members, nor may InterNACHI be held liable for damages allegedly sustained as a result of the acts or omissions of its members, regardless of the legal theories employed.”
So, are NACHI members “certified”? Yes, but according to our many discussions on this topic in the past — only as members. The fact that each member has met the conditions of membership is the only factor that NACHI has ever been qualified to actually “certify” about its members. The implication is that the conditions of membership are sufficient to attest … for marketing purposes … that a member is skilled and competent to inspect a building.
In the earlier days when competing associations were disparaging the online entrance exam as being less than reliable as an indicator of skill, NACHI began to create courses and implement additional online educational requirements to enhance the implied level of skill. Accordingly, in addition to the qualifications of membership, NACHI can now also certify that the member, or someone using the member’s access to the various online courses, has also completed them, as well.
But “certifying” that a particular person has a certain level of skill or knowledge is not what NACHI does or ever has done. To the contrary, NACHI disclaims it.
I’m not sure what that has to do with anything Jim, but it was an interesting read. That aside, as well as our discussion about the merits of our case which I believe are very strong… Steven explains the real world reason why these suits have to be filed by InterNACHI:
He read that because it is written by some liar who is either going to lose his home to us, or lose his wealth to his defense attorneys. Either way is fine with me.
2018 is a new year and we are committed to squishing scumbag cockroaches. This Lesh guy misused his position at a trade association to write lies about us, print them by the thousands, and mail them to inspectors in our industry all across North America.
Steve’s post has breathed new energy into me and our legal team. We’re combing the internet with this thing called Google. Lie about InterNACHI members?.. lawyer up!
Today was a bad day for us, see attached image. We’ll make up for it this week though.
The point is that the “skeptical husband” is not far from the truth when one considers that the only thing that NACHI actually “certifies” is membership and online course completion, rather than practical experience and competence. Right?
ASHI does the same thing, Jim. No organization will claim their members are competent. Not even ones for engineers, lawyers, doctors or dog walkers.
The word “certify” means to confirm. Therefore no entity or government agency in any industry can "certify that which it doesn’t know or hasn’t happened. InterNACHI, for example, can’t certify that Jim Bushart’s experience has improved his competence level (InterNACHI doesn’t have a way of knowing that) or that Jim Bushart will perform inspections competently (InterNACHI has no way of seeing the future).
Again, the word “certify” means to confirm that which is knowable and has happened. And that is exactly what InterNACHI does when it certifies inspectors. When InterNACHI certifies home inspectors, it confirms that the inspector did certain things, completed certain courses, aced certain quizzes, agreed to certain things, and passed certain exams.
If the head of the other competing national inspection association writes an article stating that inspectors can “just buy” their certification from InterNACHI, he has libeled both our members and InterNACHI causing damages. Because he is the Executive Director of the second largest inspection association, his lies are more believable and thus the damages are greater. If he prints those lies in a trade magazine, those damages increase dramatically. If he mails those lies to thousands of people across North America, those damages increase even further. If the recipients are within our small industry (and not hair dressers or foot surgeons), those damages become astronomical in size… millions and millions of dollars.
InterNACHI is entitled to that money. It’s ours. Mr. Lesh should do the honorable thing and send us our money. If we have to force him to give us our money, we will.
I’ll tell you a funny story that is somewhat related. Years ago I failed to appear at a court proceeding because I wasn’t served. Opposing counsel filed a motion to make me pay their legal fees for appearing in court that day. When I eventually ended up in the courtroom a month later, the judge scolded me for not being there the month before and ordered me to pay the other side’s legal fees. I replied that I hadn’t been served. He then produced the supporting document that the other attorney submitted with their motion whereby the attorney certified, as an officer of the court, that he was serving me last month. The document read something like “I hereby certify that today I am taking action to serve…” I explained that one cannot certify that one is going to do something or that something is going to happen, but rather one can only certify that one did something or that something did happen. The judge immediately agreed with me and reversed his decision in my favor.
Anyway, InterNACHi can only certify that which it knows has happened.