That is the part that scares me when I read about these guys advertising that they “exceed” the SOP in their advertising. That language allows the plaintiff’s attorney to explain to the judge what his client thought that meant at the time he chose to contract that inspector. It’s like letting the client write the SOP after the inspection is over.
“He said he would exceed the SOP, your honor, and he only spot checked the electric receptacles. The one he missed caught fire and burned the kitchen down.”
Gosh I can’t wait till the Kansas Bill gets up and in full swing. Many of the realtors have already given us the impression that they’re taking this as either a $10,000 repair allowance OR $10,000 warranty from the inspector.
I got another complaint from a customer yesterday.
According to his letter, our report talked about insignificant stuff but missed all kinds of significant issues such as plumbing, electrical and foundation problems. We also charged too much (he could have bought radon and mold test kits and saved himself money).
I looked up his report. It was done 6 months ago in 15 degree weather with snow covering the roof and ground. It was a rough stuff repo with the water and gas off.
The guy told us he was gonna strip it down and rehab it from top to bottom.
With the water off nothing that uses water could be checked in operation. The water heater and gas was red tagged by the utility company. Our report told him this and suggested he get everything checked by a licensed plumber when the water was restored.
We had over 20 electrical defects in the panel, the circuits, etc. Because of this we recommended that he have a licensed electrician evaluate the ENTIRE system and repair or replace defects as needed.
There had been foundation movements and repairs. We had water leaks at the foundation at that time. We noted this and recommended repair or further evaluation by a foundation contractor.
He was at the site with us and saw all of this 1st hand.
I’m seriously afraid that as the Realtors start trying to use the Bill as a warranty policy for people that don’t read OR don’t negotiate OR don’t take your recommendations - we’re gonna have this type of crap on a weekly basis. I also seriously believe that old guys like me won’t have patience to tap dance with these cretins and be inclined to tell them to go F-ck Off on a regular basis which will breed more complaints, etc!
In a licensed state, can you tell people to F_uck Off on a regular bases without getting in trouble by the licensing board? If not, I will be in real trouble if my state ever becomes licensed.
All we can do is put the correct language in the agreements, and explain it to the clients. They must read all reports/agreements throughly. Verbally tell them this. Actually, it is to the point where you have to have an agreement for the agreement. This bill will do nothing but create havoc for all. Thanks to Mr. Bell for this. And all of the committee members who knew nothing about this industry. Licensing is really only for attorneys, who get paid the bucks no matter what. Missouri, your next on the list. And, as living in Kansas, I perform 25% of my inspections in Missouri. How is that going to work? Oh, the attorneys will fiqure that out I am sure. We must stay tuff, and firm in everything we say and do. No slacking, guys.
In case nobody has told you, the KC boards recent newsletter talked about how its taken them 9 years (???) to get home inspectors regulated in Kansas and how proud they were.
Another article talked about how disappointed they were the Missouri legislators didn’t come through for them on licensing in Missouri this year. It then went on to state they were going to be pushing / supporting it in Missouri again next year.
A lender friend of mine was in Jefferson City recently at a meeting on predatory lending problems, etc. He said during the meeting a very highly placed person in the Governors office came in. While there several realtors broached the subject of why they didn’t get the licensing Bill pushed through on home inspectors this year. I’m told the person from the Guv’s office told them they were aware of their needs and it would be pushed through next session to take effect in January 2009.
Dan, don’t worry too much. I think I’ve killed this “Inspectors now have to provide warranties to cover everything up to $10,000.00” rumor before it got any life. Losers (no offense Dan) who pay ASHI dues which are then used to harm the industry are no match for InterNACHI’s attorneys and IT Department.
Nick, sent a copy of the letter to all of my RE/clients. Four responses. All just said “thanks”. Seems that there is a secret battle raging. As I, due to the bill and the economy, everyone feels stressed. It all may hurt the buyer in the end. Years ago, when I started doing home inspections, I considered joining ASHI, since I was not a member of ANY agency or orginization. RE’s at the time hated ASHI inspectors, because they had to do things they dictated. So, I waited. I have been an iNACHI member since Feburary, 2008. I believe I made a great choice. Perhaps now, we need to back off, and let the RE’s do the talking to their brokers. Let’s see what happens.
I basically heard the same thing. They must know something that I do not know because I heard that most Missouri legislators think there are bigger issues to handle than to license home inspectors.
A home inspector in this area typically charges from $275 to $325 for the AVERAGE house. Telling the inspector he CANNOT negotiate with HIS customer to take any less than $10,000 liability for that fee is ludicrous.
That means you are taking about 34-36 times the liability on every inspection than what you earned.
Using the same math - the commissioned used house sales person in Johnson County Kansas (the Kansas side of Kansas City) sells the AVERAGE house. It has the AVERAGE sales price of $267,000 +/-. The commission is $16,020.
So on every house sale, the commissioned used house sales people should be required by STATE LAW to take up to $560,000 liability on every transaction.
Again using the same math - the home builder in Johnson County Kansas builds the AVERAGE house. It has the AVERAGE sales price of $267,000 +/-. The builder makes a 14% profit, and realizes $37,000. SO he should be willing to have the state that his contracts CANNOT limit his liability to less than $1,300,000 per sale.
The list goes on AND on.
I’m sure the commissioned used house sales people, builder, sellers, etc would not any problem with being regulated the way the Kansas law does us.
By the way so we don’t accidently forget what is real OR not and call this something its not - The KAR (the Realtors) bought and paid for this law on ANOTHER profession with campaign contributions and votes.
It really ought to be called the Realtors / ASHI law.
Dan, if you don’t like how ASHI screwed you, why do you continue to give them the sweat of your labor in the form of membership dues.
Anyway, I don’t see that the new law prevents you from negotiating with your client on any issue including liability limitation. It only prevents you from unilaterally limiting your liability to an amount less than $10K.
Jim, I’m not doubting you, but can you show me in the law where you think it says that.
Anyway, what I mean by unilaterally is having the <$10K limitation pre-printed in the pre-inspection agreement… something you can’t do in Kansas any longer.
ASHI didn’t screw us. A bunch of yo-yo ASHI members with visions of “running the home inspection industry” in Kansas and playing house with the commissioned used house sales people screwed us.
We had a lot of NACHI, ASHI, NAHI, KARCI and MAREI inspectors fighting this, BUT the sales people dangled votes and $$$ in front of legislators.
The commissioned used house sales people’s lobbyist stood up time and time again and would state something like “We have huge amounts of problems with home inspectors in Kansas hurting consumers, because they’re unqualified and untrained”. BUT they could never back up their lies with facts. We were stupid enough to believe that FACTS from the BBB, AG’s office and consumer protection groups like HADD that showed these type statements to be lies - would prevail. They didn’t. Votes & $$$ did.
Why pay dues to ANY group, other than because the law requires us to belong to something. Although it was always alluded to be ASHI, NACHI and NAHI - Mr. Barnes got that language removed and its now “a National Home Inspector Association acceptable to the Board” or similar wording.
I’ve listened to all kinds of inspectors talk about how they’re mad at NACHI, ASHI or NAHI for not getting up to the plate and helping us out here. They’re gonna quit #1 and join #3, or they’re gonna drop #2 and join #1, etc.
I’m angry that with it coming down the tracks, KARCI sent email after email. Letter after letter asking people to join the group - sign up. Some did.
A whole lot just stood out in the parking lot complaining but didn’t join or put money into the pot to hire a lobbyist, OR come to meetings, etc.
Theres more than a whole lot of anger AND a feeling of being screwed by ALL national groups going around the inspection table.
Anyway, it isn’t as bad as it looks. The worst part about it was the “Inspectors now warranty up to $10K” rumor that started going around the real estate industry in Kansas, but the dues you paid to InterNACHI were used to quash it with http://www.nachi.org/kansas-letter.htm
I thank your right hand for paying your InterNACHI dues and offsetting the harm caused by your left hand paying your ASHI dues.
Dan, you are my friend and my hero, you have had an amazing home inspection career, matched by very few. If you want me to say the words, I will…
Quit these other yo-yo associations and declare yourself to be 100% InterNACHI.
A lawyer I know called me yesterday and said he’d been at a meeting for local lawyers in the KC area, AND one of the main topics of conversation was the new CASH COW in Kansas.
Anybody care to guess who or rather what group they were referring to!!
The number of suits will increase in Kansas. Don’t blame ASHI though. ASHI has no money other than what its members give it. Blame its individual members who feed the dragon that attacks their own town and eats their own children.