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  1. #1

    Default Legislation to give real estate commision total control.

    2018 ASHI InspectionWorld
    George Hallaron: Owner primary inspector
    Bienvenue Home Inspections LLC
    www.bienvenuehomeinspections.com

  2. #2
    Join Date
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    Default Re: Legislation to give real estate commision total control.

    The chief complaint that the HI board quit and there is no process to resolve complaints and pay for office space to run the HI side of things. The link to the original article states that the flap is over 20 unresolved complaints since 2010. Not all complaints have a valid basis, but even taking that thee are 20 that has to be a small percentage of the overall number of inspections performed. Then there is the question if the complaints are solely for sanctions relative to misconduct regarding the state license The fact that there is no immediate government license panel to hear complaints on HIs the client/complainant has civil relief from the courts.

    The real issue may lie behind why the board quit and none other has been instituted. Making me think that there were forces orchestrating an outcome.

    163 inspectors generating $32,000/yr to operate the system is a problem, but how much does it cost to push paperwork. The perceived lack of Licensed Inspectors being linked to the requirements should not be a problem, By requiring the Hi to be a lic contractor the HI is already paying into a buracratic Lic system. The HI Lic is another layer. Maybe it would be better option to fold the HI Lic dept into that of the Contractors Lic department since they are already paying into it in the first place.

    Having the Real Estate Commission over see/involved with the HI Lic is a real bad idea , give an inch they will take a________________.


  3. #3

    Default Re: Legislation to give real estate commision total control.

    Quote Originally Posted by Garry Sorrells View Post
    By requiring the Hi to be a lic contractor the HI is already paying into a buracratic Lic system. The HI Lic is another layer. Maybe it would be better option to fold the HI Lic dept into that of the Contractors Lic department since they are already paying into it in the first place.

    Having the Real Estate Commission over see/involved with the HI Lic is a real bad idea , give an inch they will take a________________.
    Gary,
    This is one of those inaccuracies that I was writing about in my O.P. According to the M.H.I.B.'s website, you only have to be a licensed contractor to perform "new construction" home inspections or as the website refers to it as having a NH designation attached to your home inspectors licence. The article also says that Mississippi has some of the most stringent licenseing laws in the country when in fact, they are the most lienient of the five gulf coast states alone. The state has adopted the ASHI S.O.P. and Code of Ethics, Yet there are known incidences of HI's performing contracting services on the very homes they have just inspected.
    It is my opinion that without an independent licensing entity to govern such activities, the home buying public will wind up with home inspections that lack any substance and less than ethical business practices. The fact that a large portion of the homes that have been built in the state were done so without any code compliance oversite, coupled with the idea that the industry who stands to gain monetarily from the sale of a home will be the very entity that decides on policy for the home inspection industry. This is what some may consider a conflict of interest.
    Now I truly believe that the majority of realtors are ethical, but the real estate industry and the home inspection industry should be seperate of one another.
    One thing that concerns me is the lack of a voice(lobby influence) in the state legislature for an independent home inspection industry.

    Last edited by George Hallaron; 02-25-2013 at 06:40 AM.
    George Hallaron: Owner primary inspector
    Bienvenue Home Inspections LLC
    www.bienvenuehomeinspections.com

  4. #4
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    Spring Hill (Nashville), TN
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    Default Re: Legislation to give real estate commision total control.

    Quote Originally Posted by George Hallaron View Post
    Gary,
    One thing that concerns me is the lack of a voice(lobby influence) in the state legislature for an independent home inspection industry.
    That is a grassroots effort that has never really worked in MS simply due to the lack of folks wanting to get involved. If you want a voice at the state legislature it will cost you money, time and folks that want to see it done... In MS I hold home inspector license number NH5, but now I live and work mostly in Tennessee.

    The law and rules are written and will most likely not change but the bureaucratic part still needs to function under some board with money to make it work. If memory serves me it takes around $130k a year to fund the HI board with a bare bone operation.

    Last edited by Scott Patterson; 02-25-2013 at 06:29 PM.
    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  5. #5
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    Default Re: Legislation to give real estate commision total control.

    George,
    I apologize, after going to MHIB (MS Home Inspect Board) I can see how the article misleads the reader.

    I was confused in that there are two different classifications of Home Inspectors in MS.
    1) Home Inspector: 60 hrs training, $250K Liability and $250K Error & Omit, National Home Inspector Exam

    2) New Home Designation: Contractor Lic, certification from the International Code Council.

    It seems that they created two separate classes of Home Inspector. It did not seem clear that they either were restricted by law from performing any home inspection. I did not see that there was a requirement to first be a general home inspector and then add to that lic New Home Designation. Possibly inferred but I missed it being specifically delineated as a general lic. with New Home endorsement.

    " NEW HOME (NH) DESIGNATION FOR HOME INSPECTORS
    In order to receive a new home (NH) designation as a home inspector you must submit the following documentation according to the Home Inspector Licensing Law Section 73-71-27 (4): "
    http://www.mrec.ms.gov/docs/mhib_for...n_criteria.pdf

    Looking at the MS Law it seem to have the same basic provisions as MD and other states that I have seen. The E&O requirement is an addition that other states do not require.

    So in general I would not make a statement that MS has higher requirements in their licensing. Then there is the question of the New Home Designation issue that I question. The lack of accountability is the crux of the problem, where the provisions in the law are not being utilized. So the system is allowed to run amuck and the citizens only think they are being serviced by the state licensing.

    Funding for the bureaucracy of MHIB seems to be an issue. Unlike a business that requires real production out of a job a state job seems to be more about plodding along with minimal effort and output, where just enough to get by is the SOP.

    I would agree with Scot that it takes interest, involvement, commitment and MONEY. Though if you had 50 HIs in the face of the legislature on a consistent and persistent basis it would require less money. If the MS HIs are accepting status quote and just want to turn a buck, you have a big hurdle to overcome.


  6. #6
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    Default Re: Legislation to give real estate commision total control.

    Gary, the NH or New Home designation allows for the inspection of new construction and anything else. Without the NH an inspector is not allowed to inspect new construction. This was put into the license law by the home builders who had a very strong lobby in the legislature.

    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  7. #7
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    Default Re: Legislation to give real estate commision total control.

    Scott,
    That is interesting. I missed catching the restriction/limitation on New Homes inspection to only those with the NH accreditation/endorsement to their Lic . Just looked like a upgrade designation to general lic. I guess it shows they knew how to swing their legislative hammer.


  8. #8
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Legislation to give real estate commision total control.

    Oh yeah, that is whats needed. Another state with the Real Estate Commission/Board in overseeing the home inspectors. Also a builder is not a home inspector. Since I inspect new homes all the time I can guarantee you that builders lobbying and getting Home Inspectors to get a contractors license???? if they know what they are doing why is it I find things wrong in every new home I inspect. This entire lobby thing has to go away. The folks with the biggest mouths get what they want instead of what should be. A new system needs to be put in place.


  9. #9
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    Default Re: Legislation to give real estate commision total control.

    Quote Originally Posted by Ted Menelly View Post
    Oh yeah, that is whats needed. Another state with the Real Estate Commission/Board in overseeing the home inspectors. Also a builder is not a home inspector. Since I inspect new homes all the time I can guarantee you that builders lobbying and getting Home Inspectors to get a contractors license???? if they know what they are doing why is it I find things wrong in every new home I inspect. This entire lobby thing has to go away. The folks with the biggest mouths get what they want instead of what should be. A new system needs to be put in place.
    The reasoning behind it was that they wanted to limit folks who could inspect their product! They also felt that a fellow builder would be a little easier on them!

    It totally backfired on them and those that obtained the NH designation on their license really gave those new homes a thorough inspection just to get even, or so I heard!

    The contractors board also made an exception in that the inspector did not have to meet all of the requirements to obtain a contractors license if they were only trying to obtain the license to satisfy the New Home part of the home inspectors license and they would never build a home. Basically take the ICC exam and pay the fee.

    Last edited by Scott Patterson; 02-27-2013 at 09:29 AM.
    Scott Patterson, ACI
    Spring Hill, TN
    www.traceinspections.com

  10. #10
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    Default Re: Legislation to give real estate commision total control.

    The problem here is the same problem that is at the root of all HI profession problems. There is no unified voice among inspectors. As long as we have multiple half-ass HI organizations frittering away the dues they collect on setting up their little boy scout booths at Realtor conventions, playing golf with the Realtors, cooking barbecue for the Realtors, taking doughnuts to the Realtors, and kissing the Realtors all over their rosy derrieres we will continue to see moves to put our profession totally under their umbrella. It starts with the 1.2 million member strong NAR, the largest trade organization in the country, moves to ARELLO, and then to each of the 50 state boards. Our profession is outnumbered and outspent in the lobbying department. When one is so mismatched with one's opponent, the only hope of prevailing is outsmarting that opposition. This is why the system has set the bar so low for entry into the profession. It attracts those who are incapable of thinking through the problem and finding a creative solution.

    Texas Inspector
    http://www.texasinspector.com
    What the plainspoken man lacks in subtlety, he makes up in clarity.

  11. #11
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: Legislation to give real estate commision total control.

    Quote Originally Posted by Aaron Miller View Post
    The problem here is the same problem that is at the root of all HI profession problems. There is no unified voice among inspectors. As long as we have multiple half-ass HI organizations frittering away the dues they collect on setting up their little boy scout booths at Realtor conventions, playing golf with the Realtors, cooking barbecue for the Realtors, taking doughnuts to the Realtors, and kissing the Realtors all over their rosy derrieres we will continue to see moves to put our profession totally under their umbrella. It starts with the 1.2 million member strong NAR, the largest trade organization in the country, moves to ARELLO, and then to each of the 50 state boards. Our profession is outnumbered and outspent in the lobbying department. When one is so mismatched with one's opponent, the only hope of prevailing is outsmarting that opposition. This is why the system has set the bar so low for entry into the profession. It attracts those who are incapable of thinking through the problem and finding a creative solution.
    Ammmm, how do you know they are rosy????


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