URGENT - ALL MICHIGAN HOME INSPECTORS - InspectionNews

Randy Aldering · #1 (**permalink**) 06-18-2008, 08:19 AM

This is an urgent message from the Michigan Association of Home Inspectors to all Michigan home inspectors, and inspectors in Wisconsin, Illinois, Indiana, and Ohio.

MichAHI needs you to join our fight against Michigan House Bill 6088. The bill was reported out of committee in relatively good shape, compared to what it started out as. Anti-consumer interests are attempting to add amendments that would destroy the profession in Michigan.

The Michigan Association of Realtors is demanding an amendment that would impose "strict liability" on the home inspector for any damages resulting from or related to any activity carried out under the Act. This means that we could be held liable for problems completely and totally out of our control. It essentially indemnifies the real estate agents, and would make liability insurance of any type, including E&O, unavailable to home inspectors performing home inspections in Michigan.

Please join MichAHI in this fight against bad legislation. Visit MichAHI - Michigan Association of Home Inspectors and send in your membership today.

Deleted Account · #2 (**permalink**) 06-18-2008, 08:22 AM

You just can't make this **** up!

Randy Aldering · #3 (**permalink**) 06-25-2008, 04:35 PM

HB 6088 has been stalled by a real-estate agent / trial lawyer amendment that would place liability for everything on the home inspector, including the Iraq War, high gasoline prices, etc. Here's the wording of the trial lawyers / real estate agent amendment:

"A home inspector and his or her firm are strictly liable for any and all damages of any type sustained by their client as a result of a violation of this article or any act or omission committed by a home inspector while performing activities pursuant to a license under this article. The damages are not subject to any limitations set forth in a contract for home inspections services or elsewhere".

Home inspectors that work in Michigan need to voice opposition to this amendment to the Michigan House of Representatives. If a Michigan resident, contact your representative by telephone, fax, and e-mail.

Randy Aldering · #4 (**permalink**) 06-27-2008, 09:13 PM

The Michigan House will likely act on House Bill 6088 before August. MichAHI is in the planning stages for a Mid-Michigan meeting on HB 6088 for ALL Michigan Home Inspectors. We are in a win-win situation right now, but to keep it that way, MichAHI needs the support of all home inspectors in Michigan. Please stay tuned for further information on the up-coming meeting.

Scott Patterson · #5 (**permalink**) 06-28-2008, 09:08 AM

Quote:

Originally Posted by Randy Aldering

HB 6088 has been stalled by a real-estate agent / trial lawyer amendment that would place liability for everything on the home inspector, including the Iraq War, high gasoline prices, etc. Here's the wording of the trial lawyers / real estate agent amendment:

"A home inspector and his or her firm are strictly liable for any and all damages of any type sustained by their client as a result of a violation of this article or any act or omission committed by a home inspector while performing activities pursuant to a license under this article. The damages are not subject to any limitations set forth in a contract for home inspections services or elsewhere".

Home inspectors that work in Michigan need to voice opposition to this amendment to the Michigan House of Representatives. If a Michigan resident, contact your representative by telephone, fax, and e-mail.

That is pretty standard language in most of the home inspector laws. It is basically saying that if you Screw Up you are responsible for your actions.

Truth be known is that you can not deny professional negligence no matter what you have in a contract, no matter if you are in a licensed state or not. If it goes to court and the judge/jury finds that you did in fact screw-up then you will be held responsible. The days of putting a $$ limitation on your claims are gone. Case law in many, many states have said that capping your liability in a contract can not be upheld. Better get that E&O coverage!!

This legislation is just spelling it out.

Randy Aldering · #6 (**permalink**) 07-10-2008, 12:50 PM

Scott,

The language amended to HB 6088 is not typical. The term "strict liability" is very broad. This, and the remainder of the clause, would create liability for the home inspector from the time they stepped over the threshold to the time the home was torn down. That is the legal interpretation that we have been given.

MichAHI will be holding a meeting in Clare, Michigan on the 26th of July at 2:00 p.m.

Meeting location is the Days Inn located in Clare, Michigan at 10100 South Clare Avenue near US-10 and US-27. The meeting is open to all home inspectors that practice in Michigan, including those in Ohio, Indiana, etc., and the press.

Randy Aldering · #7 (**permalink**) 07-21-2008, 07:32 PM

All Michigan home inspectors are asked to meet at the State Plate, ground level, Anderson House Office Building, 0900, Wednesday 23 July 2008.

Randy Aldering · #8 (**permalink**) 07-25-2008, 11:06 AM

Wednesday was a success! MichAHI was able to effect removal of the "strict liability" amendment that was added to HB 6088 on June 12th. Whether the bill will be voted on this year or not remains to be seen.

John Carroll · #9 (**permalink**) 07-25-2008, 07:28 PM

So, the sky didn't fall in after all. Good work, chicken little...

Randy Aldering · #10 (**permalink**) 08-02-2008, 04:55 PM

At last report, the 'strict liability' language had been removed. Unfortunately, that was premature, and the language remains in the bill. The bill remains on the Michigan House calendar, but it is not known if there is any intent to do any thing more with this bill this session, or not. If the bill moves, substitute wording for the 'strict liability' language, developed by Rep. Bill Huizenga's office, may be adopted as a replacement. There is no guarantee of this. There is more work we would like to see on this bill.

Recently, due to errant communications originating from misinformed sources, we have had to work very hard in order to keep communications open with several very hot legislators who might be inclined to 'correct' home inspectors - not the source, but MichAHI and home inspectors doing business in Michigan. We don't need the extra trouble.

Vince Santos · #11 (**permalink**) 08-10-2008, 07:01 PM

Quote:

Originally Posted by Randy Aldering

At last report, the 'strict liability' language had been removed. Unfortunately, that was premature, and the language remains in the bill. The bill remains on the Michigan House calendar, but it is not known if there is any intent to do any thing more with this bill this session, or not. If the bill moves, substitute wording for the 'strict liability' language, developed by Rep. Bill Huizenga's office, may be adopted as a replacement. There is no guarantee of this. There is more work we would like to see on this bill.

Recently, due to errant communications originating from misinformed sources, we have had to work very hard in order to keep communications open with several very hot legislators who might be inclined to 'correct' home inspectors - not the source, but MichAHI and home inspectors doing business in Michigan. We don't need the extra trouble.

Thank you for the update. I only wish it were better news.

Rick Fluharty · #12 (**permalink**) 08-10-2008, 08:44 PM

Working for the State in a round about way as a Energy Inspector full time I still enjoy going out on a HI once in awhile. It's getting to a point that the two are running hand and hand. I would really hate to have to give up my HI just becouse some fools down in lansing are just trying to make there make and a few bucks on the side. It wil sort out the onces who take this work to hart and the ones who are just trying to make a buck.. I'm one of the ones who take it to hart.