The Lawyer Says The Kansas Law is Good...

You remember this guy. In between chasing ambulances, he is a real estate attorney who sits on the Kansas Assoc of Realtors’ purchased registration board. As vice chairman, he wrote an article advertising a $375 service by which he would help people “navigate around” the law after remarking on the inspector’s liability cap.

Please visit and add your comments.

He says the number who are objecting is “small”. I think it is the number who support the law to be “small” since, at less than 30 days prior to implementation, only 11 have registered.

I wonder how many home inspections he has actually performed. How then, in his right mind, can he hire someone to repair his own home, or even build one for him, that is not licensed, registered, or have business insurance?

If a buyer does not like his home inspector, fire him; hire someone else. It is amazing that people complain about home inspectors, but the BBB in Kansas and Missouri together only have single figure complaints. There are far more complaints against repair persons, contractors, etc. Why aren’t they licensed?

The average real estate agent has no idea that the “association of home inspectors” involved with this bill will have the right to conviscate any record, document of any home inspector. Their names, addresses, clients names, inspection results, sellers names, addresses, phone numbers will all no longer be private, and subject to conviscation by this “national association”, board members, and attorneys representing the board. Even our personal tax records, cable bills, utility bills, computer hard drives, checking account numbers, all will be open to all board members. Real estate agents, inspectors, real estate companies, office brokers better beware of what is about to happen.

How about posting a comment on the same page he posted his BS, Gary.

Ask him why the same realtor association pushing to license inspectors is spending money fighting building codes?




Thank you, sir. Please encourage others. The Governor is watching along with a couple more news stations.

Apparently Mr. Brunk is ultimatley violating his code of ethics, and the oath of office he took as a house representitive in the State of Kansas. He should then resign, as he is not pushing laws that are in the interest of the consumers. He is only concerned about his own well being, and his pocket. Rumor has it that more are considering resigning from the Kansas congress, along with Senator Wysong. Several lawmakers were seen recently by a certain reporter crusing the halls of the state capitol. Why?

Lawmakers of Kansas, the attorney general, and governor better get this fixed and solved by January 1, 2010, or just trashed altogether before this thing gets larger, all the way to DC.

Oh. I am fiero. Thanks to all.

Comment 17 under the Vice Chairman’s weak response to the article written by the Kansas City Star reporter challenging the new home inspector law, is from Nancy Seats who is the President of Homeowners Against Deficient Dwellings.

I do not believe that there is a more active consumer advocacy group that has to do with the housing industry than HADD. Be it forever known…and often repeated…that the only CONSUMER GROUP to take a side on this home inspection legislation OPPOSED IT.

Here are Nancy’s remarks, preserved for when the thread we have linked to is no longer active:

Thanks, Nick, for the post and the support.

I not only posted a comment James, but I recommended it too. :smiley:

Wow, Brian. I know how difficult it must have been for you to support us. ;-)Thanks, for real.

Posted, Jim. This guy is a clown, and a whore.

Hope this helps;

Great posts guys. Thanks for the support

Thanks, Will.

I’m Stunned…will keep adding more too…!!

Thanks, Dale.

Hey, when you are right, you are right.

My pleasure.

James, while we have differing opinions about the Licensing of our profession, in your State Licensing of HI’s makse no sense whatsoever. :slight_smile:

You made an excellent argument for your case by pointing out the lack of enforceable building standards/codes in Kansas.:slight_smile:

And I do believe that many, in the Licensing game are in it, just to line their pockets. :frowning: (NHIE, HI Schools, etc)

OK. Here’s the thing:

  1. Kansas has most counties that have no building codes. Government dropping the ball with regards to protecting the public. I can, at least in part, understand, because Kansas is, primarily, a rural state with very little local government taxes, and therefore, very little local government revenues with which to fund code enforcment and code inspectors.

Point 1, the local government is dropping the ball with regards to protection of the public, their primary charge.

  1. The State of Kansas has no State licensing of general contractors, and the various sub-contracting trades. Therefore, there is no mandatory training, testing or validation of professional qualifications.

Point 2, the state (and local) governments are dropping the ball with regards to protection of the public, their primary charge.

  1. With so many new construction houses (based upon the building boom of a couple of years ago) that were built without any government mandated standards of quality, and with, for the most part, so may unqualified and un-professional tradespeople building these houses, they are, to put it mildly, not well built houses. They are not built well with regards to quality, but more importantly, they are not safe, based upon the current, nationally accepted, standards.

Point 3, the state and local governments are dropping the ball with regards to protection of the public, their primary charge.

  1. When older houses are repaired or modified or upgraded, the work is usually done by the lowest bidder. The public has an (unwarranted and false) expectation that these tradesman are trained and qualified and licensed (and if they have a buisness license, they can, legally, state that they are licensed, which further confuses the public) but in most cases, they are neither professional or qualified.

Point 4, there are many older houses that have been repaired or modified, so as to be sub-standard in quality or unsafe. Again, the public’s expectation is much higher than the factual reality, because the government has dropped the ball.

  1. When Real Estate agents try to sell these houses (new or used), the buyer’s will hire a home inspector. Most times, these inspectors are trained, qualified, professional and ethical. Given the perfect storm of housing defects out there (both in new construction and in older houses) these inspectors call out these defects. Since most inspectors are good, the buyer gets a bad smell from the houses and either backs away from the deal or demands the seller either fix the problems or lower the price. This makes trouble for the sellers, and for their agents. Sellers, wanting top dollar for their property, and agents wanting the commsission (especially during this depression in housing prices and sales) see the home inspector as the problem.

Point 5, the Real Estate community (which is very well organized and had big political lobbys in the state) try to change the paradigm.

  1. Most times, the agents have connections with the builders (preferred listing agents for new construction) and the builders also have a powerful state lobby. Various tradesman groups also have powerful lobbys. Then there are the lawyers, we see a great opportunity for more income through more litigation. Also remember that, many times, lawyers are also state Representitives and Senators and political consulants and congressional aides. So, given all these special interest groups who stand to make more money (and gain more political power) look for a scapegoat.

Point 6, the home inspection industry has very little political clout or money to affect and lobby (read: bribe state officials) to protect their interests.

  1. There are some Home Inspector associations whose leadership is more interested in affecting legislation, havings states mandate schooling (which they sell) and testing (which they also sell) and licensing of home inspectors (which they can control, and sell) than they are in actually doing good quality, professional hokme inspections. Since their goals are in accord with the Real Estate, General Contractors, Tradesman organizations and lawyers, they form an alliance. In essence, they are betraying the rank and file of their memberships so they can line their own pockets. This is similar to the various national union leaders who regularly sell their membership down the road in exchange for political power and their own personal, financial gain (i.e., Teamsters, SEIU, AFL-CIO, Autoworkers Union, etc).

Point 7, some national Home Inspector Association leaders get in bed with the other special interests, and betray their membership’s interests.

Finally, someone has to be left holding the bag. The government can’t because they would not be re-elected. The Realtors can’t because they have to make sales and recieve commissions. The builders can’t, because they have to pay off the loans the recieved to buy the materials and hire the workers that they need to build the houses. The tradesman can’t because they are, usually, working on such a small margin and have to continually work to get more work. Some national Home Inspector associations want to sell their products (rather than represent their membership) and promise their members easy licensing (for a fee).

Who is left? The professional and qualified home inspectors who do not belong to a particular national Home Inspector Association and who do a good job for the client.

Pass licensing legislation (and make it hard for the independent inspectors to obtain a license), and eliminate limits on liability for the small inspectors.

The state makes money on the license fees. The state also sets an SOP where the inspector has to write the report a certain way. Some national Home Inspector associations make money, in new membership, in training, in testing and annual dues. The builders and sub-contractors make money because they can sell their houses and thei services more easily. The Realtors make their sales and their commissions.

FInal point: Does it make sense that the government, who did not set standards for construction or general general and sub-contractor training and licenseing, gets to pass off their responsibilty to the inspectors, AFTER the houses have already been built? Does it make sense that the GCs and sub-contractors get off without any responsibility for their shoddy and sub-standard work? Does ity make sense that the Realtors get off selling houses that are badly and unsafely built? Is the public truely served?

Why is the home inspector, the only person in the whole process who ONLY represents the home buying public in an unbiased way, gets all the liabilty and responsibility when so many others, up the food chain, have already decided that they want no part in protecting the public.

A very sad state of affairs.

Thank you Mr. Decker. Those are very strong points which should have addressed by the Kansas Legislature and the now departed Governor, prior to putting the cart before the horse. I guess dropping the ball is easier accept when you go home with that twenty dollar PAC check for the re-election war chest at the end of the day.