Letter to Agents from the Kansas Association of Realtors

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
1

Just thought you might want to read this if you haven’t already.
I’ve gotten several calls about being licensed today, and have tried to explain my position, but basically the agents don’t have a choice if they want to stay within the guidelines of their organization.

So, what to do about this?
Give up all the business in KS to those who have folded and registered.

  • OR -
    Fold and register so I can continue to do business, feed the kids, keep the lights on, etc.

Believe me, the latter choice makes me sick to my stomach.
I have been depending this whole time on some rogue agents who said that they would use me no matter what, but after this letter, I don’t think I can count on that any more.

The words in bold were done by me.
It’s just so ridiculous to imply that an Inspector that they have had a relationship with for years, would all of a sudden be a source of inaccurate, low quality and unreliable information.

Here’s the one to Reece and Nichols agents (additional):

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What is your main objection to registering?

3

My main objection is being told how I have to run my business by the State, and a bunch of guys that I don’t know, and who don’t have my best interest at heart.
I object to the added expense, and the whole idea in general.

4

Here is what I would do if I were you:

Get registered. Then when you have license in hand… you can freely pound away on the corrupt KHIRB Chairman Jeff Barnes.

5

How long have you been in business Andrew?

6

I understand.
You can comply, or not comply, either way you’re screwed in the end.
That seems to be the same choice we face in all current legislation.
What fun!

7

The sicking part is I bet the real estate agents referr unlicense handing men who perform electrical and plumbing repairs.

8

Promises, promises. :stuck_out_tongue:

9

8 years

10

I was just concerned you had less than two than you could not be an inspector in Kansas.

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I think ALL registered home inspectors should immediately raise their fees to a minimum of $2000 per inspection in order to comply with the law.

12

Nah, that’s not the problem.
The problem is that I’m belligerent, and that KS Legislators ignore my calls and letters because I don’t live or vote in KS.
I’m hoping I can have some added effect in MO in that regard.

It’s a crappy idea, that has been sloppily instituted.

13

Well, you have the right to be pissed.

14

When I started my company in St. Louis, I decided early on to take careful measures not to depend upon the referrals of commissioned real estate salesmen. It was an easy decision in St. Louis, for a business that depends upon such referrals requires soft reports and ASHI membership. With all due respect to the beloved Bill Boerner, it is easy to see (in his inexperience) why so many used house salesmen fell in love with him. Once he learns enough to give a thorough and complete inspection, he’ll have some difficult decisions to make should he return to that market.

Moving to the Ozarks and starting over was actually easier since my website was already established for five years and my inspections have been favorably accepted by about 80% of the commissioned real estate salesmen who, without solicitation, have freely referred me…and still represent only 15% of my inspections.

If I had a business that relied upon the cooperation of commissioned real estate salespeople to put customers in front of me…I would get my Kansas license.

I don’t and, accordingly, I will not get a Kansas license.

My market in that state will be those Kansas home buyers who would prefer to have an inspector who is NOT overseen by the Kansas Association of Realtors and who does NOT have a real estate salesman among those who will determine whether or not I get my license renewed.

The excrement that pollutes the integrity of home inspections in Kansas must remain there, for there is little we can do to get rid of it. However, we must do all that we can to keep the commissioned real estate salesman out of our business in Missouri. That…for the present time…is something within our control.

15

http://www.metrospeckc.com/Pricing.php

I would like opinions as to what I posted today on my web site. Read the center paragraph.

A “representitive number” means one per room. This is all we have to inspect per Kansas law; one outlet, one switch, one window, no appliances, an overall basic inspection. This is what Mr. Bell and his “associates” want; an inspection as to not alarm the home buyer, so the home will sell; that is all. Mr. Bell’s statement does not protect the consumer; only limits, by the laws he implemented, what we can inspect.

Since being licensed in Kansas, I have had only one home inspection in Kansas. Buckle up Missouri; the same laws are coming your way.

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10 years ago, I correctly predicted that licensing would harm credential-only, no-member-benefit associations like ASHI, as there would be no reason to be a member after the state begins to compete with its own state credential that every agent will then point to.

I also correctly predicted that InterNACHI’s strategy of high value, member benefits would be the way to go. The licensing cloud is dark and hangs over all inspectors, but I confess, I couldn’t be more pleased with this silver lining. Bye bye diploma mill ASHI! Don’t say I didn’t tell ya so.

17

I think that what has happened is that the commissioned salesmen who sell real estate in Kansas have been so vocal and have published so much about the new home inspection law, the consumer feels that the home inspection falls under the salesman’s control.

Under those circumstances, why would anyone want to pay just to have another person try to sell them the house?

18

Gary -

STANDARDS are like Bldg Codes. They are the MINIMUM you should do, not the MAXIMUM you CAN do. Just like Bldg Codes, YOU can always EXCEED them and do MORE.

You should READ the NACHI, ASHI and NAHI SoP and them compare them to the Kansas STANDARDS. See Below:

KANSAS** –**
Representative Number:
Means a sufficient number to serve as a typical or characteristic example of the item(s) inspected. For multiple identical interior components such as windows and electric outlet receptacles, it means one such component per room.

ASHI –
Representative Number
One component per room for multiple similar interior components such as windows, and electric receptacles; one component on each side of the building for multiple similar exterior components.

**NAHI – **
**Representative Number: **
A sufficient number to serve as a typical or characteristic example of the item(s) inspected.

NACHI –
Representative Number:
A sufficient number to serve as a typical or characteristic example of the item(s) inspected.

NACHI and NAHI are VERY similar to each other. ASHI and Kansas are similar to each other. The Kansas Standards Committee was made up of Randy Sipes from ASHI; Mike Greenwalt from NAHI; and Stacey Van Houtan from iNACHI. They spent 3 months driving to Topeka once or twice a month to meet and hash out the best and worst of the 3 associations AND then write those SoP’s for Kansas.

After they had their VERSION hashed out they sent them to Jeff Barnes at the Kansas Board. Apparently they weren’t correct or something, so Jeff chose another ASHI member from Wichita besides himself (Kerry Parham - President of the ASHI Chapter in Wichita and President of the KAREI Group Jeff started); AND the Board Member - Ed Robinson, Attorney from Wichita. Those 3 men then were energetic enough to take up their own personal time to correct and rewrite the Standards that you now see before you in Kansas.

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Code of Ethics

The SoP Committee (Stacey, Randy & Mike) were told to hold off on writing the COE for KANSAS, and I believe that the Chair of the Kansas Home Inspection Registration Board then was good enough to draft those himself. See Below:

KANSAS** Code-of-Ethics**

Honesty, integrity, and objectivity form a moral philosophy which, associated with mutual interest among people, constitutes the foundation of ethics. It is paramount to this Board that registered inspectors in Kansas should recognize such a standard, not in passive observance, but as a set of dynamic principals guiding their conduct. The following standard should be a minimum standard by which each inspector governs his or her business as a basic philosophy and as a matter of public policy.

  1. It is the inspectors duty to practice the profession according to this Code of Ethics, as the keystone of professional conduct is integrity. Inspectors will discharge their duties with fidelity to the public, their clients, and with fairness and impartiality to all. They should uphold the honor and dignity of their profession and avoid association with any enterprise of questionable character, or apparent conflict of interest.

  2. Inspectors will express an opinion only when it is based on practical experience, education and honest conviction.

  3. Inspectors will always act in good faith toward each client.

  4. Inspectors will not disclose any information concerning the results of the inspection without the approval of the client or their representatives.

  5. Inspectors will not accept compensation, financial or otherwise, from more than one interested party for the same service without the consent of all interested parties.

  6. Inspectors will not accept, nor offer, commissions or allowances, directly or indirectly, from, or to other parties dealing with their client in connection with work for which the inspector is responsible.

  7. Inspectors will promptly disclose to their client any interest in a business which may affect the client. The Inspector will not allow an interest in any business to affect the quality or results of their inspection work which they may be called upon to perform. The inspection may not be used as a vehicle by the inspector to obtain work in another field, or to perform repairs on a property inspected by the inspector.

  8. The inspector shall make every effort to uphold, maintain and improve the professional integrity, reputation and practice of the home inspection industry. The inspector will report all such relevant information, including violations of this Code of Ethics, the Rules and Regulations and the Act, by other inspectors, to the Board for further review.

  9. Inspectors shall not inspect properties in which they have, or expect to have, a financial interest without a written disclosure to the client.

  10. The inspector shall not conduct a home inspection or prepare a home inspection report for which the inspector’s fee is contingent upon the conclusions in the report.

  11. The inspector shall abide by all local, state and federal laws and statutes, the Rules and Regulations as approved by the Board, substantially follow the approved Standards of Practice and this Code of Ethics.****

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I cannot find Stacey as a NACHI member. He did mention to me he was died hard NAHI member about three years ago. It appears to me that NACHI had no saying in the writing of the SOP.
I can easily see why the A$HI COE was chosen. The NACHI COE mainly protects the consumer. The ASHI COE is written like the Realtors’ COE, the protection of the consumer is a second thought. Sad but true.