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Dave Hill
11-06-2008, 10:57 AM
Hi Folks,

I was just reading the Nov-Dec "Official publication of the AZ State BTR". Those certified AZ inspectors would/should have received a copy. I was reading the Disciplinary section, and was surprised at the hefty fines some inspectors received. One was $845, plus he has to take a open book test, and is on probation until these have been completed.

I'm wondering what report type and software type locals folks use to keep compliant with ALL the details to meet the Standards of practice for AZ HI's?
(although I realize you must be a competent inspector first!)

Just to get things started. I use Homegauge which I use to provide a narrative report to my clients.

Thanks guys, have an awesome day!

Dan Harris
11-06-2008, 01:42 PM
From my experience thare is not any reporting system out box that comes close to meeting all of the AZ Standards.
Home Gauge, 3D and others that are capitable of changing/ adding narritives to meet the standards are good programas.

I don't know about HG, and other programs. 3D does have an option that can require you to report items [ that you decide] be included in the report before the report will print.

The best tool and easiest was to assure that your report does meet the AZ SOP, down load the check list from the BTR site, [ this was updated last month] and verify all 80 items, item for item to be sure your report does list /include each item, does idenitify type of every item, and identifies the condition of each item.

Raymond Wand
11-06-2008, 01:52 PM
Dave,

Would there happen to be a weblink to those disciplinary cases?

Thanks,

Raymond Wand
11-06-2008, 03:29 PM
Wow, that sounds pretty tough. Is there an Appeal process?

Ted Menelly
11-06-2008, 04:17 PM
It is asinine to fine someone for not mentioning something a home does not have in it. If the state required that it be on a formatted report like Texas does and you did not mark it at all such as inspected, not present, in need of repair, not present then I could see them being able to hold up a fine. But to not have a standardized form as Texas does and fine you for not even mentioning it at all in where the home does not even have one is about the most foolish thing I ever heard. I would say that one test with a half way decent lawyer would squash the end of those fines.

OOOPs did I speak to bluntly?

A little edit here

When do they get your report? Thru a client? Or are you required to send all reports to the state for review? I doudt that one but just asking.

Rick Cantrell
11-06-2008, 04:26 PM
Sounds like fishing to me.
Through out a line and see what we catch.

What happened to due process?

Raymond Wand
11-06-2008, 05:20 PM
Draconian to say the least. I bet under closer scrutiny under a courts review these procedures and investigations might be overturned there does not seem to be due process. Shouldn't everyone have the right to know your accuser(s) and see the evidence in order to repute it? Not to mention leaving you waiting for 6 months to a year to find out what you did wrong as reported by unkown entities. Thats not right.

Ted Menelly
11-06-2008, 05:24 PM
It is fishing and it is a bunch of bureaucrats justifying their jobs. You send whatever report they tell you to, usually based on a complaint. Oh, did I mention that anyone can file a complaint? Doesn't have to be your client and they remain anonymous.

Your 'friendly' competition could call and say they think xx report you did doesn't meet the standards and they want it investigated. You never know who called. You don't know why anyone complained until after the "investigation" which takes 6 months to a year.

Look at the link and the "infractions", also, the dates on the latest cases (over half are failing to get a signed agreement). Another biggie is failing to describe "columns". I'll bet most of these houses didn't have columns. They don't actually go out and look at the house, they just look for the report section on "columns".
This is licensing run amok.

The state mandates you have a signed agreement? Do they say whether you can have linited liability or not? Can The agreement just have to say that they agree to have you do an inspection for them. What the heck are they looking for. Sounds like some pretty must up YOU MUST DOES. Your folks have some pretty serious issues that they need to fix and take the badges off and get their acts together.

There are many things Texas says we have to report on and must be part of the formatted reports. All you have to do is check not present to an item if it is not there. If it is there and you do not find anything wrong (some items) then you just marked inspected, maybe where it is at, the size of a unit or something but if there is nothing wrong then it is a simple drop down box or something. They appear to have standards but then if there is not a column present you actually have to write what exactly????

Mike Schulz
11-06-2008, 05:25 PM
Our State basically does the same thing. Once there is a complaint the whole report gets looked at and other stuff can be added to that complaint if missed.
They also do random report viewing. They call you and you have to send in what ever amount of reports they ask for. I was picked randomly and I believe it was just one report sent in. I guess I was OK I never heard back from them.

CHARLIE VAN FLEET
11-06-2008, 06:24 PM
could,n't open that web site

Dave Hill
11-06-2008, 09:13 PM
could,n't open that web site

try this:
BTR - Board of Technical Registration (http://www.btr.state.az.us/general/disciplinary_info.asp)

at the bottom of the page, middle, is the link to the document that shows guys that got busted.

It really looks like there is not a way to have a report w/o any problems, just like a home inspection, they always find something. So I keep tweaking my report, and it gets bigger, and bigger, and bigger. Then my clients say, "it's too big". Oh well.

Jack Feldmann
11-06-2008, 10:16 PM
The AZ SOP's is basically the ASHI 1992 SOP. What is so hard to comply with? Am I missing something here?

CHARLIE VAN FLEET
11-06-2008, 10:32 PM
after reading some of the claims i say hooray to who ever caught these inspectors

every claim on there is covered in my report template--i can't miss checking them, why did they

we are all there to serve our client

i inspect every clients home as if it is mine-i don't want to miss anything.

we all screw up sometimes, but the ammount of stupid things missed in those claims is pure incompetents
sorry but i applaud the counsel in charge
charlie

great web site will share with my group

Ron Bibler
11-07-2008, 12:00 AM
The states are all looking for money. and we HI. are on the radar. Calif is going to hike the sale tax 1 1/2% and $12 on all cars LIC. If they can fine a little inspector for a few bucks they will.

Better spend an extra HR on each job and inspect everything a few times.

Best

Ron

Ted Menelly
11-07-2008, 08:41 AM
After reading through all the posted home inspector fines I will say I write most of what I see in those infractions up anyway.

I guess I would have to read the Arizona guidlines but what is with have to name the type of heat source for every room. Does that mean if there was something wrong they did not write it up or you do have to literally write what type of heat source there is for every room.

I noticed the thermostat was in there a lot. What is it to write. Are they saying the thermostat did not work or you have to write up what type and make of every thermostat in every home. If it works it works.

I have no argument with most of the things they got written up for.

My question have they ever heard of a repromand and not just fining everyone for evry thing. Or do they figure if we charge him for it he will better remember. Are these fines going to the board or are these fines going to the individuals that the inspection was done for. Are they randomly asking inspectors for reports to review or are these based on complaints from the clients. If they are just for review are they calling the client and telling the client that you improperly wrote up these here 5 items and you should sue the inspector.

I don't know. I am for take the badge off and be hunman. When someone gets a badge on there chest (figuratively) they just get out of control. Review the reports, state what the guy did wrong and tell the inspector that they will randomly monitor him over time to make sure he is adhering to the standards. If it is in the file for the inspector that he already screwed up on an item then fine him.

It should be an education, not a conviction. We all learn something new everyday. Some of us, most all of us, get the blinders on somtimes and need the blinders removed. A repromand will do it for the vast majority of the humans on this planet. Well, a dog for that matter.

Rick Hurst
11-07-2008, 10:32 AM
Ted,

Ever notice how on the TREC newsletter, all of the reprimands are against the agents and not much ever against the HI's.

I think here in Texas anyway most of the HI's walk a pretty straight line when performing their inspections.

I have never seen complaints listed or investigations as such on the Arizona site here in Texas. The last Texas HI I read with a complaint was over something like a missing tub stopper. Now how the hell did a missing tub stopper get to a point where a complaint was turned in. Did someone refuse to buy a tub stopper to satisfy a buyer or what?

Yeah folks, in Texas you must report if a "tub stopper" is missing.:rolleyes:

Again, if you look at the complaints its mostly against the agents who don't disclose things properly or they don't do their CEU training on time.

Ted Menelly
11-07-2008, 10:53 AM
Ted,

Ever notice how on the TREC newsletter, all of the reprimands are against the agents and not much ever against the HI's.

I think here in Texas anyway most of the HI's walk a pretty straight line when performing their inspections.

I have never seen complaints listed or investigations as such on the Arizona site here in Texas. The last Texas HI I read with a complaint was over something like a missing tub stopper. Now how the hell did a missing tub stopper get to a point where a complaint was turned in. Did someone refuse to buy a tub stopper to satisfy a buyer or what?

Yeah folks, in Texas you must report if a "tub stopper" is missing.:rolleyes:

Again, if you look at the complaints its mostly against the agents who don't disclose things properly or they don't do their CEU training on time.

I know. The tub stoppers. what a joke. I can see if you noticed where the stopper belongs or hooks into is all screwed up or damaged. They do still sell the little rubber ones. Crazy stuff but if we must we must.

I just got off the phone with a realtor that said her office says that the agents have to list at least three inspectors when referring inspectors. She was told that due to the large amount of home inspectors that get sued in Texas they had to refer at least three to limit there liability. I referred her to the trec web site as well. Of course it was a nice converstaion because I would love to be on her list. She sells almost all high end homes. I just inspected a large home in keller that she listed and everyone from the buyer to the seller to both agents and the builder appreciated my thoroughness and lack of all the bull disclosures such as I can't see thru walls. Plain simple and complete and they all love it.

I can see in many cases , most cases, where the AZ home inspectors were written up but I am a believer in the fact that I never had to strike one of my children to keep them in line. Simple teaching and understanding is all that needed. Teach a child in a kindly manner that they should respect themselves and it becomes automatic that they respect others.

The home inspection business is a constant learning process. To slap a home inspector across the face with automatic fines , to me, is rediculous. Kindness and teaching goes a long way.

I think it is amazing that in the state of Texas that there are countless home inspections every day of the week. Out of all of them daily, weekly, monthly and yearly that there are practically zero, in comparison, law suits of any kind against home inspectors.

I do truly believe that it is the formatted report that has the items that must be listed and written about. No doubt in any mind just by looking at the report format of what we must inspect on. Of course you do have to know what extent of the details to be written on but there is the constant reminder that we have to report. The other states don't have a particular state madated formatting that they must follow other than what is in their standards and then they have to make sure with out reminders of everything they have to report on. That is where everyone gets into trouble.

A.D. Miller
11-07-2008, 01:43 PM
It's a really shame that the TREC )Texas) SOP does not provide for fines regarding "bad reports". If it did, we could do away with the property and sales taxes and still have money left over.

Aaron

Ted Menelly
11-07-2008, 02:18 PM
It's a really shame that the TREC )Texas) SOP does not provide for fines regarding "bad reports". If it did, we could do away with the property and sales taxes and still have money left over.

Aaron

Say What??????????

Dave Hill
11-07-2008, 04:34 PM
The AZ SOP's is basically the ASHI 1992 SOP. What is so hard to comply with? Am I missing something here?

No you are not missing anything. It is easy to comply, the problem I have is that there is so much room for interpretation. Luckily, I haven't had a complaint (knock on wood!), so I don't know if you even get a chance to defend yourself.

The 80 point checklist mentioned by another HI on this thread is full of grey areas. Yes, I'm sure it is helpful to get a HIGH level of compliance, but without a standard type of report, I get the feeling that the board can find problems with ANY report submitted. No, they don't do random testing, only when you get a complaint (as far as I know). For a fee you can submit a report for review.

For example, we must report on "condition" of every item on the checklist. No standardized wording mentioned to do that. On the front page it even says......
"Application Reviewers and Enforcement Advisory Assessors Please Note: Many different terms are likely to be used to describe satisfactory or unsatisfactory conditions in a home inspection report. Various terms will be acceptable, if these words reasonably convey positive or negative conditions."

So what if the poor HI has a bad vocabulary, and in his mind is describing the condition correctly, but the Enforcement Agency doesn't read it that way? Bamm! A fine, and other actions could be levied.

I guess it's a good thing to be scared by your governing board, but clearer descriptions, or a standardized report (like Texas) may prevent a lot of fines.
(or is that a bad idea?)

JMHO

Scott Patterson
11-08-2008, 08:05 AM
The AZ SOP's is basically the ASHI 1992 SOP. What is so hard to comply with? Am I missing something here?

Exactly!

I know a couple of the folks that read, compare and interpret the reports for the state in AZ. All of them are experienced long time inspectors. They just go line by line of the standards and line by line of the report. If their is any interpretation then they tend to lean on the side of the home inspector.

Many if not most of the licensed states operate in this manner.

In my litigation support in cases either for or against home inspectors, I do the exact same thing. Line by line all the way through the report. I would say the 75% of the home inspector lawsuits are due to the inspector not writing a good report and leaving too much open for assumption or is that interpretation!

Dan Harris
11-08-2008, 09:02 PM
So what if the poor HI has a bad vocabulary, and in his mind is describing the condition correctly, but the Enforcement Agency doesn't read it that way?




When a complaint is filed by the customer , it's not how the Enforcement Agency reads the way the report is written, or how the defect was described, it's how well the customer understood the info.

If a complaint is filed against us, we do have a chance to defend/ give our side of the story to the Enforcement Agency on items in the complaint, and any report writing items that did not appear to meet the SOP.

Ron Bibler
11-08-2008, 10:03 PM
One part that I have a problem with If we have Home Inspector going over the reports for the state. That is a mess as they may not under stand the LAW.

The same way that the state LIC boards have a problem understanding the Laws. We have LIC Law. / Civil law. and Criminal Law and this is the point that some get it all mix up. This is something that should not be in the hands of someone that has no understanding of the law.

Where Lic Law is Imposing Civil Law. I would never sit down with a state Licensing Board without an Defense Lawyer to keep the state from asking a Civil Law question in a Lic Law forum. and they will. if not to trap you its they don't understanding each set of Law and how it each Law works. Thats the point i don't like about state Lic. boards. they tend to trip all over this one issue. and it the little HI. Gets it in the wallet...

I hope i got this Law stuff correct?:eek:

Say Scott just what would you say is the most common miss up by HI.?

Best

Ron

Dan Harris
11-09-2008, 08:36 AM
One part that I have a problem with If we have Home Inspector going over the reports for the state. That is a mess as they may not under stand the LAW.

The same way that the state LIC boards have a problem understanding the Laws. We have LIC Law. / Civil law. and Criminal Law and this is the point that some get it all mix up. This is something that should not be in the hands of someone that has no understanding of the law.

Best

Ron

I"ve seen lawyers, and other HI go over the reports. I'll take another HI reviewing my report every time.

Not sure where you consider one needs to understand the laws.
Reports are only reviewed to verify they met the minuiumn standards.
To meet the states min requirements, one can simply add a comment to every item on the check list.

Scott Patterson
11-09-2008, 08:50 AM
Say Scott just what would you say is the most common miss up by HI.?

Best

Ron

I would have to say it is a several things:

1. Not reporting what was not inspected and why. A picture helps big time.

2. Not reporting an item/area was inspected, but leaving it open to the assumption that it was.

3. Ignoring a complaint from a client, thinking it will go away! This is the one that really tends to get more inspectors in trouble.

4. Writing reports that are loaded with terminology and inspectorspeak that your client does not understand. Speak in simple terms, in the first person and write the report in a way that a 6th grader could understand what you are saying.

5. Under reporting (aka...Soft reporting, Realtor friendly reporting) the severity of the condition so that the problem does not really sound as bad as it is or will become. This is the one that tends to cost inspectors the most money.

Ron Bibler
11-09-2008, 10:51 AM
I"ve seen lawyers, and other HI go over the reports. I'll take another HI reviewing my report every time.

Not sure where you consider one needs to understand the laws.
Reports are only reviewed to verify they met the minuiumn standards.
To meet the states min requirements, one can simply add a comment to every item on the check list.

Hi Dan I bet you have never been before a state Lic board or work with them. I had one of these wack jobs in my office one time about 20 years back just doing a drop in Gestapo office inspection. He put his boot on the corner of a table and started to shine his boot then look at me and said he was one of 6 state G-MEN. They get the badge and it goes to there head. the Law goes out the window. Most of them can't make it on out in the work place so the get these $ 15HR State jobs.

Thats where the line in the sand is. its a Blur

Sorry for the rant... gets my blood up to my head to fast...

Best

Ron

Dan Harris
11-09-2008, 11:51 AM
Hi Dan I bet you have never been before a state Lic board or work with them. I had one of these wack jobs in my office one time about 20 years back just doing a drop in Gestapo office inspection. He put his boot on the corner of a table and started to shine his boot then look at me and said he was one of 6 state G-MEN.

Best

Ron

I do work with the state Lic board. We are not permitted to disclose results of findings.

Gestapo office inspection ?? Per state law the inspector can be fined up to $2000 per offence.
HI on the committees do not decide how much the fines are.

If an inspector has a complaint filed against him, the least of his worries should be about what the state does, it's what an attorney has, or could be done on that inspection or inspections in the future.

If you talked several of the inspectors on the list you will find, the list/number of complaints or items that were in question were often 2-3 times more than what they were fined for.

I also review complains filed against inspectors. The inspectors listed that paid fines for not meeting the SOP are only a small percentage of inspectors that had a complaint filed against them.
As Scott stated the committee leans to, or at least gives the inspector the benifit of dought.

I can state, to date I have been on committee reviws with over 40 inspectors. To date, to the best of my knowelge not one of them left with the attitude they were screwed over.
In fact after the process every one stated the process was fair, they also stated it was a great learning experience.

Ron Bibler
11-09-2008, 02:54 PM
Dan thanks for the possitive feed back. i did not want to paint all in one box. That was just my first and only encounter with the State G-MEN

I known a lot of Guys will do the right thing.

Best

Ron

Steven Meyer
11-10-2008, 11:38 AM
Be careful what you wish for, you just might get it!!!

This is a classic example of state HI laws gone amuck! It is one thing to fine/go after a HI for missed problems on a report, but to go after a HI for how he/she writes a report is a little over the top.

This is typical government: making a big issue out of nothing just to justify their jobs and enhance their self esteme and power over others.

A free market, when allowwed to work, the good drives out the bad. When the bad makes a mistake, the civil courts are the best at correcting the problem. At least in that manner, those who have been "damaged" can get relief (financially) not money in the amount of fines going into the state treasury.

The state licensing, therefore does not protect the consumer in any way, either before or after damage has been done to the consumer.

Dan Harris
11-10-2008, 12:57 PM
Be careful what you wish for, you just might get it!!!

This is a classic example of state HI laws gone amuck! It is one thing to fine/go after a HI for missed problems on a report, but to go after a HI for how he/she writes a report is a little over the top.

This is typical government: making a big issue out of nothing just to justify their jobs and enhance their self esteme and power over others.

A free market, when allowwed to work, the good drives out the bad. When the bad makes a mistake, the civil courts are the best at correcting the problem. At least in that manner, those who have been "damaged" can get relief (financially) not money in the amount of fines going into the state treasury.

The state licensing, therefore does not protect the consumer in any way, either before or after damage has been done to the consumer.

Ahhh ole stevie boy is back :)
Civil court?? If an inspector screwed up and did not provide a report to standards, the lawyers will milk the consumer, and the HI out of thousands of $$s long before the civil court comes in play.

I'm not in favor of fines, [ knowing I will be fined sure gives me the incentive to make sure my reports do meet the standards] I do have to ask.
How is the consumer not helped if an inspector gets his hand slapped by a fine, if that inspector provides a report that meets the standards on inspections in the future?

Ted Menelly
11-10-2008, 05:59 PM
Ahhh ole stevie boy is back :)
Civil court?? If an inspector screwed up and did not provide a report to standards, the lawyers will milk the consumer, and the HI out of thousands of $$s long before the civil court comes in play.

I'm not in favor of fines, [ knowing I will be fined sure gives me the incentive to make sure my reports do meet the standards] I do have to ask.
How is the consumer not helped if an inspector gets his hand slapped by a fine, if that inspector provides a report that meets the standards on inspections in the future?

Dan

I agree that a fine does stand out and force the issue to properly report on items. As I mentioned above. I may not have said it like this but ....Why kick a dog in the side to get him to sit when you say sit when kindness and gentle persuation make a much better dog. Immediate fine. I just can't see it. As so many will say on here. Do inspectors miss things, even if it is just part of something or minor and really does not amount to anything?????? I would say , yes. We all miss things. If it is a complaint from a client and you did miss something. Pay for it. If you missed something and the board is just doing a reviewing thing then bring it to ones attention and further evaluation and then possibly a fine.

I have never been inclined to go with the hard ball approach right off the bat. I don't like bullies and have never dealt with friends , children or employees in that manner. Nice makes for a stress free life.

Ron Bibler
11-10-2008, 06:27 PM
Can't we all just get along? NO!:D

But we can try. if not then we can fine you $ pay up suckers.


Best

Ron

Dan Harris
11-10-2008, 09:54 PM
Dan

I agree that a fine does stand out and force the issue to properly report on items. As I mentioned above. I may not have said it like this but ....Why kick a dog in the side to get him to sit when you say sit when kindness and gentle persuation make a much better dog. Immediate fine. I just can't see it. As so many will say on here. Do inspectors miss things, even if it is just part of something or minor and really does not amount to anything?????? I would say , yes. We all miss things. If it is a complaint from a client and you did miss something. Pay for it. If you missed something and the board is just doing a reviewing thing then bring it to ones attention and further evaluation and then possibly a fine.

I have never been inclined to go with the hard ball approach right off the bat. I don't like bullies and have never dealt with friends , children or employees in that manner. Nice makes for a stress free life.

I think we all agree with this.
Considering we lost apx 1000 inspectors over the past 2 yrs, I assume the state is looking for all the revenue they can get to have agencys support themselves, I don't expect to see any changes soon.

The only way to beat them is all of us need to make sure they cannot nail us for not complying with the SOP, provide the best reports we can, and force the state go after the non-lic guys that get caught pay the $2000 fines...
,
To get additional $s here they are putting up 100s of photo radar on the freeways, took several 100 thousand $s from the contractors recovery fund, and who knows what else.

All in all it still beats competing with inspectors that only qualifications are a little as paying a person for an instant online certificiation :)

Ron Bibler
11-10-2008, 10:06 PM
Make up time. we just had the Gov-en-ator Arnold. say he wants a new sales tax in Calif. and $12 PER Car for lic fee. A few years back we had the Structural Pest Board kick up the LIC. fee to offset there cost.

then we pay a $ 1.50 per inspection to the state. so they are looking at ways to get the money form us...

Hold on boys.

So what so bad about FINES. :eek:

Best

Ron

Raymond Wand
11-11-2008, 05:28 AM
Its not the licencing which is at fault its the manner in which the licencing has been written with no appearance of assumption of innocence or an appeal process. Bad legislation.

Dan Harris
11-11-2008, 07:06 AM
Its not the licencing which is at fault its the manner in which the licencing has been written with no appearance of assumption of innocence or an appeal process. Bad legislation.

We have both.
If a complaint is filed the inspector is notified and is give the opportuinty to respond in writing, this responce is reviewed by the BTR and often 2 or more committe members, very often that is all it takes.
It there are more questions he can appear at a committe of 4 and 2 reps of the BTR where the customer and HI can present their sides for review.

If the inspector does not agree with the findings of the BTR or committee he can appeal.

Raymond Wand
11-11-2008, 07:15 AM
Thanks Dan for the clarification, thats more palatable at least for me.

Regards,