Posted with author’s permission:
Thanks for this Nick I get a very bad feeling from this .
Our industry sure needs a big improvement in many places .
I wonder where it is going .
I read about this when Jimmy first posted this. The real reason Jimmy was disciplined is because he’s a rock star, plain and simple.
I concur Roy.
The term At Arms Length comes to mind.
I have several real estate brokers that refer me. They do so because I am at arms length and work professionally.
The point here is more about maintaining compliance with the “code of ethics”, if such a condition does exist to find in favor of “removal” of membership. However, from a personal POV, I believe one would believe in a “fair and open process” to challenge the findings “prior” to being officially removed.
Interesting to say the least!
I agree, Claude. Maybe the whole story has not been told.
Here is the HIA-BC COE;
The member will express an opinion only when it is based on practical experience and honest conviction.
The member will always act in good faith toward each client.
The member will not disclose any information concerning the results of the inspection without the approval of the clients or their representatives.
The member will not accept compensation, financial or otherwise, from more than one interested party for the same service without the consent of all interested parties.
The member will not accept nor offer commissions or allowances, directly or indirectly, from other parties dealing with their client in connect with work for which the member is responsible.
The member will promptly disclose to his or her client any interest in a business which may affect the client. The member will not allow an interest in any business to affect the quality of the results of their inspection work which they may be called upon to perform. The inspection work may not be used as a vehicle by the inspector to deliberately obtain work in another field.
An inspector shall make every effort to uphold, maintain, and improve the professional integrity, reputation, and practice of the home inspection profession. He or she will report all such relevant information, including violations of this Code by other members, to the Association for possible remedial action.
No member shall be actively engaged as a broker or agent in the sale, purchase or listing of Real Estate.
The Inspectors shall not repair any condition found during an inspection or give cost estimates.
Agreed - we only see one side of the issue. Based on what appears to be “previous” complaints (whether true or not), there seems to be a history that transcends the letter that is posted in the thread.
Often one needs to see the whole picture to get the true perspective of the alleged breach of professional practice.
I’ve got a buyer up that way. Was going to refer Jimmy but he’s nowhere on the website. Just Gary Poirier, maybe I’ll give them a call.
Nick, as to your question, “Thanking a real estate agent on Facebook is giving something of value in Canada?”
The term value can be misinterpreted by any party. It conjures up; material or monetary worth.
The value for the client is your report.
We should be At Arms Length.
What can be perceived as wrong when Real Estate Agents Recommending Home Inspectors To Prospective Home Buyers?
Sometimes a selling agent will recommend particular home inspectors to a prospective buyer, sometimes a list of three is given out.
How did these inspectors “qualify” to get on the “approved” list?
Is the agent recommending a thorough non-bias inspector or is the agent recommending someone who will help protect the potential commission?
By avoiding what may be seen as a confited interest, thanking a realtor on facebook or any other social media, we inherit a position of trust.
Imagine that you are a RE agent from another company, or perhaps the rival within the same company. One may perceive that “preferred” endorsement as “compensatory” in nature and thus open up the issue of a claim or charge against professional practices.
From your earlier post regarding COE - 7. “An inspector shall make every effort to uphold, maintain, and improve the professional integrity, reputation, and practice of the home inspection profession.” That in itself with focus on “every effort to uphold …professional integrity” can be deemed an unacceptable practice.
HIABC should just let the Master Inspector Certification Board handle all their complaints for them as we have a valid process.
Nick, I concur.
That being said, associations should manage complaints that have been levied at their inspectors.
HIA-BC, Home Inspection Association of BC is handling what they think is an ethical infraction the way they think fit.
To further your response, if the inspector is a CMI, they should contact the CMI board and provide the board with any material deemed relevant for the inspectors expulsion.
This would promote good will and openness within the home inspection industry.
As for the first part of COE article (7), I see it as poor wording/phrasing. Too ambiguous a statement. Open to more than one interpretation.
What shocked me:shock: He or she will report all such relevant information, including violations of this Code by other members, to the Association for possible remedial action."
In essence HIA-BC inspectors become liable for all their actions, or lack thereof. HIA-BC Inspector’s can under go reprisals for not reporting inappropriate behavior by/from other members.
Years ago I was hired by a “home buyer - client” that was intended to help a lady that had what she deemed a “bad” home inspection. In doing so I found myself as a target of a ethics complaint, by providing a home inspection report that conformed a number of “missed” or “unaddressed” visible defects by a previous home inspector.
The home-buyer client used my report to substantiate a complaint against the original home inspector. I was reported for unprofessional practice by the association for trying to help this lady. BTW: This was the same association in which I held membership as a “retired” status home inspector.
It brings into question whether home inspection associations can independently respond and reinspect when a “consumer” of a home inspection service is being truly and fairly represented and arbitrated by a Professional Practices Committee. Furthermore it would seem to “discourage” fellow inspectors from getting involved in helping consumers with a “bad” inspection experience.
One of the major issues being, the claim of the original inspector only inspecting for approximately 1 hour and missing so many obvious conditions.
Been there, done that. We have one particular inspector with a large franchise operation who consistently provides poor inspection services.
On three occasions I have been contacted to do a follow up. The first was a heads up for me and I have declined to be involved on the other two.
The first one appeared to be a normal request for an inspection. When I presented my report, the Client produced the first inspection, compared the two and only then was I made aware of my Client’s purpose.
My Client was looking for ammunition for further proceedings. The franchise inspector received a reprimand for his performance and ordered to forgo his fee.
Small compensation for the missed information.
Claude, I can not comment on the ethics complaint for your particular case not being privy to the information, but I will say this. Ethics complaints are like any other complaint. 1: Not thought out well by the plaintiff. 2: They lack the basic fundamental of what a home inspection provides. 3: Ethics complaints are typically emotional and without substance to defend.
I get numerous calls yearly to reinspect homes that have had a purchasers inspection within the past 18 months.
I express to the may/could/would-be client/s;
A: If you agree to the following I will inspect the home.
B: Just because you hired me does not mean I work for you.
C: The inspection will be an independent assessment and based upon My findings.
D: I am not there to judge the previous inspector/inspection report nor do I want to see it until I have preformed my assessment and completed my report. Most times I do not want to see the report at all.
E: Due to my technique, equipment and expertise, what I observe and find will likely differ in some ways from the previous inspector.
F: The previous inspector may have preformed a SOP inspection.
G: Did you follow the previous reports recommendations?
If an inspector remains ethical to the inspection process and follows “SOP” they are being ethical and complying to their associations requirements to inspect a home. Any complaints made to the association should then become moot.
Reinspecting a property is not an ethical question. If a home inspector preforms a home inspection according to SOP, there should be no issues.
Who wrote that one?
Bryce, do you agree there are basic sop inspections?
If the inspector preformed a basic sop inspection how could something more detailed/technical be used as a comparison?
It is like purchasing a car. There are basic models and fully loaded models. They both go from point (a) to point (b) as expressed by the manufacturer but their price tag is very different.
1: A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below) SOP.
1.2. A material defect is a specific issue with a system or component of a residential property that **may have **a significant, adverse impact on the value of the property, or that **poses an unreasonable risk **to people. “The fact that a system or component is near, at, or beyond the end of its normal, useful life is not, in itself, a material defect.” We look for defects and deficiencies.
1.3. A general home inspection report shall identify, in written format, defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector. Inspection reports may include additional comments and recommendations.
The general home inspection is based on the observations made on the date of the inspection, and not a prediction of future conditions.
The general home inspection will not reveal every issue that exists or ever could exist, but only those material defects observed on the date of the inspection.
If you look at mock inspection reports they come in various degrees detail.
As for the franchise, they wished to repay the client. I am sure that taught them a lesson.:roll:
Do not quote scripture to me!
I said: “Who wrote this?” Was it you?
Ask a civil question and explain what you want.
Who wrote what?
1: If you where/are referring to my conversation with Claude, I wrote that post.
You going to suggest Raymond Wand?
2: If you are referring to where did I get the material explaining how I operate as a home inspector, I conceive my own business methodology.