Kansas House Bill 2315 Senate Reading

Kansas House Bill 2315 will be heard before the Senate Commerce Committee on Tuesday, March 11th, 2008 at 8:30am in Topeka. The hearing will take place in Room 123-S of the Capitol. Any NACHI member available should attend this hearing and to voice opposition due to the following concerns:

[size=2]No ability to contractually limit inspector liability for less than $10,000 per inspection.

Insurance and financial responsibility requirements that exceed any requirement in the 32 states currently enforcing home inspector regulation

Does not include language requiring “negligence or wrongful misconduct” for lawsuit brought by consumers for errors and omission

Statute of limitations (one year) for lawsuits against inspectors is out of balance with the nature of home inspection — “a one-time, visual, non-invasive snapshot”

This legislation is not the result of an inclusive dialogue of the broader home inspection industry (brought forth by your wonderful KAR board and a handful of KAREI members. Rural inspectors you’re in for a very difficult time)

Please take the time to attend this hearing. Your business is at stake.


One of the stupidest Bills I’ve ever seen written. Put together by people with little HI experience. Has many stupid things. Not for protecting the consumer.

This led off the local newscast last night. Now we all know how the media likes to embellish and sometimes just stretch the facts, but but two incidents being investigated, an agent under contract not to show homes with out a co-worker present, a home owner out of town, an a co-worker victimized? :shock:


Just a coincidence? I guess the vigorous licensing program and ethics program solves everything :wink:


A Keller Williams Agent was arrested for identity theft. I have a hard time in believing this. Don’t they have some sort of fidelity dishonesty bond on themselves like they’re trying to push on home inspectors in the Kansas licensing law??

We had an inspectors meeting yesterday and many issues came up about this poorly written licensing bill that the Realtors and Jeff Barnes (the ASHI member from Wichita) have written.

Two guys in their 50’s grew up on farms. Both dropped out of high school when they were 16-17 to run the family farm and help support their mom and younger kids in the family. Both are Vietnam Vets and have run their own businesses for years. They’ve both been doing inspections for over 10 years but could be put out of business by the poorly worded Kansas Bill.

Several people noted that to be “Grandfathered” you need 3 yrs of inspection experience and over 300 home inspections. Many rural guys stated they live in small areas with only 5,000 people and this will put them out of business CAUSE after 4 years they’ve only got 200 inspections under their belt.

I pointed out they could also go to a HI school of 80 hours or more AND they pointed out the only school that fits the bill in Kansas is the one owned by the 2 ASHI Board Directors (Tom Lauhon & Miki Mertz) in Leavenworth. They kinda thought the KAR or Barnes might be aiming students that way.

This bill (HB-2315) is a bad bill.

Almost forgot. One of the guys said Nick was coming down for the Kansas Senate hearing, but haven’t seen any more about this. Has anybody talked to him about his plans for this.

I will be there. The chairman of the committe is my congressman, or congress person. I have e-mailed her several times. I cannot wait to hear what she says. I have sent letters to all of my state reps, and even Dennis Moore. You may want to check out one of the people on the committe. He is a real estate broker. Talk about a conflict.

Which one is a RE Agent?

Don’t you love it. Many people that don’t know really what it is you do making decisions that alter your whole life AND you getting 1-2 minutes to try to explain much of the BS that the lobbists for Realtors, Trial Attorneys, Engineers or other special interests have laid on them is not true.


News document.write(today_string());Wednesday, Mar 12, 2008
**News **

Posted on Tue, Mar. 11, 2008 10:15 PM

Kansas Senate hears testimony on bill regulating home inspections


The Star’s Topeka correspondent

TOPEKA | Advocates for home buyers told lawmakers Tuesday that a bill regulating home inspections would raise the cost of a new house and threaten the inspectors’ independence.
“At this time home inspections are affordable for purchasers,” said Nancy Seats, president of Homeowners Against Deficient Dwellings. “This legislation will certainly raise the cost and in my opinion will do nothing to protect the public …”
Supporters said, however, that the bill was needed to protect homeowners from shoddy inspections.
HB 2315 would set standards for home inspectors and allow homeowners to sue inspectors for up to $10,000.
It also would create a five-member Kansas Home Inspectors Registration Board and require inspectors to be registered. The board could revoke registrations if it received a complaint against an inspector.
Now, inspectors are not required to be licensed by the state.
Three board members would be inspectors, the fourth a real estate agent or broker and the fifth a member of the public.
During a hearing before the Senate Commerce Committee, inspectors objected to having someone from the real estate industry on the board.
David Moriconi, a home inspector from Blue Springs, said inspectors worried that a Realtor could influence the board’s real estate representative to punish an inspector for inspections that deprived the real estate company of sales.
He said the requirement exposing the inspector to $10,000 in liability would raise inspection costs. Moriconi’s company charges a minimum of $225 for a home inspection.
Supporters urged the committee to approve the bill.
“When a family ends up with a lemon home, the family should rightfully have legal recourse against any unscrupulous or irresponsible party involved in the transaction,” said Callie Denton Hartle of the Kansas Association for Justice.
The bill was sought by the state’s real estate industry. The House approved it 80-38 last month.
“I haven’t heard what the need is for this bill,” said Sen. Karin Brownlee, the committee’s co-chairman.
To reach Jim Sullinger, call 785-354-1388 or send e-mail to jsullinger@kcstar.com.

The Kansas Senate Commerce Committee is working the Bill 3/25 at 8:15 am in Topeka.THey’ve made some adendums - we’re not sure what.

We’re told the Realtors, Trial Attorneys & ASHI group know them - the rest of the world does not and they’re not on the web.

New Law Could Open the Door to Home Inspection Standards

Julia Myers-Bartley


Watch the Video ](http://javascript<b></b>:openPopup(’%2Fr%3F19%3D950%2632%3D3331%267%3D111871%2640%3Dhttp%253A%252F%252Fwww.ksnt.com%252Fhome%252Fticker%252F17000801.html%253Fvideo%253DYHI%2526t%253Da%2641%3DVideo%2BNew%2BLaw%2BCould%2BOpen%2Bthe%2BDoor%2Bto%2BHome%2BInspection%2BStandards%2618%3D0.08718647325141837’,‘video’,‘scrollbars=yes,width=600,height=600,screenx=15,screeny=15’):wink: (http://www.ksnt.com/home/ticker/17000801.html?video=YHI&t=a )
A new set of standards for home inspection was on the agenda at the statehouse Tuesday as a new bill could open the door to a new set of practices and ethics by home inspectors.

Luke Bell, Director of Government Relations said, “it’s an attempt to put some minimum standards and statues - so when a consumer goes out to hire a home inspector they know they’re going to receive a basic level of service and they know that home inspector is going to have a basic level of requirements.”

Some of those requirements include a passing a national exam to certify knowledge of the industry and new financial guidelines.

Bell indicated that this bill requires Home Inspectors to have at least a minimum level of liability of $10,000 to insure they can cover most of those defects when consumers experience problems in the process.

Home inspectors say in their jobs they can only spot or see defects in the home by sight and should not be held completel accountable.

Michael Greewalt, President of the Kansas Association of Home Inspectors said, “we would like to accept the minimum liability- the problem is we don’t want to be the first one and the only one to be attacked, when nobody else is not required to meet the same standards.”

This bill already approved by the House, now goes to the Senate for review, supporters say it’s a major step forward to protect consumers when a home inspection is needed.

Representative John Grange, one of the Sponsors of the Bill said,
“what the Home Inspection Bill will do for the state will give us the opportunity to bring in a 3rd party to look at a structure and ensure
that any of the items that could be in question and can be noticed up .”

In an industry that has never been regulated in the State of Kansas,
lawmakers say they see this as a way to keep your home as an
asset and not to make it become a liability.

Rep. Grange went on to say that it legitimizes the industry. He said,
"it makes sure the people who are doing the things they say they are doing and inspecting the good service that the amount of money that you’re paying for. "

Under the current law, home inspectors are allowed to limit their
liability at the time of inspection.


Kansas Home Inspectors

Time is running out. If you’re willing to accept the automatic $10,000.00 liability for each and everyone one of your upcoming inspections under this law, then sit back and do nothing. Personally, this has got to be one of the biggest pieces of GARBAGE presented as law. where no one else in the transaction has to put their neck on the chopping block. If this leaves a sour taste in your mouth and a look out who’s going for you next senario, then you better get your opinions sent in to the Senate Committee members and voice your opinions. NOW!!!

This attempt at legislation is trash, but doesn’t want the dollars wasted in throwing the paperwork into the landfill.

Get your opinion heard now or forever hold on to your wallet and be ready to kiss your *** goodbye!!


Codes Officials,Builders and Realtors are loving this no doubt! Why should HI be punished for what was done during the construction phase when the Builders and city Codes Officials are to blame?

Builders like the lowest bids!

City Codes Officials do not even stop violations on the exteriors I would hate to see what all they mis on the inside! But then again they can not be sued! And they have SOOOOO many to do in a day!








The Kansas Senate Commerce Committee for HB-2315