Originally Posted By: dfrend This post was automatically imported from our archived forum.
From what I can find on it, inspectors pay a fee yearly and the state keeps those fees in a fund. Should a consumer file a complaint, they can recieve up to $15,000 including legal fees from the fund if the court determines the inspector was wrong. This includes negligence and gross misconduct.
My concerns: Is this going to cost us more each year over the dues, how much? If this is in place, do consumers have to use it before actual lawsuits? Who would view the complaints? Would there be some sort of review panel?
Originally Posted By: gjohnson This post was automatically imported from our archived forum.
Generally what happens in recovery funds are the following.
Not all Inspectors have to participate, only the ones that want to potentially be covered. If an inspector is sued in court and loses for something that the neglected or done wrong.
(Now here is the important part)
Just because a inspector is sued and loses does not mean the recovery fund will pay out. The reasons the recovery fund pay out are in case of things such as the inspectors company goes belly up or they do not have enough assets or insurance to cover the cost of the claim. This is like a last resort for the Home Buyers to have their claim settled. Generally it is capped at around $7500.00 (At least I think it is in Texas).
Usuall the buyer needs to go back and get a judge to sign an order to get paid from a recovery fund.
I have seen some of these work in other industries before.
-- Gary (Snicker's) Johnson - Free NACHOS
The NACHI Foundation
Executive Director
Originally Posted By: cmccann This post was automatically imported from our archived forum.
If you have a builders License in Michigan they require a initial deposit of I believe 50.00 and every year after that it’s 25.00. This is to keep the public safe from bad contractors, also to keep frivolous law suits to a minimum.
Originally Posted By: jmyers This post was automatically imported from our archived forum.
I believe it is a very good idea, indeed. There are many benefits to a national recovery fund besides those listed here.
One that would come in off the top of my head was the not only the marketing edge that it would give, but also in terms of consumer confidence and the legislatures perception that we will take care of our own.
In terms of insurance, I would even venture to say that it could have a long term effect on insurance rates, since if the inspector would go belly up, the insurance company would most likely have to pick up the slack.
Good idea in my book. I would not mind sending in $50 to $100 for this type of service.
Originally Posted By: George Moomaw This post was automatically imported from our archived forum.
Recovery fund, self insurance or a rose by any other name …
The fact of the matter is that some home inspector organizations somewhere will eventually need to come up with some type of an alternative to commercial E&O. Recovery fund is the right step in the right direction. This is the direction “branding” should have taken.
Originally Posted By: jmyers This post was automatically imported from our archived forum.
George,
I agree. Given the age of the A$HI association, this should have been done a long time ago. Most of the bad inspector reputation is coming from the those inspectors from A$HI that should have started this type of program, in keeping with the "what is best for the consumer philosophy".
Certainly they would have looked much better in the public eyes and those of the legislature, since they would have proven they are willing to police their own and in some cases, pay for their own.
Gary,
I used to get 5 to 6 hours of sleep a night. Ever since I caught that darn virus that is going around, it has been closer to 7 to 8. I have been fighting with this bug for over a month and I am waking up feeling more tired than when I went to sleep.
Originally Posted By: gjohnson This post was automatically imported from our archived forum.
Joe,
I think I got the same thing, I have been tired for like three days now and just can't seem to think clearly. I normally get 5-6 hours a night and do just great.
-- Gary (Snicker's) Johnson - Free NACHOS
The NACHI Foundation
Executive Director