What?
You mean you get to limit your liability to $10,001 by statute? (the rest of us can get sued for millions).
You mean no one can sue you after a year? (the rest of us can get sued forever).
WOW!!! WTF are you all complaining about?
Does anyone know what ASHI member pushed this thing through? I want to send him a gift. Would anyone like to pitch in?
You realize that a plaintiff can’t afford to chase you too hard for $10K. Makes it almost impossible to afford an attorney.
Can I sell tickets to this thread?.. 
I can’t talk right now John, I have a copy of TREC regs and I’m all alone tonight, if you know what I mean. 
Don’t read that before you go to bed Nick. It will give you nightmares…:mrgreen:
If you start to feel too alone, just go outside and take some more close up
pictures of the bears with your IR camera.
Uh Nick
That would be your favorite dog man. And yeah, 10K today but with two KAR people on the board, your favorite dog man on the board and more than likely a member from a training school that you’re aquainted with in close proximity to the Fed Pen, that minimum limit will be upped considerably. You see the short term, today version, many of us already know what the long term picture is going to look like. It aint friggin pretty :roll:
So Paul, as the Law currently stands, you are happy with it? It seems you are just worried about how it might some day be revised.
As for the dog man, he belongs to a know, no-entrance-requirement diploma mill association with a 30 second online application that a dog could almost join: http://www.homeinspector.org/join/application/default.aspx This in sharp contrast to www.nachi.org/rigorous2006.htm
Anyway, as long as he doesn’t accept a board seat, or do anything to harm our members, we won’t sue him: www.nachi.org/documents/mollygetssued.pdf
The basic thoughts if I understand Paul & Nick correctly is this.
Nick - You think its good because it limits a home inspectors liability to $10,000 per occurrance for “Errors & Ommissions”.
Paul - You think its bad because many times the home inspector gets sued for breach of contract, negligence, economic loss, pain & suffering, etc - NOT just errors and ommissions (although you’d sure argue like crazy that the negligence, etc was an error or ommission).
**Paul **- If I read your thread right, you’re also worried that because the guy from Wichita (Jeff Barnes) along with the KAR lobbyist (Luke Bell) got the legislators to eliminate language that gave 1 Board seat to each a NACHI, ASHI and NAHI member AND got legislators to change the language to say - 3 home inspectors from Kansas with over 5 years experience in HI and over 1,000 inspections each. You feel that the inspectors on the Board will be an ASHI dominated Board WITH 2 other members that could be Realtors, etc. AND that could lead to the Realtors and Trial Attorneys RAISING the liability to $25,000 or $50,000 or $100,000 as they originally tried to do.
**Paul **- I think I also hear you saying that NO other profession OR trade in our state is **REQUIRED or DICTATED to by state law **to what limits they can contract for or negotiate for in providing a service to their customers.
Now - Have we got the basic thoughts correct so we can comment on everybodys thoughts on the subject??
A board can’t change the law. Who cares who sits on it? The most they do is approve CE course providers.
In case you haven’t figured out how InterNACHI has managed to get all these state course approvals, more than any other school or organization, I’ll let you in on a little secret… we don’t hold many licensing board seats. Opposite of what you probably thought, huh? A board that has fair make-up can do almost what it wants and I can’t complain or sue, no grounds. On the other hand, an association-lopsided board has to give to the minority represented association everything it asks for or else I can get a court injunction in about 15 seconds, or run straight over to the Governor’s office like we did in New Jersey years ago (Governor wiped out the entire law once we screamed board bias). No one wants that. Anyway, we’ve never had a single one of our course applications denied for CE puposes by any state, never, not once… and so we just keep piling them up… even our far outside SOP courses are approved, even our free online courses are approved, even our video courses get approved. No one on a lopsided board dares to even question them.
Deep down, I probably would be pleased if in fact Jeff the Dog did get on the board. With my camera crew to my left and my lawyers to my right, I’d own the joint. With his history, and once entrusted with the postion, he’d be forced to give us the farm.
I got rid of my ego years ago, cut it out like a cancer, I’m only interested in getting what InterNACHI members need.
Uh…Nick. Are you actually defining a good law as one that allows NACHI Tv classes for CEUs?
I hope not. There is more at stake here than “All is right with NACHI Tv, so all is right with the world”.
Anyone with more than two active brain cells will know that when a licensing board recommends an increase in “consumer protection” and finds a legislator willing to write a bill proposing it, it will pass quicker than $hit through a goose.
The law doesn’t “allow” or “prohibit” video courses. CEs are approved after a law is passed, and they all keep approving our advanced, online video courses… in part… because they are great www.nachi.org/advancedcourses.htm
My point was that a licensing board has almost no power at all. It can’t change the law. It, at most, can approve CE course providers… and they always approve all of ours everywhere.
InterNACHI was built from the ground up as a post-licensing trade association, and in a post-licensing world, inspectors care primarily about 3 things: member benefits, approved continuing education, and marketing tools. Sound like any association you know?
James said
Nick said
How do you see it?
Whew! I am so glad to hear that! I was beginning to be a little concerned about TREC. 
… and a licensing board certainly can’t adopt rule changes that apply to some inspectors and not others. Everything they do, good or bad, is applied evenly over all inspectors. If they make InterNACHI do 10 jumping jacks, every inspector has to do 10 jumping jacks.
You have been warned not to say the “T” word on this forum.
Men in black suites will be at your front door in 20 min…:mrgreen:
Try to understand.
Prior to this law, Kansas home inspectors had the freedom to run their own businesses.
Now, the state (with the help of the Kansas Association of Realtors and the ASHI presidents who helped them) will be running their businesses.
You are hung up on the NACHI/ASHI parity issues. No one else is. No one in Kansas is expecting to see blatant anti-NACHI laws put into place. They are expecting the same special interest groups who manipulated their government to get this law…to manipulate the board to even further their agenda.
So far, the advantage seems to be in favor of those who bought this law.
Excuse us for not being as excited about it as you are, Nick.
Yes.
Seriously, though, you have made the point I was trying to make on another thread.
You have made NACHI a fun and enjoyable hang out for home inspectors. It’s fun and neat and we get lots of free stuff. Thanks.
Post licensing inspectors…as you and I have so often agreed…are working in a dumbed down environment. You know that whenever you try to book a class with a $150 training fee in several of our licensed states that do not require CEUs. I know of one instructor in a licensed state that has no CEU requirements have two students show up for his class…and by the end, the one who was still there asked to be dismissed early.
In the dumbed down environment of post licensing home inspecting, the priorities are pretty much as you described them. That cancer has now spread to Kansas.
But our profession is at the bottom of an industry that is sinking fast. To survive, we will soon need to throw away our marshmallows and start eating steak. The profession needs leadership…not more vendors…to resolve the issues that are holding us back.
This latest takeover by a state real estate association is a microcosm of a national disease.