Here is a copy of the KAREI proposed home inspector licensing bill. Review it, mark it up and make suggestions as you see fit. By the way, the Great Pains ASHI Chapter has a special going on. Anyone that joins the 2 state associations that are supporting licensure (MAHI & KAREI) will get $50 back from the GP ASHI Chapter after joining one or both those groups.
That sure looks like the proposed bill KAR (Kansas Association of Realtors) wrote last summer. I didn’t see much change between the two.:roll:
I can’t find it proposed. Did any legislator propose it as a bill yet?
Nope, it will be presented early in the next session. Mr. Luke Bell from the KAR is giddy happy with this proposal and has already presented this outline at KAR meetings. Interestingly is the fact the Mr. Bell has showing is plan several weeks before KAREI members were presented the outline. Of course all one has to do is look at the board of directors of KAREI to understand the need to be secret and work clandestently.
The Great Plains A$hi group brought 40 plus members to the group to solidify it. However, it was disclosed at their open session that membership renewals dropped 55. So currently KAREI membership is heavily baised to “A”. It also gives them a little credance that they are the state inspector group, however we formed KARCI and plan to take them on. The ultimate goal for KAREI is that they be the recognized inspection organization and that control of the so called state board will be controlled by them.
Their plan is easy for all to accept in the early stages. Everyone grand-fathered. Follow the standards of a national org., the rural inspectors are to be phased in over a 3 yr period. Pretty much appealing to most inspectors, but board control is the target and then, make changes after, the base plan as been approved. One item that Mr. Bell is very concerned about is the limit of liability in home inspection contracts. If it was up to him, it will be removed.
So in the big picture, KAREI has jumped in bed with the KAR, so the they can help the KAR regulate how we are to perform our jobs in this state. Got to love the RE industry for making that decission. Maybe we should help them in licensing their agents. It only takes 30 hrs in KS.
I always find it interesting when I read these posts, I always wonder how much is true and how much is fiction. In this case the post from Paul is 100% fiction, how do I know, well thats because I’m the author of the bill in Kansas, not KAR and not any realtor. Every word was either written by me or another inspector and then typed by me. The draft Paul posted was just that, a draft the language has under gone many changes based on comments and suggestions made by INSPECTORS not realtors, as Paul would have you believe. Every known inspector in the state of Kansas has been invited to our meetings over the last three years to discuss this topic and every year only 25 to 30 bother to show up, and guess what, the ones that don’t are always the ones wining. It never ceases to amazes me, that the people who complain the loudest are the people who hide in the shadows and only come out when all the workers have gone home. They don’t have the courage to voice their thoughts in person and never have anything constructive to add only poo poo everything the workers have come up with. What a shame. The sad thing in this instance is that Paul has attempted to stir things up by telling complete lies and spreading inaccurate information. How embarrassing it will be for him when the final version is published and Kansas inspectors can compare Paul’s comments with the truth. Hundreds of hours have been spent in research, discussions, writing and revising the language in this bill to prepair a bill which will protect our industry, protect inspectors and protect the consumer. Apparently these are persuites Paul doesn’t care about. There is not one thing in the bill written for the benefit of the realtors, in fact the bill has language in several areas restricting realtor activities including; black balling inspectors, requiring payment before an office will use an inspector and a mandated waver if the client doesn’t want an inspection with required language explaining the benefits of an inspection. I guess these are all issues Paul would like to keep the same. The sadist thing of all is not one time has Paul ever contacted me to discuss his thoughts, I guess in Paul’s case. its easer to make it up as you go along.
Jeff Barnes, President
Kansas Association of Real Estate Inspectors
You are critical of the inspectors who do not attend your meetings without fully understanding that their absence is shouting to you…and to your legislators…that what they support is “no legislation” at all.
Your phony motives to “protect our industry, protect inspectors and protect the consumer” fools no one.
The majority of the inspectors do not attend because the majority of inspectors oppose what you are doing. When you try to shove your agenda down their throats, they stand up against you and your “hard work” and, hopefully, they will continue to be successful in stopping you from furthering this nonsense.
Jeff and I have exchanged emails the past couple days and I have offered to come visit him. He seems very gracious and nice.
Gracious and nice people can still have the wrong idea when it comes to socializing home inspections. Help him to understand that, Nick.
I’m going to help him understand that he’s about to triple the number of competitors he has.
Joe Burkeson recently (a couple days ago) sent me something from ASHI’s lobbyist about how licensing is backfiring on them everywhere it is adopted, but I can’t find it now. Someone ask Joe to post it here if he will. I don’t think I’ll post it even if I do find it as it was an email sent to me.
Well Mr. Barnes, thank you for clearing up one item and that you are the AUTHOR. As for fiction I’m sorry but I don’t quite understand what I said that was untrue? Now that you’re trying to give the impression that you are a fine upstanding person in the inspection industry only wanting to be the bearer or truth. Are you denying that you and your group have been holding private and secret meeting with KAR and Mr. Luke Bell?
It’s kind of hard not to hide in the shadows when you put up a blanket of secrecy and stealth. Keep holding those secret meeting Jeff.
Show me the LIES Jeff! Again, you claim to be doing wonderful things for the inspection industry in Kansas and you’re representing yourself as being the voice of truth. Tell us all. Show cause and whats your true aspirations and goals for this licensing attempt. KAREI as the State control board with you at the helm?
Here is the email that was sent to me…
It appears that Mr. Barnes is more deceitful and treacherous than he is “gracious and nice”, Nick.
Perhaps the email John received should get the same exposure as the draft of the bill. Funny how there is no mention by Jeff in his email as to the need to “protect the profession, the inspector, and the consumer”.
Hi to all,
These bits are worth repeating, especially as it is starting to look a lot like several HI groups are conspiring to keep NACHI out of the equasion.
Nice, reverse engineering of grandfathering provisions to ensure that only their own full members can be in compliance with the proposal.
I wonder what they are planning to do with the 50% of their own memberships which are not full members??
Now correct me if I am wrong but I thought we had laws that made it illegal to conspire to restrict trade??
I’m sure that, within the next 24 hours, every member of the Kansas State Legislature will have a copy of Mr. Barnes’ email. They will certainly not want to share the dubious honor that cooperating with him will gain for them.
I am waiting for Mr. Barnes response. He makes it plain and clear that KAR had no involvement in his bill, yet the email states otherwise. “To clarify one point, we have developed the language and are allowing KAR the opportunity to review it as a courtesy. Their comments thus far are very positive and we don’t expect any changes.”
It is clear that ASHI people have a vested interest in the NHIE test “or equivalent” being used. It is the ASHI test, regardless of how they wish to state otherwise.
Gerry brings up a great question. What are they going to do with all of those Candidates?
I have little respect for any group that is concerned about how a group of Realtors will view our industry.
And please don’t ever use the tired line that the legilation is “designed to protect the consumer”. That line of crap is just that, crap.
Now I’m getting a little confused by what I’m reading here. About 2.5 Yrs ago a Kansas Attorney that was a legislator tried introducing a Bill that did not license Home Inspectors - BUT - could have made it illegal for them to use language in their inspection agreements that disclaimed what they did or did not do AND it would have prevented them from limiting their liability. In the state of Kansas about 10 years ago several legal cases were challenged and went to the state appellate court concerning the right of a **BUSINESS or INDIVIDUAL **to contract with their CLIENTS and “LIMIT THE AMOUNT OF EXPOSURE” they would take for the **“Service Rendered”. **
It was determined in several court cases (not home inspectors to start with) that in Kansas the Court System felt it was legal to “Limit Your Liability or Exposure To Risk” to a predetermined time or amount of money. *In short it is now a legal precedent in Kansas. *
Anyway what the Officers and BOD at KAREI have told the rest of us in their letters and at the meeting in question, is that the Officers and BOD of KAREI see no overwhelming demonstrated need for THIS BILL and they personally have NO INTEREST in getting regulated when over 2/3 of the state does not have building codes, licensed contractors, etc - BUT - they’ve been told by the **realtors **that THEY want us to NOT BE ABLE TO limit our liability and want to dump other bad things on us like that.
Jeff told us at the meeting that the realtors have politely put a pistol to our heads and told him that if the home inspectors don’t write a **Bill **the realtors like - that they may help another group put one together that will $crew us.
Whats weird is the realtors, builders, etc aren’t trying to limit anyone elses ability (including their own) to “Limit their Liability” for anything **OR **introduce state mandated building codes, state wide mandatory sellers disclosure, state mandatory licensing of contractors, **increase a real estate agents pre-licensing educational requirement of 30 hours of classwork required to get a RE license, etc. **I’ve been told by several attorneys we’ve reviewed this with that to try to make it illegal for 1 profession to not be able to contract with their customers or clients for the degree of risk they’ll take for the fee paid is unconstitutional and could make for a really great and possibly **lucrative lawsuit **for us to file against the realtor BOD in Kansas.
What we’ve gathered by what we have been told by Jeff and other KAREI Officers and BOD is that the realtors hope by pressuring US they can get us to do something to ourselves SO the realtors won’t end up looking like they were the ones doing it to ANOTHER PROFESSION.
I hope that helps explain what KAREI has told us is going on and KAREI’s part.
Do you know how to get an ASHI Candidate off your porch?
Pay him for the pizza.