Subject: News from NYSAHI-DOS meeting canceled & ethics
From: Gregg Harwood
Date: Sun, 28 Oct 2007 09:25:23 -0400 (EDT)
To: gregg@professionalhome.com

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NYSAHI NEWS
Regulatory News For New York State Home Inspectors October 9, 2007
In This Issue
NYSAHI and NPR
President's Message
Our Duty of Care
Next DOS Meeting
Article Headline
Quick Links
Welcome to NYSAHI NEWS!
 
Our goal is to keep NYS home inspectors informed on statewide issues.  Of course, you can easily unsubscribe by clicking the "Safe Unsubscribe" link below. 
 
The mission of the New York State Association of Home Inspectors, Inc. is to promote the interest of its members and the home inspection profession in New York State with respect to regulation affecting the practice of home inspections.  Membership in NYSAHI is open to all home inspectors in our state.
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The answer to this question is that, like National Public Radio, NYSAHI provides valuable content up front and free to all, then asks for support from the people who receive the benefit from the services. 
 
And, like NPR, while the services are provided for free, it costs a significant amount of money to provide them.  This newsletter is free to any home inspector.  However, the knowledge that makes it possible and the advocacy that NYSAHI provides for our profession in Albany is not.  The cost of these activities is hundreds of volunteer hours per year by the NYSAHI board of directors and an annual budget of $16,000.00.
 
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Gregg PRESIDENT'S MESSAGE 
 
DO YOU HAVE A RELATIVE IN REAL ESTATE? 
 
While the DOS and the Advisory Council continue to work on the Code of Ethics for our profession, now is a good time to review the ethical standards that are written into the "Duty of Care" section of our licensing law.
 
Perhaps the most easily violated provision of this law is the ban on inspecting a property in which "such inspector, partner or relative thereof has a financial interest or any interest in the transfer thereof, including the receipt of any commission as an agent".
 
Hence, the title of this article, "DO YOU HAVE A RELATIVE IN REAL ESTATE?".  If you do, it is clear that you may not inspect any property in which they have an interest in the closing.   If, for example, your relative is a real estate broker, he or she has a financial interest in any transaction in which his/her sales people are involved as either the buyer's or seller's agent.  Assuming the broker is working under the standard commission based business model, these properties are off limits to the home inspector. 
 
Any person can give their opinion on the condition of a property.  What sets home inspectors apart as a profession is our training and objectivity.  Every person involved in a real estate transaction has the right to expect objectivity from the inspector and our Duty of Care requires it.    Stay away from properties where your objectivity could be questioned. 
 
There are several other provision in the Duty of Care which we must comply with.  The entire text of the Duty of Care is included below for your review.
 
DOS response to inquires about the definition of the words "relative" and "partner"  in the Duty of Care can be viewed by clicking here.
 
As always, please let me know of anything you think NYS home inspectors should know about.
 
Gregg
 
Gregg Harwood, NYSAHI President 2006-07
 Duty of Care, excerpted from the Home Inspection Professional Licensing Law 
(Click here for the text of the entire law) 

§ 444-g. Duty of care of home inspectors.
1. Every home inspector shall comply with the provisions of this article, and the rules, regulations and standards adopted pursuant thereto. The duty of every home inspector shall be to the client.
2. Every home inspector shall display his or her license number and status as a licensed home inspector on every home inspection report and in all advertising. Upon request of any client or interested party to a real estate transaction, every home inspector shall provide such proof of licensure pursuant to this article as shall be issued by the secretary for such purpose.
3. No later than five business days after the completion of a home inspection on behalf of a client, each home inspector shall provide such client with a written report of the findings of such inspection. The home inspection shall clearly identify in the written report which systems and components of the residential building were observed. Every such written report and the information contained therein shall be deemed confidential and shall not be disclosed without the express consent of the client; provided, however, that department representatives, conducting an investigation or other official business for the purpose of enforcing this article, shall have access to such reports and the information contained therein.
4. No home inspector shall:
(a) perform or offer to perform, for any additional fee, any repair, improvement or replacement of any component or system in a residential building for which such inspector, or partner thereof shall have prepared a home inspection report prior to the close of escrow. This paragraph shall not include repairs to components and systems not included in the standards of practice adopted pursuant to this article;
(b) inspect any residential building in which such inspector, partner or relative thereof has a financial interest or any interest in the transfer thereof, including the receipt of any commission as an agent;
(c) offer to provide or provide any commission, referral fee or kickback to the seller of any inspected residential building, or to the agent of either or both the seller and buyer of such building, for the referral of any business to such inspector or partner thereof; or
(d) agree to perform any home inspection or prepare any home inspection report for which compensation or employment is contingent upon the conclusions of the home inspection report, pre- established or prescribed findings, or the closing of a real estate transaction.
Nothing in this article authorizes a home inspector to practice engineering or architecture.
 Next DOS Meeting:...
 
All home inspectors are encouraged to attend.  There is a public comment session at each full meeting, but not at work session meetings. 
 

(Note: the October 10th work session meeting has been CANCELLED)

 

New York State Home Inspection Council

 
Location: Alfred E. Smith State Office Bldg., 80 South Swan Street, 10th Floor Exam/Conference Room, Albany
Date:
Wednesday, November 28, 2007 (Full meeting)
Time: 9:30 a.m.
Contact: Carol Fansler, (518) 486-3857
 
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UPCOMING EVENTS
Submit an announcement of your upcoming NYS inspector training event by clicking here.  Non-profit & not-for-profit organizations only please.
 
 

NY Metro ASHI Annual Seminar

Crowne Plaza, 66 Hale Avenue, White Plains, NY

October 19th & 20th

NYS CEU's: 15

OTHER CREDITS: 15 CEUs for ASHI, CT, NJ and MA

COST: See site for cost

NY Metro ASHI

Victor J. Faggella, 845-628-0941 vjf@centurion-inspections.com

http://www.nyashi.com/seminar/annual_seminar_07.htm

 

Building Science for Home Inspectors

  La Quinta Inn & Suites - Islip MacArthur Airport

Thursday, October 25, 2007

NYS CEU's: 6  Four for the morning session and 2 for after lunch

OTHER CREDITS: ASHI (6), NAHI (6), NACHI (6)

COST: $100

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science Workshop with Joe Lstiburek

Holiday Inn Buffalo Airport

October 15, 2007 Registration 7:30.  Workshop starts 8:30

NYS CEU's: TBA

OTHER CREDITS: ASHI, NAHI, NACHI 7

COST: $400 with  50% Training Incentive Cash Back to Attendees from NYSERDA

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science Workshop with Joe Lstiburek

Holiday Inn Turf on Wolf Road

November 2, 2007

NYS CEU's: TBA

OTHER CREDITS: ASHI, NAHI, NACHI 7

COST: $400 with  50% Training Incentive Cash Back to Attendees from NYSERDA

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science Workshop with Joe Lstiburek

Holiday Inn Syracuse/Liverpool

November  19, 2007 registration 7:30, Workshop 8:30

NYS CEU's: TBA

OTHER CREDITS: ASHI, NAHI, NACHI 7

COST: $400 with  50% Training Incentive Cash Back to Attendees from NYSERDA

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science Workshop with Joe Lstiburek

Hilton Long Island / Huntington

December 7, 2007, Registration 7:30 am, Workshop 8:30 PM

NYS CEU's: TBA

OTHER CREDITS: ASHI, NAHI, NACHI 7

COST: $400 with  50% Training Incentive Cash Back to Attendees from NYSERDA

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science for Home Inspectors

Rochester Home Builders Association, Inc.

Monday, October 29, 2007, 7:30 a.m. - Registration & Continental Breakfast

NYS CEU's: 6  Four for the morning session and 2 for after lunch

OTHER CREDITS: ASHI (6), NAHI (6), NACHI (6)

COST: $100

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science for Home Inspectors

 Holiday Inn Buffalo Airport

Friday November 9. 2007  7:30 a.m. - Registration & Continental Breakfast

NYS CEU's: 6  Four for the morning session and 2 for after lunch

OTHER CREDITS: ASHI (6), NAHI (6), NACHI (6)

COST: $100

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 

Building Science for Home Inspectors

Holiday Inn Truf

Monday December 3, 2007  7:30 a.m. - Registration & Continental Breakfast7:30 a.m.

NYS CEU's: 6  Four for the morning session and 2 for after lunch

OTHER CREDITS: ASHI (6), NAHI (6), NACHI (6)

COST: $100

Building Performance Contractors of NY State

Jim Hammel 315.638.1757,  Ed Voytovich ed@absolutehomeinspection.com

www.home-performance.org

 
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