Jeff Barnes publicly responds to Jim Bushart, Dan Bowers and others regarding Kansas.

In a democratic system, the people get what they deserve…if KS inspectors don’t care to show up because they have more important things pressing (or internal fighting among associations) then as a whole they can not bitch when it hits the fan.

For Kansas inspectors, this to me would be a wake up call to come together and start acting as some what of a collective…if you allow egos to stand in the way than you better get use to being governed by the RE board of your state…which is exactly what is going on in NC…we have just had to put up with it a little longer.

Every year we are told how to phrase part of our report based upon what the RE board wants to hear.

Welcome to politics.

Jeff

Jeffery -

I think maybe we have not been totally clear. Many inspectors stood up and called, wrote, went to visit legislators. Other than being allowed to speak for 1-3 minutes in a public hearing their cries went in vain.

This past year home inspectors were on the Kansas Association of Realtors (KAR) Top Priorities for their legislative agenda, The Chairman of the Commerce Committee hearing the Bill is from Wichita and a Realtor (Steven Brunk). The Trial Attorneys were also PUSHING the Bill.

The KAR held breakfasts, luncheons, etc for legislators, etc telling them THEY were the largest voting block of ANY association in the state and basically offering campaign $$$ and votes for right thinking legislators.

Combine that with the ambition of 1 individual in a certain group of home inspectors in Kansas, AND every other group got left out or ignored.

If a home inspection Association like NACHI, NAHI, KARCI OR ASHI members were not in favor of the Bill - they were out in the cold.

The Bill was written and tweaked by Jeff Barnes with KAREI / ASHI, the KAR and Trial Attorneys.

Now however, it seems real important for them to tell everyone we’re all in this together, yaddi, yaddi, etc.

We Weren’t …

Then, lets get Nick, Dan, James, and others together to get this bill recinded. It can be done, and has been done. But, it would take money, time, and effort. I am afraid we are now stuck. What will be, will be. I am just glad that I am close to retirement.

Stuck with what? What is it you don’t like about this law other than the fella who pushed it through? I can get almost any license amended to your liking.

Do not count on Nick’s support. The last time I heard, he was saying this law was good for Kansas home inspectors. Or am I missing something?

Eliminate Sec.2.

Dan,

I have no dog in this fight however where were the other organizations when, from what I gather, a little known organization with less then 150 members, were able to convince politicians (which are naturally self serving) that they spoke for the rest of the group. (It sounds like while other groups were fighting with each, KARIE side stepped the crap and met with the right people)

The other thing you all need to realize is that the main culprit of your problems are contractors themselves. If I am correct, Kansas does not have anything in place regulating contractors.

The public is tired of being scammed and as a result they are taking it out on HI’s through their state representatives.

Again, I am not in favor of Govco intervening in one’s life however being that we do not live in a perfect society one must find others who can collectively work together and attack the problem where it originates, which is with contractors and code officials not doing their jobs…otherwise you all will continue to cut each others throats and be subjected to the power and influence that the Realty Boards muster.

Jeff

The public played no role. In fact, the only consumer advocacy to comment on the law opposed it.

And who supports the home builder lobbying groups the most?
You guessed it, the National Association of Realtors. Just as ASHI is kissing NAR a$$ for their inspectors will get their members’ inspections, the NAR is kissing the home builder associations’ a$$es to get their members’ listings.
Heck, even the Missouri Association of Realtors fought against a bill in Missouri that would require all new constructions have smoke alarms. They claimed it would put too much of a burden on home builders.

IMNSHO, the public always plays a role…you and I may not be hearing from them directly…they are probably complaining to their agent who in turn places the blame on someone other then themselves (most agents know when a property is a POS)

Law and regulations (good or bad) are a direct result of someone doing something they they should not have done in the first place and another party getting involved to regulate that undesirable action…pure and simple.

When laws are poorly written or not enforced; politicians come into the picture to enact MORE (often useless) laws simply to make the public or constituents feel good so that the politician can garner more votes come November.

Actually Jeffery, the public and media did play a role.

(1) Nancy Seats, the President of HADD (Homeowners Against Defecient Dwellings) went on record and provided a letter of documentation that in over 10 years of tracking consumer complaints they had little or no complaints against home inspectors in Kansas or Missouri.

They did however have MANY complaints against builders, remodelers, real estate agents, code inspectors, etc. They were also involved in MANY criminal or civil cases against those groups in Kansas / Missouri.

(2) The investigative reporter for the Kansas City Star did articles on the PUSH for this Bill by Realtors and Trial Attorneys indicating that when the Star had researched the facts that THERE was **NO **factual information to back-up the Realtors / Trial Attorneys that we were incompetent, out of control or had caused significant harm by not being licensed.

(3) The BBB gave us documentation showing less than 13 complaints on file against home inspectors in our state in a 3 year period - BUT - close to 1,000 against builders, remodelers, contractors or real estate people.

It really got down to 20,000 Realtors in Kansas with an RPAC fund of several million dollars throwing promises of $$$$$$$$$$ and campaign support to legislators GOING against about 175 - 200 home inspectors, **AND **about 1/2 the inspectors in the state being in 1 inspector association telling the legislators they represent most ALL home inspectors in the state AND the Realtors promoting and rewarding them for being the good little home inspector group.

Not to be rude, but there it is … Nothing more, nothing less.

Dan, Paul, James: I applied for one of the Kansas Home Inspectors slots on the board. Recieved letter today from Governor Sebelilus stating that she has chosen another person, and that she will be making the announcement soon.

Evidently HI’s are the weakest link in your state.
You all really need to put pressure on regulating the building industry.

I did a google search and see that it will be effective in 2009.

Is this part true? Home inspectors may not limit their liability to less than $10,000. By the same token, home inspectors are not liable for damages in excess of $10,000 (unless otherwise agreed by the inspector and the person hiring the inspector - and, most likely, additional fees paid)

Good try Gary. It will be interesting to see just exactly who she picked this time, any guesses? It’s now the 20th so she better get off of her duff and get the announcements made. It’s a biased board now, lets see if she makes it a clean sweep. :mad:

Yes and no. Thats the liability portion. In the past we could limit our liabilty, per a standing state statute to the cost of services rendered. All other service groups can still to the same. Now we have a 10K carrot to start things off in the other legal proceding that could have been tossed at us, such as Breech of Contract or Negligence. Also, an inspector can be sued by any party in the real estate transaction, that also includes, seller and agents, which in the past was unheard of and difficult to proceed with due to no actual contractural ties to them. Its a smelly kettle of fish

Paul:

That’s a new one. Where in the law do you see something that permits sellers and agents to sue an inspector with any greater ease than they could prior to the law?

Home inspectors who are sued for breach of contract or negilgence, as virtually all of them are, can be sued for millions without any limitiation to their liability.

Only an attorney foolish enough to name “error and ommissions” as the basis for his claim will be limited to the $10K.

Nope. According to the legislators, the complaints all came for agents regarding inspectors that killed their deals and cost them, collectively, hundreds of thousands of dollars in commissions.

There were no citizens or citizens groups, other than those complaining against the law, to testify in person or in writing.

It’s right there in the open.

Jim, anything you think is outside the $10,001.00 limitation of liability provided by this law is also outside that which prohibits you from limiting it at all in your contract. Limit it to $1,000 then.