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Is There a Good ol Boy Network Working in N.C.?


hausdok
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I have had the pleasure of sitting in front of the NC board when they were looking at using the NHIE as their exam. All I can say is the director runs pretty much everything and if he does not want a change it will not happen, regardless of what the board members want. As with many boards, the board members are puppets and are only in place to make folks think they have a say in the matter at hand.

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As with many boards, the board members are puppets and are only in place to make folks think they have a say in the matter at hand.

While I have to say I resemble that remark; we are fortunate here in that, so far, our Director has pretty much chosen to leave all rule making for home inspectors up to our advisory board and has adopted just about everything we've recommended without comment or objection.

By the way, our board is 100% inspectors. Our coalition fought Senator Spanel to a draw two years in a row. It wasn't until she finally compromised and agreed to change the board makeup in her bill to all inspectors that we finally backed off, endorsed her bill and it became law.

It's been three years since the board was convened and, so far so good. We just got word that the Governor's moratorium on new rules will be lifted in December and that we can begin tweaking the rules based on the past three years' experience.

My second two year term ends in July. Any of you Washington folks want to apply to serve on the board you'd best get your applications in early.

ONE TEAM - ONE FIGHT!!!

Mike

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Mike,

What kind of regulations have you folks put in place regarding referrals from agents? Has the board ever addressed the conflict of interest?

Could'nt you guys be the first in the country to put an end to the good old boy way of doing business, and take the control over our businesses out of the hands of the people who stand to lose the most as a result of a home inspection? Isn't it the responsibility of the board members to institute and uphold an ethical standard as well as an SOP? Where does the line get drawn when it comes to ethics? We all know how it works. It ain't right. It's not ethical.

I know you dislike it as much as anyone else does. Why can't people in the position to change this, do so? Who the hell is everyone afraid of?

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Mike,

What kind of regulations have you folks put in place regarding referrals from agents? Has the board ever addressed the conflict of interest?

Could'nt you guys be the first in the country to put an end to the good old boy way of doing business, and take the control over our businesses out of the hands of the people who stand to lose the most as a result of a home inspection? Isn't it the responsibility of the board members to institute and uphold an ethical standard as well as an SOP? Where does the line get drawn when it comes to ethics? We all know how it works. It ain't right. It's not ethical.

I know you dislike it as much as anyone else does. Why can't people in the position to change this, do so? Who the hell is everyone afraid of?

Hasn't MA addressed this in their law, at least partially?

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"State lawmakers proved yet again this week that it’s good to have friends in high places. "

Well, that certainly brings back bad memories.

I think IL has a lawyer, a real estate agent and a home inspector. At least, that’s who showed their faces at my hearing in 2008.

My story: I was forced to appear because of a complaint filed against me by a real-estate agent. He disagreed and was outraged with my findings which blew a deal for him. He was backed up in his complaint by some builder who supposedly told him that I was wrong.

There was nothing in writing from any builder or anything from a single credible source saying I was wrong in my assessments. The complaint even included a hand drawing from the real-estate agent as to how brick veneer wall is supposed to be flashed. A hand drawing!

At the hearing, the HI guy on the board looked over the complaint and found that I had reported nothing erroneously and the complaint was dismissed. He basically said the drawing provided by the REA was ridiculous. And yet I had to go downtown and waste a day defending myself.

This REA also sent a nasty letter to my client who backed out of the deal, saying he was not mature enough to own a house and he should just stick to renting an apartment. God, I wish my client had kept that letter. He was so mad he tore it up and threw it in the garbage.

Anyway, I was sure that this REA violated a bunch of laws himself and filed my own complaint.

1) has violated the Illinois Real Estate License Act of 2000 (Sec. 1450.220 UNPROFESSIONAL CONDUCT) by:

(d.) Deliberately misrepresenting to prospective purchasers or their agents the condition of the property.

2) has unlawfully acted as a home inspector without an Illinois State license in violation of 225 ILCS 441/5-5 (a).

3) has violated Articles 1, 2 and 11 of the National Association of Realtors Code of Ethics and Standards of Practice.

A lawyer called me about a year later and said this all sounded like small potatoes and they are not going after any REA over small potatoes plus they get 5 years to actually address complaints. I didn’t like what he said but I appreciated his candor. Nothing was going to happen.

This is nuts and bolts Illinois politics. I had to go downtown and defend myself against utter hearsay from an angry lunatic and yet my well documented and solid complaints against the same were ignored.

Epilogue: Since the complaint against me was dismissed, the REA on the board had to try to find other things wrong with my report which had nothing to do with the complaint. I did not have my license # and expiration date on the report. Oh wait, yes I did, but she thought it should be more prominent and at the top of the agreement. She also took exception to me giving estimates for repairs. Her analogy was if she were going to buy tires for her car, she would only want estimates from someone who actually sold tires. My mouth dropped open and I only closed it when I noticed flies were getting in.

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4. Registrants shall not knowingly permit a real estate broker or salesperson (as defined in M.G.L. c 112, § 87PP) to directly recommend his/her services. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between a specific buyer and the real estate broker specifying the real estate broker is acting exclusively for the buyer as a Buyer’s Broker.

5. Registrants shall not provide fees, gifts, insurance, waivers of liability, or other forms of gratuities to real-estate offices, Buyer’s Brokers, real estate brokers or salespersons (as defined in M.G.L. c 112, § 87PP and M.G.L. c 112, § 87YY½) and/or Seller’s Representatives.

Looks like the same old catch me if ya can BS we have here in N.Y.

Here's another question. Why does any state home inspection council have even one real estate person on the board? It's a home inspection council for home inspectors. End of story. How many home inspectors sit on the state realtor's board?

To me, it's real simple. You throw down the gauntlet. The fight starts. The fight draws attention. People begin to wonder what it's all about. They get educated. They understand. They know better. They jump on the band wagon. The serpent gets wounded. You'll never kill the serpent, but you sure as hell can keep it from getting back in control.

There is no good argument for their side. None.

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The Louisiana State Board of Home Inspectors was formed in 2000 from within the Governor's office and has 7 members, one for each of the districts in our State. They'll all inspectors. An attorney, paid by the DA's office, represents the legal concerns of the Board. Neither the Insurance commissioner nor the Board of Realtors has a voice in what our Board decides.

While I get pissed at some of things they do, I generally feel we've a good Board. All 7 members participate and have a voice. The Board actively seeks input from the inspection community.

Marc

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Mike,

What kind of regulations have you folks put in place regarding referrals from agents? Has the board ever addressed the conflict of interest?

Could'nt you guys be the first in the country to put an end to the good old boy way of doing business, and take the control over our businesses out of the hands of the people who stand to lose the most as a result of a home inspection? Isn't it the responsibility of the board members to institute and uphold an ethical standard as well as an SOP? Where does the line get drawn when it comes to ethics? We all know how it works. It ain't right. It's not ethical.

I know you dislike it as much as anyone else does. Why can't people in the position to change this, do so? Who the hell is everyone afraid of?

Hasn't MA addressed this in their law, at least partially?

Yes. Sellers' agents can't recommend a specific home inspector to a buyer. If asked, they have to give them the complete list of licensees. Buyer's agents can recommend specific home inspectors.

I've never spoken with an inspector who felt like that made any difference, though.

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