Originally Posted By: gromicko This post was automatically imported from our archived forum.
N.Y.: Assoc. Opposes Inspection Disclosure Bill
(March 18, 2004) -- New York State Association of REALTORS? opposes a bill that would require brokers and salespeople to provide prospective purchasers of one-to-four family residential property, including condominiums and co-ops, with a Home Inspection Qualification Disclosure Notice before the signing of a purchase contract or binder, says Mike Kelly, NYSAR's government and political affairs representative.
The purpose of the proposed disclosure notice, according to the language of the bill (S.B.6245), is "to explain the scope of practice and authority of persons offering to provide home inspections." The notice encourages the buyer "to obtain professional inspections and environmental tests." Such inspections and tests aren't required under state law.
The bill provides that willful failure by a broker or salesperson to provide the form to a buyer constitutes professional misconduct, which could lead to an investigation by the New York Department of State.
NYSAR opposes the bill, Kelly says, because "we don't believe practitioners should be responsible for handing out information about home inspections." Most practitioners probably do advise their clients to get inspections, but making the failure to do so a matter of professional misconduct is unacceptable.
Originally Posted By: Chris Norman This post was automatically imported from our archived forum.
No one likes to be regulated especially realtors. I think this bill gives our profession a boost.
Realtors hate so-called "deal killers" (a good inspector) for fear of losing income to themselves. The work a realtor does should be in the best interest of the client. A thorough home inspection is just that so why should they be opposed?
We need to educate realtors on the advantages of presale inspections and they would be less fearful.
Wish we had something like this going on in California.
Nick, can you educate me on lobbying efforts NACHI utilizes if any?
Originally Posted By: ecrofutt This post was automatically imported from our archived forum.
I have to agree with Joe F.
It's NOT a good bill.
It sets a precedent for other professions to be accused of professional misconduct for failing to inform a client of the need for other professional services.
What's next? Home Inspectors required to inform our clients about the need for a feng shui (sp?) practioner to arrange furniture in the home.
Okay, maybe that ones a stretch, but it makes the point.