If a client does not ask for or request a contract than they are a fool. I am tired of paying and giving up my rights to protect idiots.
It should be as any other business transaction. Up to those involved about how it is handled. Good night I’ll catch up tomorrow. I have no desire to save the world from themselves and especially hate paying for the privilege to do so.
Each person should be in charge of their own due diligence. Survival of the fittest / smartest / most educated. I am beyond tired of our Country dumbing down everything because a great many people are idiots. That should be their problem.
A fool and their money SHOULD be parted as they do not deserve it
Heck Russ there is a guy in our town (ASHI member)that is a “licensed home inspector” not a GC, that brings a licensed Roofing Contractor with him to do his roof inspection portion of his report and then gives and estimate for the repairs needed for the deficiencies! WTF
I believe you are asking for legal opinions and I don’t think any one of the replies here is from a lawyer verse in Florida Stats.
I think I understand the depth of your questions and I was getting the impression you are a CGC and wanted to use employee’s for home inspection. Interesting and would be very interested in the outcome if this ever went to committee.
I just keep on working and don’t spend time on what others can or can’t do.
I have asked these specific questions to DBPR and they are reluctant to answer the questions. In all fairness to professional licensees, whether they be a licensed contractor - or a licensed inspector, I believe that the right thing to do from DBPR is to answer the questions up front- rather than finding out the answers from an attempted prosecution event from DBPR. That scenario would be a disservice to professional licensees.
I would speculate that the reason that DBPR does not want to answer these specific questions is because the answers will effectively nullify the home inspector licensing law. That scenario doesn’t typically go over to well with legislators when an unelected bureaucrat undermines a law or statue through a “rule” or order. It is fairly settled legal doctrine in Florida (look up Jim Walter exemption) that Florida Licensed Contractors can use unlicensed individuals to perform tasks for their respective companies (under the supervision of the license holder of course). As the Koning Dec. statement from CILB exempts contractors from home inspection licensing and has ruled that home inspection is within the scope of a contractors license, it would be further logical to assume that a Florida licensed contractor could utilize unlicensed employees to perform home inspections for their respective companies- if they were inclined to do so. If this is the case, then the home inspector licensing law has been effectively gutted.
My issue with the whole scenario as that the very spirit and intent of the home inspector licensing law (consumer protection) has been undermined and the typical consumer will not know the difference- until they file a complaint against a contractor for a screwed inspection and find themselves screwed due to the unaccountability of the licensed contractor with respect to inspections.
Excellent argument, you think like an attorney I know. Have you tried to submit the paperwork for a “Declaratory Ruling” or whatever the proper name might be? I have asked questions to the DBPR also regarding a half a dozen matters and they also can not or WILL NOT give definitive answers one might hang their hat on. The last part might be the answer-they won’t give replies to certain questions so we can’t hang our hat on the answers.
Again, it will be interesting to see where this goes. As an instructor for HI I should stay on top of this kind of stuff. As a working inspector, the time I spend chasing this is less time for productive work AND will cause me to take more than the 2 blood pressure meds I take now! Be well and good fortune
I have submitted formal Declaratory Requests to DBPR and have had them each denied under the legal concept of “lack of standing”. I am not a Florida Licensed contractor - and as such, I have no standing to ask these questions. I also believe that you are correct that DBPR does not want to answer these specific questions. Doing so would likely implode the home inspector licensing Division of DBPR. If my assertions are in fact correct, no prudent and astute Florida licensed contractor would renew their home inspection license this July. As the majority of the home inspector licenses were sold to contractors by DBPR as a revenue generating scheme, non renewal of unneeded home inspector licenses by contractors would likely leave the home inspector licensing division of DBPR grossly underfunded. Furthermore, a licensed contractor who also holds a home inspector license is likely needlessly subjecting himself to increased liability exposure as the dual licensee would have an SOP (standards of practice) and ethics provisions to be held accountable to - whereas the licensed contractor only does not have an SOP or ethics provisions in which to be held accountable.
