Jerry Simon Posted November 8, 2010 Report Posted November 8, 2010 Are our license laws changing? Anyone know anything concrete about such? Thanks.
kurt Posted November 8, 2010 Report Posted November 8, 2010 Yes, there's some changes, but it's mostly in fine tuning the SOP. The skinny from State is the expectation that about 1/2 of licensees are not going to reup. I sent my app in and got my license back in 4 days. For the State to turn a license app around in less than a month is amazing; to do it in 4 days is unbelievable. They must not have anything to do.
Jerry Simon Posted November 8, 2010 Author Report Posted November 8, 2010 I heard we will now be responsible for letting the homeowner know about any safety hazards, with no delineation between an imminent hazard like an arcing wire in an open junction box, or an open junction box knockout in the far corner of the crawl space (a potential shock/fire hazard). If this is true, what a can of worms; we'll now have a fiduciary relationship with the homeowner - not just our client. I gots about 147 reasons why this would suck big-time. Is this at all true???
kurt Posted November 8, 2010 Report Posted November 8, 2010 Not fiduciary; we have no financial relationship with the seller. Ethical, moral, yes, but fiduciary implies those things related to a financial consideration. It hinges on the "in the opinion of the inspector" thing. I don't see it as all that big a deal. Not more a can of worms than all the other stupid crap we're supposedly liable for. Personally, I plan on putting it all on the realtors; I'll tell them, and document I told them. Pretty much what I do now when I see something that I consider truly dangerous.
Jerry Simon Posted November 8, 2010 Author Report Posted November 8, 2010 I don't see it as all that big a deal. Not more a can of worms than all the other stupid crap we're supposedly liable for. Personally, I plan on putting it all on the realtors... Not a bad idea, putting it on the realtors. But... Depends how the SOP is worded. I'm anxious to see such. I just don't want a seller pissed-off at one of our reports coming back to us for not reporting a safety issue in their house. Say we don't report a for-the-most-part innocuous, potential safety hazard, and the seller claims they were harmed by such. Sellers are always looking to *get us* for reporting bad things about their pride & joy; I see this as a way some luni homeowner can try and get us back. Fiduciary or not, it's a relationship I don't want the responsibility for. Not to even mention who you tell, how you tell 'em, how you find 'em to tell 'em, how you document, disclosure issues to other than your client, cetera, cetera, cetera. That said, you're probably right; nothing to fret about, but it's slow...
Mark P Posted November 8, 2010 Report Posted November 8, 2010 Here is a file that shows all the changes to the state rules. I forgot who sent this to me and I cannot speak to it accuracy - but looks good to me. Download Attachment: Revised Home Inspection Rules 6_3_10.pdf 144.19 KB
Mark P Posted November 8, 2010 Report Posted November 8, 2010 Taken from the new rules - I find the following interesting. I'm not too keen to train the new competition. "Field Inspection Event" means an examination and evaluation of the exterior and interior components of an actual residential real property conducted by a candidate for a home inspection license under the supervision of a licensed home inspector with at least 5 years experience. Field Inspection Events are conducted for the purpose of learning inspection methodology, techniques, communication and observation skills and describing observed conditions. A licensed home inspector can supervise a maximum of 5 licensure candidates in each Field Inspection Event."
asihi Posted November 9, 2010 Report Posted November 9, 2010 Jerry, This seems to be the change you're talking about; The licensee discloses any information concerning the results of a home inspection without the approval of the client, unless conditions that threaten health, safety or welfare exist that require emergency action. If any dangerous situations exist, the home inspector is required to report those findings to the home owner. I guess it leaves it up to you to determine what requires "emergeny action", but this doesn't seem to be that big of a deal. BTW, thanks Mark for posting this.
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