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  1. #66
    Joseph P. Hagarty's Avatar
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    Default Re: NAHI wins again in US District Court

    Make sure you join the right association. - The National Association of Certified Home Inspectors

    Update: The Judge dismissed the National Association of Home Inspectors, Inc's lawsuit on November 15, 2007 but will retain jurisdiction to make sure both parties abide by the settlement agreement.

    Elite MGA Home Inspector E&O Insurance

  2. #67
    Brandon Chew's Avatar
    Brandon Chew Guest

    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    Update: The Judge dismissed the National Association of Home Inspectors, Inc's lawsuit on November 15, 2007 but will retain jurisdiction to make sure both parties abide by the settlement agreement.
    The dismissal is routine court business related to carrying out the order that was posted at the start of this thread. Once the court issues an order and takes jurisdiction then the suit which brought it about needs to be dismissed. From the original Opinion and Order:


    D. Entry of Order of Dismissal


    The Court will enter a separate Order of Dismissal incorporating the terms of the parties' settlement agreement. The Court will further insert a provision retaining jurisdiction over that settlement agreement.



  3. #68
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    Make sure you join the right association. - The National Association of Certified Home Inspectors

    Update: The Judge dismissed the National Association of Home Inspectors, Inc's lawsuit on November 15, 2007 but will retain jurisdiction to make sure both parties abide by the settlement agreement.


    Why shouldn't the Judge dismiss NAHI's Lawsuit against InterNachi, a court ordered agreement has been reached, Lawsuits don't go on after the Courts have taken charge of enforcing an agreement.

    More Nachi Spin, Gromicko tells his members he never responded to Nahi's motion, he says that he offered no defense at all to the motion because it was meaningless. When confronted though and presented with the facts shown in the Judges Opinion, the one we are discussing and the one that has been posted on sever message boards, he claims wee are discussing the wrong "Motion", he's talking about, he says, one filed on 8 November, which would appear to be the motion to dismiss the lawsuit that the Judge stated in his opinion on 13 Nov, the one we are discussing. Nick once again attempts to use deception to keep his members in the dark.

    He told me that he, InterNachi, had no need to present a defense or to respond to the motion because the two associations had reached an "agreement" back in July, of course he won't discuss the fact that it took a U.S. Federal Judge on 13 Nov to force him to comply with that July Agreement.

    Joe once again performs his function as Nick's Spin Doctor on other Message Boards. The Lawsuit as Joe says was probably dismissed, but the Court still has authority over InterNachis actions regarding the settlement, and Nick and his sheep don't want to discuss that, other than to boast about how they can avoid complying which is standard InterNachi policy when it comes to Laws they don't like.


  4. #69
    Joseph P. Hagarty's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post

    Joe once again performs his function as Nick's Spin Doctor on other Message Boards.
    Nothing to spin. The NACHI Organization is alive and well....


  5. #70
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    Nothing to spin. The NACHI Organization is alive and well....
    Joe... Is there any truth to the rumor thats going around claiming nicks moving his headquarters to the caymon islands, and sharing office space with that insurance, Ladow guy, the guy he endorsed and then ripped off 100s of inspectors for e@o ..


  6. #71
    Joseph P. Hagarty's Avatar
    Joseph P. Hagarty Guest

    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Dan Harris View Post

    Joe... Is there any truth to the rumor thats going around claiming nicks moving his headquarters to the caymon islands, and sharing office space with that insurance, Ladow guy, the guy he endorsed and then ripped off 100s of inspectors for e@o ..
    As YOU appear to be the Source of the Rumor...

    I can Honestly say that there is NO Truth whatsoever to your posting...


  7. #72
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    Default Re: NAHI wins again in US District Court

    For Those Who Might Have a Need.


    International Extradition - McNabb Associates, P.C.

    It Might have Choked Artie But it ain't gone'a choke Stymie! Our Gang " The Pooch " (1932)
    Billy J. Stephens HI Service Memphis TN.

  8. #73
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    I can Honestly say that there is NO Truth whatsoever to your posting...



    Hey Joe, stop screwing with my experiment. Like Pavlov, I'm working on my own version of classical conditioning, soon with just the mention of NACHI they will begin to salivate & bay at the moon.


    NACHI


  9. #74
    John McKenna's Avatar
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    Default Re: NAHI wins again in US District Court

    FACT... Defendant did not show up for court the day of the ruling.

    Why?

    FACT.... Changes completed... why bother?

    FACT.... NACHI is still online.

    yawn... much ado about nothing.

    Read this please.
    Make sure you join the right association. - The National Association of Certified Home Inspectors


  10. #75
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    As YOU appear to be the Source of the Rumor...

    I can Honestly say that there is NO Truth whatsoever to your posting...
    No Joe, that would be your buddy the other Joe, the one attempting to "condition" us so that we don't automatically laugh when we hear or see the words Nachi or InterNachi.

    Once again you try to place the actions of one of your own on the back of someone else. Duck and Dodge, the Nachi way.

    And once again John M. you are "confused", this thread was about a Michigan Judges order and opinion that resulted from the failure of your great leader to abide by the agreement he made in July, not the dismissal of the Lawsuit that brought on both that agreement and the Court's enforcement of it. But yes Nick was a great hero in the eyes of the blind, for not having sent an attorney to "Court" on the day the no longer necessary or relevant Lawsuit was dismissed, seeing as it was an action that the Judge said he would initiate in his order, my bet is that no one showed up in Court because it was only a paperwork action.

    You guys should celebrate that great victory, just like you did back in July, yet instead of Celebration, Nick and his blind sheep give us Diversion. Again, the Nachi way.

    I don't know if I'm supposed to "In All Honesty' mention this every time I criticize Nick and his Club members, but I told him I would demonstrate what a fair minded guy he would like people to believe he is. The other night he offered to reinstate my membership and pay a year of my membership, I politely declined, then he offered me two years after June 08, when my current membership would have expired, again I politely declined. Seeing as he claims every one ever kicked out of his Club has been for violation of His COE, not of course for exercising their free speech, and that I agreed that almost everything I have to say about him and his gang of lackeys is and would be a violation of His COE, what sense would it make to come back, I'm at times a hypocrit, as most of us are, but I'm not that big of one, otherwise I'd have Bushart or Farsetta's job.


  11. #76
    John McKenna's Avatar
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    Default Re: NAHI wins again in US District Court

    Excuse me... you are confused.
    BTW.... the 20th has come and gone... this is a non issue... as I stated.


  12. #77
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    Default Re: NAHI wins again in US District Court

    I have so much fun here it ought to be illegal


  13. #78
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by John McKenna View Post
    Excuse me... you are confused.
    BTW.... the 20th has come and gone... this is a non issue... as I stated.
    John, You might remember comments from some of your members who said almost the same thing about the Motion that NAHI "hadn't" filed after your guys last big celebration and humorous post were made in July.

    We'll have to wait and see what comes from Nick's refusal to change things again, my belief is that, as in the matter of all members "HAVING" to change their logo's and marketing, Nick will change things behind the scenes. Any action on the part of the Court will take some time, as will any action against NACHI members who refuse to change their marketing by NAHI, I doubt any of those will make it to court, just like when NACHI or ASHI notifies someone of unauthorized use of their logos, they get changed, without going to court.

    I agree, most of this is about nothing, the biggest thing is the hypocrisy and deception by InterNachi used against its own membership, which were told in July they were not effected by any agreement and that there was no time limit for Nachi to change anything, which meant "never".

    How's that CMI thing going, can a client now check the status of one of your Masters or the so called requirements to purchase the designation, and be assured that the Master they hired has performed 1000 inspections and not maybe just one or two? We'll probably see aa Court Case sometime in the future over that too.


  14. #79
    Joseph P. Hagarty's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    John, You might remember comments from some of your members who said almost the same thing about the Motion that NAHI "hadn't" filed after your guys last big celebration and humorous post were made in July.

    We'll have to wait and see what comes from Nick's refusal to change things again, my belief is that, as in the matter of all members "HAVING" to change their logo's and marketing, Nick will change things behind the scenes. Any action on the part of the Court will take some time, as will any action against NACHI members who refuse to change their marketing by NAHI, I doubt any of those will make it to court, just like when NACHI or ASHI notifies someone of unauthorized use of their logos, they get changed, without going to court.

    I agree, most of this is about nothing, the biggest thing is the hypocrisy and deception by InterNachi used against its own membership, which were told in July they were not effected by any agreement and that there was no time limit for Nachi to change anything, which meant "never".

    How's that CMI thing going, can a client now check the status of one of your Masters or the so called requirements to purchase the designation, and be assured that the Master they hired has performed 1000 inspections and not maybe just one or two? We'll probably see aa Court Case sometime in the future over that too.
    And the point that you are trying to make is???


  15. #80
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    Default Re: NAHI wins again in US District Court

    Gentlemen,

    Before I unsubscribe to this invigorating,useful and productive intercourse of ideas,I leave you with this.

    Good Day,

    ***IMPORTANT*** You Need To Register To View Images ***IMPORTANT*** You Need To Register To View Images
    It Might have Choked Artie But it ain't gone'a choke Stymie! Our Gang " The Pooch " (1932)
    Billy J. Stephens HI Service Memphis TN.

  16. #81
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    And the point that you are trying to make is???
    That is if the Judges Opinion and Order is so insignificant, then why all the effort on the part of Nick and a few of his sheep to hide the decision from your members and to misdirect them in an attempt to change the subject to a dismissed lawsuit? For such an insignificant action there certainly is a lot of chest beating "they can't make me do this" crying going on in the InterNachi ranks, along with "we never replied, responded, or defended", maybe that's true for something, but not in what is being discussed here, an Opinion and order on a motion filed in July.


  17. #82
    John McKenna's Avatar
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    Default Re: NAHI wins again in US District Court

    yawn...


  18. #83
    Joseph P. Hagarty's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post

    ...the Judges Opinion and Order is so insignificant, ...
    ...to misdirect them in an attempt to change the subject to a dismissed lawsuit? ...
    ...For such an insignificant action there certainly is a lot of chest beating...
    If the Members of NACHI feel the circumstance is insignificant, why are you concerned as a Non-Member?


  19. #84
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Jerry Peck View Post


    I *knew* this is where this thread would lead to.

    Let's have a hand for the combatants for maintaining a mostly civil air to the thread! I didn't see any foul personal attacks or the use of 4-letter words or remarks about one's heredity combined with 4-letter words. It must have something to do with the maturity level. So far anyway.

    Very tame and well behaved in comparison to older flame wars, which I'm sure you can still find ongoing skirmishes on Usenet.

    The above statements are expressed solely as my opinion and in all probability will conflict with someone else's.
    Stu, Fredericksburg VA

  20. #85
    Brian M Jones's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Stuart Brooks View Post
    Let's have a hand for the combatants for maintaining a mostly civil air to the thread! I didn't see any foul personal attacks or the use of 4-letter words or remarks about one's heredity combined with 4-letter words. It must have something to do with the maturity level. So far anyway.

    Very tame and well behaved in comparison to older flame wars, which I'm sure you can still find ongoing skirmishes on Usenet.
    Only cuz Bushart is busy elsewhere


  21. #86
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Stuart Brooks View Post
    It must have something to do with the maturity level. So far anyway.
    I'd guess it has more to do with Brian's new rules on being civil to each other 'or else'.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
    www.AskCodeMan.com

  22. #87
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    Default Re: NAHI wins again in US District Court

    The divine part of my nature is showing.


  23. #88
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    Default Re: NAHI wins again in US District Court

    Lewis,

    You should have taken Nick up on his gracious offer to pay your membership dues in I-NACHI for the next 2 years.

    But I want to thank you for not doing so..

    Better to have you over here spewing your bile and and incredibly ridiculous ranting disguised in verbosity.

    What is is sad is that you are unable to recognize your own attempts at spinning facts to suit your own agenda.

    Have a nice day Lewis.


  24. #89
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Jerry Peck View Post
    I'd guess it has more to do with Brian's new rules on being civil to each other 'or else'.

    Don't worry your head... What needs to be said gets said and if not here then elsewhere, even if you can't see it.


  25. #90
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    If the Members of NACHI feel the circumstance is insignificant, why are you concerned as a Non-Member?
    I just like to point out such blatant hypocrisy and deceptions Joe, the original agreement back in July caused a lot of Celebration over there on your message board, many people asked questions back then about how Nachi members would be effected, your leader, Nick told them that they wouldn't be effected at all, and that he didn't really need to make any changes there at all seeing as he had outsmarted the lawyers by not including a time in which to make the changes. Many asked about the Logo, I even asked about the InterNachi Logo that already existed, and which you have now adopted. Back in July your leaders told many "untruths" to your members about the settlement, this Judge cleared things up and the same guy, Nick, who had told members that the agreement would not effect them and that they would not have to change their logo's and marketing, went behind their back and told the Judge they would. Now Nachi Leadership, or rather InterNachi, attempts to hide the fact that they actually did lose in the original agreement, as I said back then, and now they lie once again about offering no defense, reply, etc. to this Motion.

    Do you, like Bushart, speak for all members of NACHI/InterNachi Joe, I don't and have never implied that I did, I speak for myself, the trouble once again is that I and others have a document that shows that what we say is true, you on the otherhand have nothing but SPIN.


  26. #91
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Michael Larson View Post
    Lewis,

    You should have taken Nick up on his gracious offer to pay your membership dues in I-NACHI for the next 2 years.

    But I want to thank you for not doing so..

    Better to have you over here spewing your bile and and incredibly ridiculous ranting disguised in verbosity.

    What is is sad is that you are unable to recognize your own attempts at spinning facts to suit your own agenda.

    Have a nice day Lewis.
    Michael, Why would I have even considered taking Nick up on his offer, it wouldn't change my opinion of his "Club" and it wouldn't stop my criticism with his lack of standards and constant attempts to deceive his members, other inspectors, and most importantly Clients.

    I worked pretty hard to get kicked "Off the Island", my statements since have not been any different in regards to your "Club" than they were when I was a member. I agreed I violated Nick's Rules, that Bushart says he enforces on a Case by Case basis, wouldn't I still be violating Nick's Rules if I accepted his offer?

    Like I told Nick, the only people on his message board that have Free Speech are the non-members who are not restricted by his COE, that Bushart uses in an attempt, successful most the time, to intimidate those who disagree with him. I suppose I could get enough of your little Red Boxes, another form of censorship, to be banned from your board, but then, as I told Nick, I could come back as Harry Hemplestern, Harvey's long lost brother.

    No thanks, this time when State Licensing comes up I can use the Mickey Mouse requirements for joining your club and things like your "Masters" designations for sale in my discussion with the legislators involved, last year I was restricted by your COE, not any more.

    Right off hand I can't think of any other organization that works so hard to keep standards so low as InterNachi does, can you?


  27. #92
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    Default Re: NAHI wins again in US District Court

    Lewis, Try and find some happiness in life that doesn't involve bashing an org you are no longer a part of. You keep stating that your former org works at keeping the bar low but again that is only half truth and spin to your liking.

    Most who stay are happy with the benefits and a lot of great inspectors are on board to help members.

    P.S.
    Some of us even like the free wheeling open message board.


  28. #93
    Joseph P. Hagarty's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    I just like to point out such blatant hypocrisy and deceptions Joe, the original agreement back in July caused a lot of Celebration over there on your message board, many people asked questions back then about how Nachi members would be effected, your leader, Nick told them that they wouldn't be effected at all, and that he didn't really need to make any changes there at all seeing as he had outsmarted the lawyers by not including a time in which to make the changes. Many asked about the Logo, I even asked about the InterNachi Logo that already existed, and which you have now adopted. Back in July your leaders told many "untruths" to your members about the settlement, this Judge cleared things up and the same guy, Nick, who had told members that the agreement would not effect them and that they would not have to change their logo's and marketing, went behind their back and told the Judge they would. Now Nachi Leadership, or rather InterNachi, attempts to hide the fact that they actually did lose in the original agreement, as I said back then, and now they lie once again about offering no defense, reply, etc. to this Motion.

    Do you, like Bushart, speak for all members of NACHI/InterNachi Joe, I don't and have never implied that I did, I speak for myself, the trouble once again is that I and others have a document that shows that what we say is true, you on the otherhand have nothing but SPIN.
    You have no idea about my involvement with NACHI activities.

    I do not care about what information you may think you have.

    If the Members of NACHI feel the circumstance is insignificant, why are you concerned as a Non-Member?

    Last edited by Joseph P. Hagarty; 11-25-2007 at 04:56 PM.

  29. #94
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    I just like to point out such blatant hypocrisy and deceptions, horseshit, cowshit, bullshit, blah, blah, blah SPIN.


    Picture this, its midnight at the movies and the Rocky Horror Picture Show is on the silver screen and here is Lewis screaming Fire! Fire! Fire! and everyone turns around shoots him the bird and says in unison... I ain't friggin' leaving till they sing the NACHI Time Warp.

    Here is the bottom line Dweasel, I'll believe your scatological dissertation when a disgruntled ex-NACHI member from Washington and some unshaven judge from bumscrew Egypt can come to Florida and force someone like me to remove the NACHI logos from my truck. Till then your just another one of those raving lunatics who could not make it at NACHI.


    Remember... It's just a jump to the left!


  30. #95
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    Picture this, its midnight at the movies and the Rocky Horror Picture Show is on the silver screen and here is Lewis screaming Fire! Fire! Fire! and everyone turns around shoots him the bird and says in unison... I ain't friggin' leaving till they sing the NACHI Time Warp.

    Here is the bottom line Dweasel, I'll believe your scatological dissertation when a disgruntled ex-NACHI member from Washington and some unshaven judge from bumscrew Egypt can come to Florida and force someone like me to remove the NACHI logos from my truck. Till then your just another one of those raving lunatics who could not make it at NACHI.


    Remember... It's just a jump to the left!
    Joe, Maybe you should read this Judges Opinion and Order a little more closely, especially the part where Nick states that ALL members "will be required" to change their logos.

    On September 17,2007, Defendant filed a Reply to Plaintiffs Response arguing that: (1)
    changing all references from "NACHI" to "INTERNACHI" requires a substantial and timeconsuming
    effort; (2) Defendant's members will be required to switch to the "INTERNACHI"
    name once the new INTERNACHI.org site is launched


    Wouldn't a member's failure to change their logo, as Nick has stated, be considered a violation of your COE?

    Sometimes Joe there is a "Fire" in a theater, and the only ones left inside to burn are the sheep who huddle in a corner listening to someone tell them that they will be safe, he can "Certify" that, for a small fee of course.


  31. #96
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Michael Larson View Post
    Lewis, Try and find some happiness in life that doesn't involve bashing an org you are no longer a part of. You keep stating that your former org works at keeping the bar low but again that is only half truth and spin to your liking.

    Most who stay are happy with the benefits and a lot of great inspectors are on board to help members.

    P.S.
    Some of us even like the free wheeling open message board.
    Michael, I actually agree with you about some things, there are a lot of very qualified and competent inspectors in your organization, and your message board is often very entertaining. As far as my opinion of your Association and its leadership, show me where I have been anymore critical than I was when I was a member.

    Why is it that you Nachi guys only cry about "Bashing" when the criticism is directed at you instead of you "bashing" other Associations.? As far as those who stay, I imagine there are many different reasons, qualifying for E&O Insurance as a member of a "national" association, the benefit of access to answers to inspection questions, a love affair with "certifications" that can be purchased instead of earned, and the "flock mentality" of feeling safer as a member of the flock.

    Is it "bashing" to point out that what Nick said in July is the opposite of what he said in September? Is it "bashing" to point out that "members" who say they are not required to obey the Judges order are going against what Nick has said and leaving themselves open for potential legal problems in the future?


  32. #97
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    Default Re: NAHI wins again in US District Court

    As was stated earlier, as a non-member why should you care?

    I wish you well Lewis. Have a nice day.


  33. #98
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Michael Larson View Post
    As was stated earlier, as a non-member why should you care?

    I wish you well Lewis. Have a nice day.
    My guess is the way he was treated and his membership revoked. Who knows, but this thread is getting tiresome. Kind of sorry I started it.

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

  34. #99
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Scott Patterson View Post
    My guess is the way he was treated and his membership revoked. Who knows, but this thread is getting tiresome. Kind of sorry I started it.
    Scott,
    Lewis and I use to go round and round when he was member.
    It wasn't worth it there and I'm sorry to say it's not here either.
    I'm out of this thread.


  35. #100
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    Joe, Maybe you should read this Judges

    I personally could give a rats-ass what the judge in Missouri has to say in this matter; his decrees are completely unenforceable here in Florida.


    Quote Originally Posted by Lewis Capaul View Post
    Wouldn't a member's failure to change their logo, as Nick has stated, be considered a violation of your COE?

    Again I ask, what friggin' business is it of yours if I choose to violate the NACHI COE, WTF are you gonna do turn me in, or maybe show up at my office with a judge to rip the NACHI logos off my inspection vehicle?

    Please explain what possible recourse do you have when I say "screw you Lewis I ain't never gonna comply with whatever gets decided in Missouri"` Now... Just what are you gonna do, write another thousand word post, who cares?

    Last edited by Deleted Account; 11-26-2007 at 01:13 PM. Reason: Added Mr. Green for emphasis.

  36. #101
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Scott Patterson View Post
    Who knows, but this thread is getting tiresome. Kind of sorry I started it.

    Yes, Please, end it now....enough is enough.


  37. #102
    Lewis Capaul's Avatar
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    I personally could give a rats-ass what the judge in Missouri has to say in this matter; his decrees are completely unenforceable here in Florida.





    Again I ask, what friggin' business is it of yours if I choose to violate the NACHI COE, WTF are you gonna do turn me in, or maybe show up at my office with a judge to rip the NACHI logos off my inspection vehicle?

    Please explain what possible recourse do you have when I say "screw you Lewis I ain't never gonna comply with whatever gets decided in Missouri"` Now... Just what are you gonna do, write another thousand word post, who cares?
    I really like it when you begin to foam at the mouth Joe, when what little brain process you have begins to shutdown...what has any Judge in Missouri done to you lately Joe, we were discussing Michigan and your leaders statement I believe. It's a sad, sad day Joe, but your NACHI Logo no longer has an Association linked to it.

    Pound your chest a little harder Joe, you're arguing against something your leader said, not me.


  38. #103
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Dom D'Agostino View Post
    Yes, Please, end it now....enough is enough.

    Sorry, complete thread deletion is no longer possible. Yes, you can delete your post, but that no longer deletes the entire thread.


  39. #104
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Michael Larson View Post
    As was stated earlier, as a non-member why should you care?

    I wish you well Lewis. Have a nice day.
    Pretty simple Michael, as the so called largest Home Inspection in the World, Nick and InterNachi's policies and worthless Certifications effect the image of the Home Inspection Industry as a whole, mostly for the worse.


  40. #105
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    Default Re: NAHI wins again in US District Court

    Michigan, Missouri means the same friggin thing, really who cares.

    What I enjoy, what I revel in, what really does it for me... Is when you spend yourself meticulously attempting to get your message across making sure to cross your "t"'s & dot your "i"'s and no one acknowledges your effort, such a powerless washed-up loser.

    Remember this money talks, you should put some where your mouth is.


  41. #106
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    Remember this money talks, you should put some where your mouth is.
    Jeez Joe B., now you've really gone and done it ... remember that thread - THOSE THREADS ... AND POSTS ... about *YOU* betting a certain someone money about something, and then about which you have failed to put where your mouth is?

    Remember?

    Please, OH PLEASE! Don't get that one going again.

    Jerry Peck, Construction / Litigation Consultant
    Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )
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  42. #107
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Jerry Peck View Post
    Remember?


    Of course I remember oh feeble minded one... I have no doubt that a guy like that won't make it in this profession, my bet stands.


  43. #108
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post

    Sometimes Joe there is a "Fire" in a theater, and the only ones left inside to burn are the sheep who huddle in a corner listening to someone tell them that they will be safe, he can "Certify" that, for a small fee of course.
    And you (smelling of gasoline) should be warning the "sheep"?


  44. #109
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    Michigan, Missouri means the same friggin thing, really who cares.

    What I enjoy, what I revel in, what really does it for me... Is when you spend yourself meticulously attempting to get your message across making sure to cross your "t"'s & dot your "i"'s and no one acknowledges your effort, such a powerless washed-up loser.

    Remember this money talks, you should put some where your mouth is.
    The only money that would need to be involved Joe is any that NAHI would like to spend enforcing the removal of Logo's covered by this Judges order and the statement of your leader. Your refusal to remove your NACHI logo's just helps to prove my point, that many self appointed spokesmen for your Association, just like their leader, have little regard for the Law or even your own rules. You make it easy for critics of your club Joe, if you want to continue flying the flag of a defunct organization go right ahead. I'm counting on you to spend some of your money on Attorneys if and when NAHI's lawyers come calling, you and the other macho NACHI members who refuse, or say you do, to obey Nick's statement remind me of an inspector here in
    Washington that thought the legal system did not apply and who took the advice of the legal experts there at Nachi.

    Was Nick lying in his reply to the Judge Joe?


  45. #110
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    Was Nick lying in his reply to the Judge Joe?

    You must have really mistaken me for someone who gives a flying fart about the state of NAHI, Nick & NACHI. My posts here are specifically to show just how powerless you are to act on any of your beliefs.

    Actually, what I want, what I really need to get my jollies off, is for a schmuck like you to piss away his waking hours plotting & scheming how to get the NACHI logos removed from history, what a joke you are.

    Here is my promise to you... The only way logos on my personal privately owned vehicle will ever be removed will be through the shedding of blood, there are some things still worth dying for. Mark my word... No one, and I mean NO ONE will dictate to me what logos I can fly on my truck, send your army I dare you!

    BTW When you do send my info over to the NAHI lawyers make sure to spell my name right, there is only one FU in Burkeson.


  46. #111
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    You must have really mistaken me for someone who gives a flying fart about the state of NAHI, Nick & NACHI. My posts here are specifically to show just how powerless you are to act on any of your beliefs.

    Actually, what I want, what I really need to get my jollies off, is for a schmuck like you to piss away his waking hours plotting & scheming how to get the NACHI logos removed from history, what a joke you are.

    Here is my promise to you... The only way logos on my personal privately owned vehicle will ever be removed will be through the shedding of blood, there are some things still worth dying for. Mark my word... No one, and I mean NO ONE will dictate to me what logos I can fly on my truck, send your army I dare you!

    BTW When you do send my info over to the NAHI lawyers make sure to spell my name right, there is only one FU in Burkeson.
    Once again Joe, the mandatory change of logo comes from Nick, who owns both the old and the new one, he dictates their use.

    What gets my 'JOLLIES OFF" Joe, is getting people like you to react like a spoiled 10 year old, chest thumping, flag waving, threats of bloodshed, all over a logo that has no link to any organization, promise that you will truly fight to the death over it Joe.

    I admit I have no "power" over changing Nachi logos, and I don't really care if anyone does. Any "power" I do have is to make macho guys like you cry loudly and often on public message boards, to those who are really interested in enforcing the change, the loudest protesters make the best and easiest examples.

    Making you react also demonstrates the hypocrisy and lack of leadership in Nick's Club, he made a statement to a U.S. Court that requires members to change, yet, even though the subject of "change" has been discussed on his message board, Nick has yet to deny his statement or inform his members of the required change, although he did claim that he had this planned all along.

    If I were NAHI, I might not even waste my money on attorneys going after individual members, I would go after InterNachi again for not enforcing the change, which is InterNachi's responsibility. Permitting members to use a defunct logo is also in violation of Nick's COE, and InterNachi leaders like Farsetta have been known to make threats of legal action against inspectors who misuse or misrepresent a logo copywrited by Nachi/InterNachi.

    So cause Nick as much trouble as you can Joe, that's my goal anyway.

    By the way, in the one "FU" found in Burkeson, I know what the "F" stands for, I take it from yours arguments and threats here that the "U" stands for "UP".


  47. #112
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    Default Re: NAHI wins again in US District Court

    Been using the NACHI logo long before I even knew NAHI existed. There was no concern on the part of any Association about the growth of NACHI. People honestly believed NACHI could not Survive and would Fade Away as a memory.

    While others rested, NACHI took advantage of the shortcomings of Others and developed as a Leader in delivering the Tools (Technical and Marketing) that Inspectors were searching for.

    Like it or not, Everyone is concerned about NACHI.

    They should be as the Memory of the alternative Affiliations slowly drifts away.......................


  48. #113
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    Default Re: NAHI wins again in US District Court

    Now it's really getting to be funny......

    http://www.inspectorsjournal.com/for...rsWithdraw.pdf

    Does anyone really expect Nick to pay NAHI's legal costs when he won't even pay his own?


  49. #114
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    Default Re: NAHI wins again in US District Court

    I will stick with my prediction that NAHI may end up going after Inacho's assets to pay for legal costs. However having been to the international headquarters in Nederland, I am not sure it worth it. Thats probably just what the founder wants us to think. The trick will be to find the accounts in the Caymans......

    Just gotta love the intrigue,

    //Rick

    Rick Bunzel
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  50. #115
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    You posted:
    "....Inspectors are sold meaningless certifications that have no true requirements, doesn't that reflect on every other Certification or designation in the industry?"

    If you truly examine the various applications, you will find that there really is no difference between any of the Organizations. All require an affidavit (signed / notarized) attesting to completion of requirements.

    Welcome Homebuyers and Sellers | ASHI, American Society of Home Inspectors

    How do I prove I have performed 250 fee paid inspections?
    After passing the verification process you will be mailed a personalized affidavit of completion that you will need to get signed, dated and notarized attesting to 250+ inspections

    http://www.nahi.org/NAHI-Membership-App-07.pdf

    Notarized Statement
    I, the undersigned applicant, hereby declare that the information contained in this application is true and that I will use most recent edition of the NAHI Standards of Practice and Code of Ethics as a guideline to perform home inspections. I further agree to hold the National Association of Home Inspectors harmless in the event of a claim or proceeding arising out of the performance of service for customers referred to me by the NAHI's referral service. I authorize NAHI to investigate and confirm the information declared by me in this application.

    http://www.nachi.org/documents/app_66.pdf

    I have participated in or performed more than 100 home inspections

    Sign Below
    X______________________________________________

    Thanks for pointing that out...

    One of the main differences Joe, as you already know, is that Associations like ASHI require applicants to take a proctored exam where their identity is checked by photo I.D., not some login name created by the applicant for an online test that anyone could take for, or assist the applicant with.

    Your wonder CMI is another example, how many of its 200 or so members signed up back when the requirement was 100 hrs of HI "education" and $75 or $175, or how many signed up and became Masters when the requirements were increased to 150 hours. If I were to hire one of your Certified Masters and I checked the CMI Website to find what requirements they had to meet to become Masters wouldn't I find this?

    The Master Inspector Certification Board, Inc. is a non-profit 501(c)(6), tax-exempt organization dedicated to promoting excellence in the inspection industry. The Board holds the registered Trademark Certified Master Inspector® (CMI), the inspection industry’s top professional designation, and awards it qualifying inspectors who have demonstrated a high level of competency by:

    1.
    Completing 1,000 fee-paid inspections or hours of inspection-related continuing education (combined) in their lifetime.


    Even though we know that all Masters do not meet those requirements and that some may have purchased that "Certification" without ever having performed an inspection, me I call that fraud, don't give me your crap about all ASHI Inspectors haven't taken the NHIE, I've said for years that I believe even members who have been there for many years should be required to do so.

    Or how about this, Nick's encouragement a membership sales promotion about hiding the lack of experience:

    ".....Furthermore, since no law requires a public disclosure of an inspector's experience (or lack of it), InterNACHI does not require it either. If you are only a new working member you need not alarm your clients. If you are a full member there is nothing preventing you from touting it. You must be one or the other though. InterNACHI does not "brand" new inspectors with derogatory terms such as "Associate" or "Candidate" because InterNACHI has entrance requirements. Many agents blacklist associates and candidates. If you are a member you may call yourself a "Certified Member" or a "Certified Home Inspector."..........

    True, but just another example of InterNachi's policy of deception.

    Another is the story that Nick and many of his chapter presidents try to sell to potential members, Realtors, and clients, that Nachi is the only association that requires members to meet requirements before they join, again true, but deceptive, after taking an online exam , or having someone else take for you, a New Nachi Member has full rights to display and advertise his "Certification", yet in Associations like ASHI you sign an agreement that includes:

    That I understand that I cannot use the ASHI logo until I have completed two required exams, completed a minimum of 50 inspections and
    successfully completed verification


    And that's just to use the Candidate or associate logo. Nick's statement and InterNachi policy makes an effective sales pitch to wannabe Home Inspectors who want to hide their inexperience, but as a Home buyer, an informed Home buyer who knew how HI Certifications were earned, who would get the most business based solely on their logo, an inspector displaying his NACHI Logo or an inspector displaying his ASHI logo. You have many good and very qualified Inspectors in your association, I've always considered you to be one, but that doesn't hide the fact that many don't have any experience in inspection or construction at all, and may not have even taken the online exam themselves.

    Even all that though doesn't explain why Nachi won't pay its attorneys, of course the first step would probably have to be to get Nick to admit to his members that there ever was any legal action taken that he replied, responded, or offered a defense to. He denies that any case exists, and that these attorneys did not represent "HIM", he doesn't mention Nachi, other than he is not the owner.

    What I find really amazing is that so many of his members go along with his denials even when documents are posted in the same thread where he denies their existence. I can understand those who don't like my, and others, interpretation of those documents, but to have them right in front of your eyes and to still not question Nick's denials is truly amazing. Are people in your association really so afraid to oppose Nick's Pack?

    An example, a Nachi member, that's what it still says on your message board, yesterday posted the latest document about failing to pay Nachi attorneys, he just posted it, called it an interesting legal document, and made no comment about its meaning. The Pack then descended on him, not arguing about the document, but about the lack of an InterNachi logo on his website, along with quotes from your COE and denials from Nick. I wouldn't be surprised to find you have lost another member or two.


  51. #116
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Rick Bunzel View Post
    I will stick with my prediction that NAHI may end up going after Inacho's assets to pay for legal costs.

    Rick,

    Maybe you are a better spokesman for NAHI (spit) then Lewis, but I say NAHI (spit) ain't got the balls to go after one home inspector in Florida that refuses to refrain from using the NACHI logo. My guess is NAHI's (spit) newest public mouthpiece Lewis has his head firmly stuck up his butt and doesn't know what he is talking about.


  52. #117
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post

    One of the main differences Joe, as you already know, is that Associations like ASHI require applicants to take a proctored exam ....
    That is the only difference. Pretty amazing.

    No Experience. No Training. No Insurance...Just an Affidavit and a contribution to the Organizations Exam funds.

    So what do you suggest makes NACHI less than Certified?

    Last edited by Joseph P. Hagarty; 11-28-2007 at 01:09 PM. Reason: typos...

  53. #118
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    That is the only difference. Pretty amazing.

    No Experience. No Training. No Insurance...Just an Affidavit and a contribution to the Organizations Exam funds.

    So what do you suggest makes NACHI less than Certified?
    No affidavit is even required at NACHI Joe, seeing as new members have the same rights to the logo as a full member, why would they bother with an affidavit, all that is required is an online exam, and supposedly the submission of 4 mock inspections. Remember operation Deadwood earlier this year, the attempt to get rid of all those who were not current on their membership dues? Why was there such resistance back then to including getting rid of all members who had not met the continuing and changing membership requirements? Was Nick afraid that he's lose most of his members. That was one of the most entertaining times at Nachi, those of us who brought it up were amazed at the absolute silence from the general membership, I wonder why.

    Nachi requirements probably meet the definition of Certified, but the designation has no value as no experience, even by affidavit is required and there is no proof that the person certified even took the test, along with the failure of the Association to enforce the rest of its membership requirements. Take a test, pay $289 and you're as qualified as someone with hundreds of inspections, if that makes you happy, that's good, myself I will continue to criticize those policies and to explain them to interested parties in my area.

    Speaking of logo's Joe, what does this one mean. Nick, John, Joe F., and others all say that NACHI an CMI aren't connected in any way, does this mean they're wrong?

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  54. #119
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph Burkeson View Post
    Rick,

    Maybe you are a better spokesman for NAHI (spit) then Lewis, but I say NAHI (spit) ain't got the balls to go after one home inspector in Florida that refuses to refrain from using the NACHI logo. My guess is NAHI's (spit) newest public mouthpiece Lewis has his head firmly stuck up his butt and doesn't know what he is talking about.
    Joe, Joe, trying to spin things again. I told you how I would go after you if I were NAHI and wanted to make an example of an individual NACHI member, I also told you that if I was NAHI I'd go after NICK/INTERNACHI who would end up paying my legal costs, again, to force NICK/INTERNACHI into complying with the Judges Order and enforcing his statement about members changing, it's Nicks responsibility to see that the Order is complied with. If you refuse him then he would likely still be liable for your use of the logo unless he or InterNachi took you to court for using a logo they own without permission.

    Whether NAHI has the balls to do anything is up to them, if they do then my bet is that Nick will be the one telling you to change.

    A question Joe, if your logos are worth fighting to the death over, what was HI Licensing in Florida worth, or are you going to refuse to become licensed and fight them to the death over that?


  55. #120
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    myself I will continue to criticize those policies and to explain them to interested parties in my area.

    Talk about your small world, here is a photo someone took of you publicly discussing NACHI. Not for nothing big fella but, it looks to me like you are struggling to reach your intended audience.

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  56. #121
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    Default Re: NAHI wins again in US District Court

    JoeB,

    Why go after the back end of the snake when you can go for the head? Anyone who has gone after a cottonmouth knows that....

    The Court will enforce the terms of the Judges decision. If NAHI has to pursue collection the Boulder County Sheriff will do the knocking for us.

    //Rick

    Rick Bunzel
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  57. #122
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Rick Bunzel View Post
    If NAHI has to pursue collection the Boulder County Sheriff will do the knocking for us.


    Of what possible interest could this veiled threat be to me living here in the Greater Tampa Bay area?


  58. #123
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post

    Speaking of logo's Joe, what does this one mean. Nick, John, Joe F., and others all say that NACHI an CMI aren't connected in any way, does this mean they're wrong?
    Logo has been around and in use for quite some time but since you are not a Member, what is your concern?

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  59. #124
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    Default Re: NAHI wins again in US District Court

    Folks, does anyone really care about who is going to enforce what? My word, you would think that this is about the saving of the polar ice cap and baby seals!

    This has to do with one person and his organization that he is head of, organization as we knew as NACHI has now been replaced by InterNachi. Not a big deal, but if folks still want to advertise the old organization let them. It is no skin off you back for them to do so. Sooner or later it will all be a moot point.

    Last edited by Scott Patterson; 11-29-2007 at 06:44 AM. Reason: spellin
    Scott Patterson, ACI
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  60. #125
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Joseph P. Hagarty View Post
    Logo has been around and in use for quite some time but since you are not a Member, what is your concern?
    Once again I'm fascinated by Nachi lies, only the other day Nick told everyone, again, that CMI had nothing to do with Nachi/InterNachi, that they are completely separate entities. I was even told that it was open to all inspectors who had $375. It seems the Nachi elite once again have different rules and that CMI is really another tier in InterNachi membership, which Nick also denies. A "NACHI CERTIFIED INSPECTOR", interesting. Not as interesting as Nick flip flopping or not paying his attorneys, but still interesting.


  61. #126
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Lewis Capaul View Post
    Once again I'm fascinated by Nachi lies, only the other day Nick told everyone, again, that CMI had nothing to do with Nachi/InterNachi, that they are completely separate entities.
    Where is the lie that you suggest?
    CMI has nothing to do with NACHI.
    CertifiedMasterInspector.org is a separate entity unrelated to NACHI.

    Quote Originally Posted by Lewis Capaul View Post
    I was even told that it was open to all inspectors who had $375. It seems the Nachi elite once again have different rules and that CMI is really another tier in InterNachi membership, which Nick also denies.
    CMI is not another tier of Membership in NACHI.
    CMI is unrelated and separate from the NACHI Organization.
    You seem to be having difficulty understanding. Since you are not a Member, what is your concern?


  62. #127
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    Default Re: NAHI wins again in US District Court

    Speaking of interesting - I noticed Nick has CMI after his name. I didn't think that he was a home inspector.... Probably dreamed doing 1,000 inspection or was it 1,000 radon inspections???? Oh well never mind a inspection is an inspection no matter what kind, right?

    //Rick

    Rick Bunzel
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  63. #128
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    Default Re: NAHI wins again in US District Court

    Scott,

    Obviously Lewis does. Thing is that today Lewis is a man without a logo, that cold hard reality is most likely what is driving his mania and feeding his fetish. His ravenous need to be a part of an association has forced him to go out on a limb attacking NACHI in a valiant attempt to court the favors of NAHI and reestablish himself in another association, once again securing a logo for his use.

    It is all very textbook Psychology 101 stuff.

    Joe.


  64. #129
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Scott Patterson View Post
    Folks, does anyone really care about who is going to enforce what? My word, you would think that this is about the saving of the polar ice cap and baby seals!

    This has to do is with one person and his organization that he is head of. The organization as we knew it, NACHI has now been replaced by InterNachi. Not a big deal, but if folks still want to advertise the old organization let them. It is no skin off you back for them to do so. Sooner or later it will all be a moot point.
    We started out discussing a legal action against Nachi and how things said by Nachi in July was so much different than what was said in September, especially in regard to whether or not all members were effected, Nick, in plain old language stated that they were.

    A question was made on how the required change could be enforced in Florida, I gave an explanation of a couple of ways, stating just about what Rick just said, go for the Head, the Head owns the Logos and has the authority to order any changes in the use of its logo. Pretty simple stuff until it got humorous with threats of "fights to the death", that's too funny to ignore and old Joe is too much fun to wind up.

    It doesn't matter which logo they use, neither has any credibility when the requirements are explained to clients or other parties, and either way Nick and his supporters lose, keep the logo after the great one said they would change, or change as was explained in the Order and Opinion. If Nahi has the balls then poor old Joe will end up changing, if not then he will demonstrate that Internachi is an association with no one at the helm. I like both options.

    Me, I'm easily entertained, and find success in making Joe foam at the mouth, this has been especially enjoyable because he has now claimed, on his clubs message board, to have sent all my posts regarding this issue to the Attorney General in Michigan and I guess, D.C....Like the Larry the Cable Guy says "I don't care who you are, that's funny", and it beats shoveling snow.


  65. #130
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    Default Re: NAHI wins again in US District Court

    Quote Originally Posted by Rick Bunzel View Post
    Speaking of interesting - I noticed Nick has CMI after his name. I didn't think that he was a home inspector.... Probably dreamed doing 1,000 inspection or was it 1,000 radon inspections???? Oh well never mind a inspection is an inspection no matter what kind, right?

    //Rick
    Nick G. was a Home Inspector for many years. The Company that he was with PEACH Inspections - Certified Home Inspections - Home Page is still operating today.


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