MASSACHUSETTS

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

Originally Posted By: gbeaumont
This post was automatically imported from our archived forum.


full licences, and 40 associate licences.


Population 6.1 million, covering 8,000 square miles


Home Inspectors are legislated by the State of Massachusetts and must meet the following criteria to get an Associates License:

1) Having completed 25 paid inspections under the direct supervision of a full State license holder.
2) Have passed the National Home Inspectors Examination
3) Provide proof of errors and omissions insurance in the sum of $250,000

To achieve a Full License an inspector must 1st meet the above criteria, and then have completed another 100 inspections under the indirect supervision of a Full license holder.

The below link is to the State of Massachusetts, Division of Professional Licensure

http://www.state.ma.us/reg/home.htm

The below link is to the State of Massachusetts Board of Regulation of Home Inspectors (rules & regulations) 266CMR

http://www.state.ma.us/reg/boards/hi/cmr.htm

The below link is to the relevant Massachusetts General Law (MGL chapter 112 section 222-226) for those who wish to study the actual text.

http://www.state.ma.us/legis/laws/mgl/112-221.htm

--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

2

Originally Posted By: John Cagliostro
This post was automatically imported from our archived forum.


Gerry,


The MA law does not appear as restrictive as NJ's HI law.
Gerry...does an Associate HI have to be employed by a fully licensed HI?

Although the law may not be as restrictive as NJ it still may contain that four-letter acronym.... ASHI.
This is a big concern that we all need to address soon in a class action suit (CAS)…Gerry, do you think this is the way to go?


John Cagliostro
CSNJ, Inc.
New Jersey

3

Originally Posted By: evandeven
This post was automatically imported from our archived forum.


Two things stand out:


1)Have passed the National Home Inspectors Examination (ASHI)


2) Provide proof of errors and omissions insurance in the sum of $300,000 (bullseye on your back).

–
Eric Van De Ven


Owner/Inspector


Magnum Inspections Inc.


I get paid to be suspicious when there is nothing to be suspicious about!


www.magnuminspections.com

4

Originally Posted By: gbeaumont
This post was automatically imported from our archived forum.


Hi John,


The law as it was enacted in Massachusetts, is probably in its scope less than some lobbyists would have hoped for but it is still fair to say that it is difficult for new inspectors to enter the business here in MA. In the first instance a new inspector needs to get 125 inspections done under a Full state license holder, which unless the housing market is very buoyant, and extra inspectors are needed, due to prevailing market conditions is non-competitive to enable a new inspector to get an unrestricted license. It is certainly true that this legislation does not promote competition, but at what cost do we all support a free-for -all, I for one belive in training (I teach a HI class (not for the money)), I belive that all states need to regulate the Home Inspection business, and better still that we regulate ourselves to ensure that consumer expectations are met, that lower all of our costs at least in so far as insurance costs.


Would I site the MA legislation as supporting a class action suit against another group,… NO but I think (personally) that we should not go that route, this society is litigious enough that we DO NOT need to raise the stakes any higher, if we cannot win our arguments in the legislatures and out side of the courts then we do not have an argument

–
Gerry Beaumont


NACHI Education Committee


e-mail : education@nachi.org


NACHI phone 484-429-5466


Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"
5

Originally Posted By: ismetaniuk
This post was automatically imported from our archived forum.


This membership was a big waste of my time!

–
Igor


Top To Bottom Inspections


Glen Spey, NY

6

Originally Posted By: denni
This post was automatically imported from our archived forum.


http://www.state.ma.us/legis/laws/mgl/112%2D87yy.5.htm



The present law is the first paragraph. I have submitted the bottom paragraphs to be added to the existing law.

CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS.
Chapter 112: Section 87YY?. First signing of purchase agreement; distribution of home inspection brochure; prohibition of specific recommendations; exception. [Added by 1999, 146, Sec. 2 effective May 1, 2001. See 1999, 146, Sec. 7.]

At the time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process. Real estate brokers and salesmen shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker.

No real estate agent (broker, salesperson, or their employee) shall hinder, interfere, or prevent a licensed home inspector from performing a full and thorough inspection of any property for his/her clients. No agent shall interfere, in any manner, with any contractual relationship that a home inspector has with their client. No real estate broker or salesperson shall advise or comment to any real estate buyer regarding typical or specific home inspection fees or a range of fees.

No real estate broker, salesperson, or real estate firm shall display or distribute to any potential real estate buyer any literature that advertises any particular home inspector or home inspection company. The foregoing limitations specified above shall not apply to a real estate agent acting in a fiduciary capacity as a ?buyers? broker? on behalf of a client provided that the parties have entered into a written contract specifying that the ?buyers broker? shall act exclusively for the client and, in return, that the buyer client is obligated to pay the fees to said buyers? broker. An agent operating under a dual agency agreement shall not be considered to be a buyers? broker. The restrictions stated above shall be given, in writing, to a potential buyer at the beginning of the first meeting with a potential buyer.

7

Originally Posted By: jmyers
This post was automatically imported from our archived forum.


Dennis,


Long time no see! Where have you been hiding? icon_biggrin.gif

Joe Myers

8

Originally Posted By: denni
This post was automatically imported from our archived forum.


Joseph Myers wrote:
Dennis,

Long time no see! Where have you been hiding? icon_biggrin.gif

Joe Myers


I''ve been busy fighting real estate agents.
Seriously, I filed a formal complaint against a real estate agent for violating the real estate licensing law.

I might find a little more time to post on this forum since I've pretty much left the ASHI forum. It's gotten pretty boring there with a number of inspectors leaving the forum and now they have a full time censor (moderator) who makes arbitrary decisions as to which posts get deleted. If you post something anti-franchise or question ASHI leadership, your post doesn't last long.

Dennis
9

Originally Posted By: gbeaumont
This post was automatically imported from our archived forum.


Dennis,


Thanks very much for your up-date on the MA legislation, your knowledge of Masachusetts is much appreciated in this forum.

–
Gerry Beaumont


NACHI Education Committee


e-mail : education@nachi.org


NACHI phone 484-429-5466


Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"
10

Originally Posted By: jmyers
This post was automatically imported from our archived forum.


Dennis,


Well you can rest assured that we don't do that here. While you may privately be asked to reconsider a post we don't delete or edit them.

Oh Dennis would I have a field day with them. I am very anti-franchise and I question everyone, even myself sometimes! icon_biggrin.gif Oh, there would be many people much grayer and many with lots less. icon_biggrin.gif

The good news is the prozac and the zoloft have pretty much stopped me from answering myself. They tell me that I am not nuts because I talk to myself but the answering myself is not good!

Joe Myers

11

Originally Posted By: Chris Morrell
This post was automatically imported from our archived forum.


Joe, I don’t remember ever asking anyone to reconsider their post, even.

–
Chris Morrell


Director of Information Technology


http://www.nachi.org/


12

Originally Posted By: denni
This post was automatically imported from our archived forum.


After filing several complaints against some agents for violating the law, one has now altered their web site. Take a look:


http://www.applecountryrealty.com/homeinsp.htm

For those of you who market agents and depend on their referrals this must sent a shiver up the spine.

Dennis Robitaille

13

Originally Posted By: jmyers
This post was automatically imported from our archived forum.


Dennis,


Does this mean they are not allowed to have a prefered vendor list?

Joe Myers

14

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.


Dennis,


Welcome back! I can see you have been busy. Seriously, though, you are an asset to this board. Very knowledgable in your profession, sincere (rabid at times) in your convictions, and not afraid of opposing viewpoints. In the end, everyone benefits.

Again, welcome back and dont be a stranger.

Joe Farsetta

15

Originally Posted By: jfarsetta
This post was automatically imported from our archived forum.


Dennis,


I market to real estate agents, and the law (and the web site) didn't send shivers up my spine. I deal primarily with buyers agents. The agents I deal with mostly are good folks who want a good inspection. Part-time agents get nervous with thorough inspections.

I also spend time mentoring new agents. I try and educate them the best I can. This way, when I call it out as a defect, they know it really is. I dave sellers agents scream at me on a regular basis, as I ask the homeowner questions about the home. The sellers agent views it as my attempt to disclose the homeowner, which they NEVER want. Too f_cking bad, I say.

The thing that doesnt help the situation for either side is when you get an inspector who rips a home to shreds unnecessarily. I've seen it many many times. I'm no creampuff, believe me, but some of the things these guys call out as gospel are ridiculous.

Anyway, no inspector should allow the agent, ANY agent, to interfere or try and influence the wording or outcome of an inspection. Period.

16

Originally Posted By: rray
This post was automatically imported from our archived forum.


That Apple Country Realty post is awesome. If we could get all agencies to do that, we would be on our way as home inspectors.

–
Home inspections. . . .


One home at a time.