New Rules Like Sand in The Shorts for NC Buyers

[hausdok]

Inspectors and homebuyers aren't very happy with the new rules in North Carolina which prohibit a home inspector from recommending how something should be repaired in their summary reports. The real estate folks like the change, though. Huh, imagine that?

To read the entire article click here.

[kurt]

This bugs me, but I'm still trying to figure if it really means anything. You can tell someone to fix something, right? You just can't say how.

I'd give them the summary that says to fix something, then references a second sheet w/a blaring headline saying "this is what you should know that the realtors don't want me to tell you", or something like that.

I think this is a great opportunity for inspectors to show the whole real estate transaction model for what it is. NC inspectors should come up w/some creative disobedience. Build up some righteous indignation w/consumers, and let them make noise. The realtors can't appear to be anything other than weasels.

[hausdok]

Hi Kurt,

That's actually a good suggestion. The law hasn't gone into effect yet. The article says that if 10 or more persons protest it that it could get postponed. Well, the law is only going to effect Summary reports. How about if all of the inspectors that are against it were to band together and refuse, for the foreseeable future, to provide any form of a summary report to anyone. The reel-tours would probably go right up the wall! When clients ask why they won't provide summary reports, they can say something like, "Because soon, under a new rule that the reel-tours favor, I won't be able to provide you information about necessary repairs in any summary reports. Since there's won't be any prohibition against my telling about necessary repairs in the full report body, I choose, for your benefit, not to produce a summary report."

Word would be bound to leak out to the media. Before you know it, that 10 letters of objection that they need might amount to literally hundreds, maybe even thousands. Legislators don't like to be made to look like the villains and NC is a mostly rural state populated mostly by good hard working folk who won't appreciate their legislators taking the side of what amounts to crooked legislation.

Isn't this an election year? I wonder if N.C. has provisions where any ordinary schmoe can start ballot measure initiatives. We've got a pain-in-the-a** here in Washington who's always walking around with a petition, getting enough signatures to get various initiatives on the ballot. Then he tries to push them through. That's the kind of thing that guy would probably do if it were happening here and he opposed it.

Just some ideas if any of the North Carolina brethren reading this are looking for suggestions.

ONE TEAM - ONE FIGHT!!!

Mike

[Brandon Chew]

I was curious about this so I took 10 minutes to hunt the relevant sections down. This is from the "Purpose and Scope" section of the North Carolina HI SOP:

.1103 (b) Home inspectors shall:

...

(3) Submit a written report to the client that shall:

(A) Describe those systems and components required to be described in Rules .1106 through .1115 of this Section;

(B) State which systems and components designated for inspection in this Section have been inspected, and state any systems or components designated for inspection that were not inspected, and the reason for not inspecting;

© State any systems or components so inspected that do not function as intended, allowing for normal wear and tear, or adversely affect the habitability of the dwelling;

(D) State whether the condition reported requires repair or subsequent observation, or warrants further investigation by a specialist;

© This Section does not limit home inspectors from:

(1) Reporting observations and conditions or rendering opinions of items in addition to those required in Paragraph (b) of this Rule;

(d) Written reports required by this rule for pre-purchase home inspections of three or more systems shall include a separate section labeled “Summaryâ€

[hausdok]

Well,

In case anyone missed it, the new rules aren't actually in effect yet. This has generated some media interest in North Carolina though. I guess there have been about 5-6 articles in the past week or so by papers around the state, because somebody - I'm thinking some home inspectors - has been getting the media into the mix, and this is apparently got a few consumers wound up. For all I know, these folks could be friends and relatives of inspectors disgruntled with the process, but if that were the case I'd just have to say, "Keep it up," to the inspectors who are fighting this.

The fact that the summary report is mandated by law for any inspection of more than 3 components of the home makes it clear that the reel-tours must have had a heavy hand in crafting their existing laws there.

OT - OF!!!

M.

[SonOfSwamp]

Originally posted by hausdok

Well,

In case anyone missed it, the new rules aren't actually in effect yet. This has generated some media interest in North Carolina though. I guess there have been about 5-6 articles in the past week or so by papers around the state, because somebody - I'm thinking some home inspectors - has been getting the media into the mix, and this is apparently got a few consumers wound up. For all I know, these folks could be friends and relatives of inspectors disgruntled with the process, but if that were the case I'd just have to say, "Keep it up," to the inspectors who are fighting this.

All NC HIs and/or consumers need is one telegenic public-speaking type who can get on local TV during the November sweeps. I can't see any reeltors or legislators trying to defend such anti-consumer rules.

I sure am glad I don't do HI work in North Carolina. Of course, I think it's just a matter of time until all states have a law that basically says, "The home inspectors will do exactly what the real estate lobbyist(s) tell them to do." That's already the case in TN.

WJid="blue">

[randynavarro]

It drives me crazy. More often than not, these journalists refer to the inspection process as "a way to find hidden problems".

Anyone found any problems that are hidden?

[hausdok]

Well, yeah,

I think all of us have occasionally found stuff that homeowners have attempted to conceal, but I suppose, strictly speaking, that's not exactly the same thing.

Picky, picky.

Hey Randy, if you're not doing anything this morning, come over to the Denny's at N. 155th and Aurora at 9:00. The coalition is having it's monthly meeting there and the guy who did the HI licensing sunrise study for the state is supposed to show up to talk about his findings.

OT - OF!!!

M.

[kurt]

Originally posted by SonOfSwamp

Originally posted by hausdok

I think it's just a matter of time until all states have a law that basically says, "The home inspectors will do exactly what the real estate lobbyist(s) tell them to do." That's already the case in TN.

WJ[/blue]

Probably, but honest, I'm not worried about it. It's a low cost guerilla opportunity to hit back. None of in this pipsqueak business have the budget or capability to get in the news; the realtors, by enacting this legislation, are doing most of our job for us.

All we have to do is be creative in our disobedience. Which, given the well observed tendency of HI's to not herd effectively, is a long shot.

Taking the devil's advocate position, much of this is our own fault. Most of the HI reports I see are horrible, the summaries rambling and idiotic, etc. It's the result of report "writing" software programs as much as anything else. If I was a realtor/dealmaker having to sort through the mangled communication in HI reports, I might lobby my legislature to do something about it too.

Creative disobedience. Think about it.

[hausdok]

Hi All,

Well, maybe there's hope for the N.C. HI's yet. Here's an opinion piece from today's Charlotte Observer.

[Erby]

Kinda says it all, right there.

Wonder how many of the legislators read that paper??

Whoops, that's not the capital paper. Searching the capital paper website, they haven't even addressed the issue.

[Marion Peeples]

The inspection summary rules change put forth by the North Carolina Home Inspector Licensing Board has been beaten back, at least for now.

Today was a good day, but more challenges remain.

Marion Peeples

[kurt]

Hey Marion....

That's very cool, although, I think you NC guys lost a creative opportunity for revealing the realtors to be the weasels they are.

[:-dev3]

[Marion Peeples]

Kurt,

Trust me when I tell you the opportunity was not lost.

The Governor publicly slammed the rules change and the State Insurance Commissioner reclaimed his seat on the Home Inspector Licensure Board today so he could be seen publicly supporting us by voting against the rules format change.

It simply doesn't get any better than this.

MP

[hausdok]

Here are some more stories on the topic. The second one has a video. Pretty kewl hat Marion. []

http://www.newsobserver.com/business/story/766398.html

http://news14.com/content/top_stories/5 ... fault.aspx

http://www.charlotte.com/business/break ... 55402.html

OT - OF!!!

M.

[Marion Peeples]

Mike,

Thanks re the hat. Both me and my attire are built for comfort, not speed.

MP

[Erby]

1,300 Home Inspectors and only a couple dozen showed up?

Hat's off (no slam on your hat, Marion) to those who gave up some income to protect all our businesses (set a precedent) and the consumers.

It was enough to get the job done and that's what counts.

[Marion Peeples]

Shine the bright light of public attention on the rats and they will always scurry for cover.

Just like my buddy Andy Hilton sez, any time you come down on the side of public safety you will always have the high ground.

Mariuon Peeples

[kurt]

Originally posted by Marion Peeples

Shine the bright light of public attention on the rats and they will always scurry for cover.

Just like my buddy Andy Hilton sez, any time you come down on the side of public safety you will always have the high ground.

Mariuon Peeples

Ain't it the truth. Turn the lights on the bastards, and let public opinion judge them righteously.

In a way, it was too good to be true; the rats were so absorbed in their own filth, they were oblivious to how bad they were making themselves stink.

Hats off to the NC men. I'm proud of youse guys.

[Scottpat]

This is the report that I got from a friend who was in at the meeting, with a picket sign!

Today’s NCHILB board meeting was well covered. We had 3 different TV crews in the parking lot with 20 NC-ASHI members picketing the board meeting.

The leadership of the NCAR has been pushing for a rules change that would prevent HI’s from including items deemed as Safety Items on the Summary page, which is the page most people read and that the Realtors are attempting to use as a negotiating tool.

We finally got the attention of Governor Easley and he wrote a letter to David Jones directing the NCHILB to drop the rule change.

In addition, the Commission of Insurance, Jim Long, took the seat of the DOI and sat on today’s board meeting casting a vote and an opinion in concert with the Governor’s.

THE RULE WAS TABLED to the Rules Committee. It will be re-visited as it comes out of that committee next March, according to the vote.

Lots of tension today but it was a great day for HI’s.

[hausdok]

Here are some responses from sellers and buyers to the Charlotte News & Observer Editorial that's linked above.

Click here.