New Kansas Bill submitted by Trial Atty's & KAR

Took awhile to find, but this has already been presented.

Kansas Inspectors, wake up you’re going to get your asses served up on a Silver Platter. No other group will be forced to give up this portion of their contracts, just inspectors. Note how this nicely ties into the Bill that KAR wants to enact.


That has to be one of the dumber bills I’ve seen.

It is fascinating that many Kansas inspectors are going to allow the state government to decide that they have no right to incorporate a limititation of liability clause in their agreement to protect their assetts. This is obviously being pushed by trial attorneys and Realtors, who are looking to scapegoat their liability on the inspectors.

That language will prohibit those who wish to carry E&O from obtaining it.

I suggest those of you who feel the same way to call your local representative, and soon!

It is Kansas afterall:roll:

No wonder Dorothy and Toto ran away…

Toto and Dorthy have left the State. Can’t say that I blame them.

Now pay attention here. You have the trial attorneys pushing for absolute removal of limits of liability. This is being supported by KAR. Next you have Luke Bell’s proposal coming behind about two weeks later with this little provision inserted into what he believes should be the law of the land

Any thoughts on why this might be happening? How about the full removal of limits to just one sector business might be just to hard to pass the test. So Mr. Bell being the wise one will have an optional offering that appears to be somewhat easier a pill to swallow for the legislature. Slick move.

My personal opinion, right now there is a direct collusive effort being pushed forth by both groups and each and everyone one of you Kansas inspectors have a big target on your backs. This all started last year with Mr. Bell’s mass email to all agents in the state looking for any and all problems with a real estate transaction involving an inspection to show cause for licensing.

Mr. Bell from his own mouth made the statement that the KAREI group’s proposal was to weak and not worth backing. I’m sure he wouldn’t like the KARCI position statement.

Wake up guys


That clause certainly has a tendentious position toward the trial lawyers and absolving the realestators from potential liability.

It also proves to be quite a conundrum for home inspectors. Inspectors will get to choose whether to operate without a liability limitation clause and E&O insurance, or to operate outside the law because the insurance companies require a liability limitation clause to provide E&O.

Perhaps Mr. Bell just thinks that inspectors should have “sue me for your home problems” tattooed somewhere on them. Which is he, a trial lawyer, Realtor, or a home inspector looking to control other inspectors by being a board member?

Regardless of whether you are inspector in favor of licensing or not, this is not home inspector friendly legislation. I suggest you start calling and writing your legislators now. If this passes, it will not be enjoyable to be a home inspector in Kansas!

We should probably get Lewis Capaul read on this bill, no doubt this law is for your own good and you have just missed or glossed over the win-win silver lining, comon guys get with it. Licensing is inevitable :sarcasm:


There is already a de facto elimination of limitation of liability in Illinois.

It has been quite interesting to see the development of opposing forces in Kansas and the split that has occurred. Major players for legislation are the Realtors , Trial Attorneys, and a group of select ASHI Home Inspectors and I sense that home builders are lurking in the shadows. The Opponents to Legislation are a group of Inspectors who belong to KARCI, members of KARCI are made up of inspectors from ASHI, NACHI and NAHI from both the metro and rural areas. What I have pieced together through emails, personal conversations is that each of these groups for legislation have their own agendas that; A. limits their liabilty to their client and can push the blame for their incompentence to the home inspector; B. A cash cow to sue Home Inspectors for the incompentence of a realtor and home builder; C. Try to limit competition under the guise of Consumer Protection which is a facade; D. A cash cow for a HI school in Kansas who’s owner at one time a past HI who was unsuccessful at being a HI; E. A member of a major association trying to get themselves elected to the association’s National Broad of Directors; F. A representative for realtors who lied and decieved a registered lobbiest; and last but not least a state Association of HI’s who say they represent all Home Inspectors, and made such claims to other associations and legislators which is false.

Kansas inspectors, you best get your act together or you will be out of business before you know it because you will not be able to afford your insurance to stay in business, because of one simple thing; the proponents of legislation will get you one way or the other (NO limited liability and required Insurance). At this time there is only one state association that is fighting back, and that IS KARCI, join the fight to protect your business and family from those who want to take it away by spreading falsehoods and practicing deceit. If you believe the rhetoric of “Consumer Protection” broadcasted by these pro-legislation activists, think again, its not there. If you believe in “Consumer Protection” fight these bills being introduced and then protect your clientel by keeping up with your continuing education requirements, follow your associations Code of Ethics and most important, write your Inspection Reports honestly and without favor, thats goes along way to protecting the consumer.

As a well known member who posts on this board says “Legislation Solves Nothing”.

Join KARCI, write or call your state reps and protest these bills being introduce, stand up and be counted and protect your livelyhood from those wishing to take it away. Those inspectors in Western Missouri, its your fight too if you have clients in Kansas, nothing wrong for you to join and write the Kansas Legislators in the areas of Kansas you practice your trade.

I will get off the Soap Box now for the next inspector…

It is unfathomable to me that any home inspector would stand against his or her ability to protect his or her assets by removing limitation of liability, and their ability to disclaim portions of the inspection.

Consumer protection is and always has been a false argument in any legislation battle.

Ambulance chasers are abundant, and don’t need us to make them more wealthy.

I hope the Kansas inspectors will pay attention, and fight this poor piece of legislation.

If you really look at this sort of language it also starts taking out our SOP.

I can’t tell you I can’t see behind the drywall, under the carpet, etc, etc.

Can you imagine your new conversations with everyone:

“Good morning, my name is Bob the Inspector. I’m your cradle to grave insurance policy. Remember if you move in and you find a hole in the wall behind the refrigerator OR an electrical outlet that does not work behind the 400 pound Amoire that I so carelessly forgot to move - Just call me”.

“Because as you know, I can’t limit my liability or DISCLAIM it”.

I wonder how the insurance companies will look at this language. Will we be able to get E&O insurance **OR **will it run $8,000 a year for a $20,000 E&O Policy.

Because of this we now have 2 Kansas HI Associations - KARCI (against letting some other profession do to us stuff they would not tolerate if it was not happening to them) and KAREI (their philosophy seems to be - “well guys theres more realtors and attorneys than there are inspectors so we better take the best deal they’ll let us have and live with it”).

Is there anything we can do from Missouri to help your situation?

Well, you could go round up the pettifoggers who are pushing the bill, and change their minds. That would be a start!! :smiley:

Good idea. Perhaps you guys could get them all in one spot…like, say…Lawrence, Kansas. Then a few of us could ride in…

Where did you get that from Will?

More than one attorney I have spoken to has said to be SURE it’s in my contract.

As the litigation attorney I spoke to said, “One more hurdle for them to clear!”.

He also stated that Illinois is very big on contract law. If it’s in a contract that you signed, be prepared to lose in court.

You might consider directing your legislators attention to the information in the thread Ask FREA’s Ben Garrison in the Misc. Discussion section of our message board. Ben Garrison was kind enough to give us the fact that only 1 in 3000 home inspections results in a claim. This number is not the number of claims paid out, but the number of claims on average. You would certainly think that the number of claims settled or paid out would be even less then 1 in 3000.
My attorney stated that the average payout for my state is only $4000 to $9000. You could find an attorney who defends h.i.'s in your state to give you the numbers there.
If you have those that are hyperventilating over the need to increase the inspectors liability, and seeking to influence your legislators to pass laws that restrict your ability to limit your liability you might show the legislators what a waste of time it is as each inspection only has a 0.00033 chance of a claim on average, and an even smaller probability that there will be a need for a payout. And as the payout is but a few thousand on average, what’s the fuss all about?
When you point out what the insurance companies that provide E&O are likely to charge after this unreasonable legislation passes (if they will even continue to offer it in your state), and what inspectors are going to have to charge their clients to cover these additional insurance premiums, they might see things differently; as the cost of home inspections would likely skyrocket.
Use the medical industry as an example: malpractice insurance is outrageously expensive, and you and I pay for it every time we visit the Doctor, all so a few claimants (and their attorneys) can be rewarded the occasional large claim.

You’re talking sense. The TA’s are not interested in that.

From what they probably tell legislators - this is vitally needed to protect national security; or FOR the Children, etc.

Nick told me that he is willing to send a letter to each legislator if you will provide him with addresses and a draft of your objections to the bill.

Jim -

What is your & nicks email addresses. I’ve got an excel spreadsheet of the Kansas Legislators, and I’ve been told by KARCI (the Kansas Association of Residential & Commercial Inspectors) that their IT Director has finished compiling the results of the recent survey sent to ALL known home inspectors in Kansas and Missouri (NACHI, ASHI, NAHI and unaffiliated) to determine what percentage of home inspectors suffer certain type of problems with RE agents.

The IT Director of KARCI has separated the survey results and broken them down by Kansas / Missouri respondents. City & rural respondents; and even by which problem occurs to which Associations members most frequently.

The results are being provided to KARCI & MAREI Members; and to other KEY groups/professions/media that have a vested interest in the results of the 2 state survey. Like the Ohio State Real Estate Commissions recent survey, we intend sending this out to MANY places.

Two ASHI Members we know of, were urging the other ASHI members to **NOT **take the survey. I believe one of ASHI’s National Directors (Miki Mertz) indicated to ASHI Members something along the lines of the survey might alienate ASHI’s ALLIES???

If I remember correctly the President of KAREI (Jeff Barnes who has been meeting with KAR for the past year working up language for a bill) also urged people to not answer the survey. AND both these people certainly have the right to express their own beliefs.

You’re gonna love the survey - it makes very juicy reading.

The Kansas Bill will be heard by Committee on Friday 2/9/07 in Topeka Kansas. The Commerce & Labor Committee is set to hear it between 9:00 AM and 11:00 AM.