Invitation To NETinspect Spring Seminar

Members,

At the last meeting, Charlie Reiman suggested that for the May CE class we could all join in and show our appreciation and support for Tom Sherman by taking a Spring Seminar class at the NETinspect on 5/15/21 instead of our own regular CE class. All members that were present at the meeting agreed that it was a great idea, and it would be a small way to show our appreciation to Tom for all he has been doing for STAHI through NETinspect.
I want to invite all of the members that weren’t at the last meeting to also join us by signing up for the NETinspect Spring Seminar. The information for the schedule, classes, and signup is below. See you all there.

Frank Macak, secretary

Rack Card
Walk and Talk Inspections

Position Statement on “Walk and Talk” Inspections

THE PERILS OF WALK & TALKS ATTENTION: NY State Licensed Home Inspectors The NYSAHI Board of Directors has been investigating a matter of substantial concern and this BULLETIN is sent to inform you of information that we have collected and our understanding of the growing practice of Walk & Talk “home inspections” in New York State. Walk & Talks, also known as “Walk-Though Consultations”, are characterized by short duration (perhaps only 30 minutes), usually no contract, no written report and substantially reduced fee as compared to a NYS Standard Home Inspection. These are performed by a consultant, sometimes a Licensed Home Inspector, who walks through a home with a Buyer client and discusses various conditions observed. Walk & Talks have become more frequent due to market pressure with limited housing supply during COVID. Some involved in selling a home have favored the practice to reach closing quicker in a strong seller’s market. Buyers are attracted to the reduced cost of the “inspection” and because a Walk & Talk can be done at a showing before making an offer. Also, relying on a Walk & Talk, Buyers often waive a Home Inspection contingency making their purchase offer more attractive in a competitive environment. Sellers may specifically encourage this in their offers for sale. We were advised that in some places in New York State the practice has become common and is encouraged by real estate industry professionals.
In response to our inquiry, the NYSAHI Board was advised by the Department of State, that regulates our profession, that since there is no written report produced, Walk & Talks are not Home Inspections under the professional licensing law and are not regulated. They also advised that Licensed Home Inspectors are accordingly not prohibited in that law from engaging in Walk & Talks. However, further exploring the practice, we have come to believe that Walk & Talks are contrary to the public interest that our State’s Home Inspection Professional Licensing Law was enacted to protect, and that all parties, especially Licensed Home Inspectors, that engage in the practice do so at great risk. Following are considerations that have led us to this conclusion: Buyers o Anyone can perform a Walk & Talk. There are no professional standards. Very unqualified persons may engage in the practice. o Buyers have limited legal recourse against any unlicensed consultant. o Even if performed by a Licensed Home Inspector, a Walk & Talk is by far substandard to a State regulated Home Inspection. It is not possible to properly evaluate all of the systems of a home in a short walk through. Undisclosed issues and unanticipated expenses are sure to arise after sale. o Without a written Home Inspection report a buyer has no professionally documented tool to use as a reliable basis for negotiation. o There is no Code of Ethics to protect a Buyer from collusion between their Walk & Talk consultant and others involved in the sale or from conflicts of interest. Sellers o Accepting a purchase offer waiving a Home Inspection, especially if in any way encouraged by the Seller, can expose the Seller to a claim for damages resulting from undocumented defects and/or those not detected in a Walk & Talk. Did the Seller prevent the Buyer from exercising due diligence? Did the Seller imply that waiving the inspection contingency was a requirement of sale? A real Home Inspection protects both Buyer and Seller. Realtors, Lawyers, Mortgage Brokers… o Real Estate professionals and allied professionals can be named in legal actions if they in any way recommend a Walk & Talk in lieu of a Home Inspection or for a Buyer to waive a Home Inspection. Realtors, especially,
have a duty to both Buyer and Seller to recommend a Home Inspection prior to sale. The Public o Walk & Talks fast-track the home buying process, shorting due diligence at a time when it is most needed for a perhaps life changing major investment. Licensed Home Inspectors !!! · Any service you perform without a written report is very likely not covered by your insurance. Without a report that service is not a Home Inspection and Home Inspection is your insured business. Your company and perhaps all your personal assets are on the line. · As a licensed professional you are held to a higher standard under the law. Regardless of anything you say or agree to, a Buyer has a rightful expectation to trust you to protect them from buying a house with undisclosed defects. Will you find them all in a half-hour? · Without a written Home Inspection report, any legal action against you may be based on hearsay. This can place you at a considerable disadvantage and in an indefensible position in court. · Providing a Walk & Talk could be considered encouraging the Buyer to purchase a home without a Home Inspection exposing you to substantial liability. · A Walk & Talk performed without a contract further increases liability. · Lawsuits against Home Inspectors involved in Walk & Talks are increasing. We have come to believe that the practice of Walk & Talk is contrary to the public interest and the spirit of the law that established our profession which recognizes that “A home inspection has a direct and vital impact on the quality of life for all home buyers”. We also believe that Licensed Home Inspectors engaging in such practice undermine the credibility of our profession by offering an unreliable and far inferior service compared to a Home Inspection conducted within the Standards of Practice. We remind you all that “In performing home inspection services, home inspectors shall adhere to the highest principles of ethical conduct. “ We do not believe it is ethical for a Home Inspector to engage in this questionable practice because Buyers may reasonably, but in ignorance,
rely on a Walk & Talk conducted by a Licensed Home Inspector to be equivalent to a true Home Inspection. Sincerely, NYSAHI Board of Directors • NYSAHI serves Licensed Home Inspectors statewide by monitoring current events, legislation and regulation, by lobbying government in the interest of the profession and by keeping NYS Home Inspectors abreast of important developments. We are supported by our regional professional associations and by donations from individual Home Inspectors. Please make sure to do your part to sustain our activities. Individuals are encouraged to contribute $75 per year to become or remain a sustaining member of NYSAHI. click here
Sincerely, Annie-Laurie Hunter NYSAHI Website 315-481-4237
NYSAHI | Website

April 2021 STAHI Meeting Agenda

STAHI April 2021 Meeting Agenda 

4/20/2021

Call to Order: 6:00 PM (All are Muted on Zoom – Use space bar to speak up)

Roll Call Introductions.  Members and Guests. 

  • Larry’s Guest – Aaron Menlove, InspectorPro Insurance

Determine Quorum (by Secretary based on current membership) minimum required plus presence of President or Vice President)

Requests from Members for Modifications to this Meeting Agenda?

Approval of March 2021 Meeting Minutes as posted on STAHI website

  • Any requests for revisions?
  • Approval

Secretary’s Report (Frank Macak)

  • Report
  • Other?

Treasurer’s (Nathan Mann) Report and Approval

  • Monthly Treasurer’s Report
  • Transition status
  • 2021 Dues/Member Roll status
  • Request to expedite payment of dues collected for NYSAHI
  • Other?

Education Coordinator Report (Charlie Reiman Education Coordinator)

  • Projected CE Training
  • Tonight’s Education Events:  At end of business meeting: “Questions About Home Inspector Insurance” –Aaron Menlove; After business meeting: “Water Intrusion & Wood Rot – Wood Rot Damage for the Home Inspector”, 2 NYS CE credits – George Schambach.
  • Other?

NYSAHI Report (Tom Ott & Larry Ames 2021 STAHI Representatives)

  • Report
    • Walk-Through Inspection Bulletin
    • Lobbyist Contract
  • Other?

Website Committee Report (Jamie Arnold, Chairman & Frank Macak, Ex-Officio)

  • Website Restored
  • Website Update Work
  • Referrals by STAHI website
  • Other?

Old Business

  • STAHI Meetings to continue on Zoom at regular time until safe to meet at The Spot. COVID infection is still prevalent with new strains arising.  Vaccination programs have picked up.  Still looking to June as possible date of getting back to in-person at The Spot (COVID dependent).
  • STAHI Rack Card design proposal (Tom Ott & Larry).  Authorization pending Treasurer approval of $330 for 5000 ea.  Larry solicited quote from Curcio Printing at member request… $744. 
  • V.P. Russ Fontaine – Proposed Rack Card Distribution List.
  • Continuing Call for new CE Opportunities from Members
    • NYS Approved Courses – looking for new courses
    • Mini Subjects
    • Allied Trades & Professions
    • Show N Tell Submissions
  • By-Laws Revision Proposal – Dues.  Tabled from last meeting.  Related Considerations – Nathan Mann & Jamie Arnold

New Business

  • Thanks Again and Again!!! To Tom Sherman for hosting.
  • Other?

Education Segment (Non – NYS CE)

  • “Questions About Home Inspector Insurance” – Addressed by Aaron Menlove, InspectorPro Insurance (Citadel), Lehi, Utah. 

Adjournment  (Next Meeting on Zoom 6 PM May 18th)

CE Module: “Water Intrusion & Wood Rot – Wood Rot Damage for the Home Inspector” L -1031- 02, 2 NYS CE credits by George Schambach. (Hired CE per authorized STAHI budget)

REMINDER: In accordance with NYSDOS Requirements you must be personally visible And Attentive on Zoom all during the CE session to receive State credit. (a short “bathroom” break is permissible).

NETinspect Conference 2020

All STAHI members,

Its time again for another NETinspect conference, and a great educational opportunity with Tom Sherman and other knowledgeable educators, who will be presenting classes on various topics for home inspectors, worth 14 hrs. of NYS CE.

Please note that this years’ NETinspect conference location has been moved to a different location. Please visit the link below for signup, the dates of the conference and more detailed info.

STAHI January’s 2020 Meeting Agenda

STAHI January 2020 Meeting Agenda 

01/21/2020

Call to Order: 6:00 PM 

Round Table Introductions and Members Introduce Their Guests

Determine Quorum (14 Members minimum required plus President or Vice President)

Requests from Members for Modifications to this Meeting Agenda?

Approval of December 2019 Meeting Minutes as posted on STAHI website

  • Any requests for revisions?
  • Approval

Secretary’s Report (Frank Macak)

  • Status of Website
  • Documentation of Member CE Commitment Request
  • Other

Treasurer’s (Dale Lozier) Report and Approval

  • Year-End Report
    • Membership Summary by Category
    • Accounts
    • Scholarship, Sponsorship and other obligations
  • Collection of Annual Dues – Dues are due at this meeting.

Education Coordinator Report (Keith Oberg Education Coordinator)

  • Projected CE Training and Scheduling of Contributions of Member’s CE Commitments.
  • Tonight’s NYS Approved Course, Code L0580-02: “Oil Tanks – The Inside And Outside Of Tanks”, by George Schambach.

NYSAHI Report (John Vagliardo & Tom Ott, 2020 STAHI Representatives)

  • NYSAHI Request for suggestions for revision of NYS Standards of Practice and Code of Ethics.
  • Notification to NYSAHI by Letter from Secretary of Election of STAHI 2020 Representatives.

Old Business

  • CE Commitments by Members – Review of Commitments made (As recorded by Secretary in Minutes) and Round Table Update for those who have not yet made or finalized their Commitment. 

New Business

  • STAHI Sponsored CE Realtor Training by George Schambach
    • Schedule of Modules
    • STAHI Members May Attend
  • Consideration of Rick Bate’s Proposal

Men,
I have gotten my approval as an instructor for continuing education for Realtors – Thanks for the assistance from STAHI! We are currently designing a number of courses for both NYS Realtors & Home Inspectors that we also plan to invite contractors and material suppliers to attend as well. Below are a few points to begin the discussion on how this may benefit everyone.

  1. Courses and instructors must be approved separately given the difference in NYS licenses as far as I can tell. Marc M. at DOS does both Realtor and Home Inspector instructor and well as course approvals.
  2. The courses we are designing are (1) hour courses for Realtors and lenders, (2) hour courses for contractors, home inspectors and material suppliers. The courses are more in-depth for the home inspectors, contractors and material suppliers obviously.
  3. The courses could be given at the same time with Realtors, contractors, inspectors and material suppliers all attending the first hour then the second hour would be a deeper topic dive with more specifics, technical points, codes, etc. This will also depend upon the venue capacity.
  4. We plan to utilize material suppliers for our locations – Lowe’s, Home Depot, etc. and plan to have (2) locations in Chemung County and (2) locations in Steuben County for starters.
  5. We have a contract with Preferred Systems, Inc. as the school but are also looking to see if STAHI wants to be involved in multiple different ways:
    a) As the location for any courses provided for Realtors and others – standard approach we have been using thus far.
    b) As the registering school for the home inspection and/or Realtor courses. George has informed me that STAHI is approved for continuing education for Realtors as well and I am not sure what other STAHI members might also be approved.
    c) As a sponsor for courses provided at the other destinations
  6. As the designer and instructor of these courses I would contribute them to STAHI for registration and scheduling as the organization sees fit if the membership is interested in this significant expansion – It is looking like (15-17) courses at this point with an additional (11) already approved and in the Preferred Systems, Inc. and DOS registry for Realtor continuing education credit this year.
  7. One item for discussion is that if the other venues are not sponsored by STAHI for means of either promoting the organization and/or gaining additional members, then I would not be offering them to my competitors in Chemung & Steuben Counties since the entire reason for doing this is to promote our own inspection company to Realtors, Lenders, Contractors and Material Suppliers. Also I am not interested in the additional efforts of marketing/promotion, registering, attendance sheets, course fee collection, etc.
  8. With more than a dozen new courses it will be important to manage the registration process effectively since there is a $25/course/year renewal fee so we would need to be sure to register the ones we plan to provide in that calendar year.
  9. There are limits on the number of venues for each course – We need to find out how many can be included with each course application/renewal since other STAHI members may want to use the courses in their home business territories. I would not agree to having my courses being used by my direct competitors in Chemung & Steuben Counties even if they are STAHI members and approved instructors. There is a question of ownership of the course materials – to date the developer/instructor has retained the course presentation, not STAHI. STAHI has paid for initial registration and periodic annual renewal.
  10. FYI – I believe only (5) of the (17) advertising home inspectors in the Chemung/Steuben County area are STAHI members. Some have voiced a positive response to having courses given locally, not in Binghamton. Something we would need to discuss and set some guidelines about.
  11. Simultaneously also looking at the continuing education requirements for insurance agents and lenders – just one of the reasons I have partnered with Preferred Systems, Inc. They have access and a turnkey process that is well beyond what was designed and implemented for STAHI a few years ago.
  12. BTW: The system that was started for STAHI has the capability to handle increased capacity, including attendee registration and payment options as well as can accommodate other licensed professionals with some modification.
    We will be furnishing STAHI with a list of courses with descriptions prior to the next meeting.
  • STAHI Service Recognitions – by Larry Ames

Adjournment    

December’s Meetting Agenda

STAHI December 2019 Meeting Agenda – by Larry Ames, President

12/17/2019

Call to Order: 6:00 PM 

Round Table Introductions and Members Introduce Their Guests

 Determine Quorum (14 Members minimum required plus President or Vice President)

Requests from Members for Modifications to this Meeting Agenda?

Approval of September, October, November 2019 Meeting Minutes as posted on STAHI website

  • Any requests for revisions?
  • Approval

Secretary’s Report (Frank Macak)

  • Status of Website
  • Response to Member CE Commitment Request
  • Other

Treasurer’s (Dale Lozier) Report and Approval

  • Membership Summary by Category
  • Accounts
  • Scholarship, Sponsorship and other obligations
    • McGovern Memorial – Confusion regarding date of event lead to failure to fund the proposed hole-in-one.  Contacted Sean McGovern.  Too late to send dedicated funds this year.  Propose saving dedicated funds for next year with approval of matching funds to double next year’s contribution.
    • Motion?
  • President requests Treasurer to provide a Year-End report at next meeting.

Education Coordinator Report (Keith Oberg Education Coordinator)

  • Projected CE Training
  • Tonight’s NYS Approved CE: L0637-02 “Review of NYS Code of Ethics and Regulations for Home Inspectors” by Keith Oberg

NYSAHI Report (Keith Oberg & John Vagliardo, 2019 STAHI Representatives)

  • Legislation – Exam bill – Signed by Governor into law.
  • Letter from NYSAHI President: Request for suggestions for revision of NYS Standards of Practice and Code of Ethics

Old Business

  • Opening Meetings and CE to Realtors/Appraisers
    • Positives and Negatives of proposal – discussion
    • Motion?
    • NYS Approval for Future multi-discipline CE submissions?
  • CE Commitments by Members – Round Table (To be recorded by Secretary in Minutes.  Scheduling and coordination of fulfillment of commitments to be by Education Chair and Committee)

New Business

  • Annual Leadership Nomination and Election
    • Two NYSAHI Representatives: (Nominated – John Vagliardo and Tom Ott)
    • Other Nominations?
    • Move to Close Nominations
    • Vote for NYSAHI Reps for 2020
  • Tech Talk: California Closed Shingle Roof Valley – by Larry Ames
  • Expression of Appreciation of our Excellent Server, Tara.

Adjournment