The existing licensing law is no panacea but there was a board of grievances to appeal to if you were improperly accused of misconduct by agents or unhappy sellers. On January 1st, the Home Inspector Licensing Board will be disbanded even though the members have served well and without pay. Inspectors will face an unknown appointee, possibly a real estate agent (we have done this in the past), who will decide our fate without the help of a board of peers to guide him. There is no balance in this system.

On January 1st, 2012, Illinois Inspectors can be fined $25,000 or physically sent to jail for inspection omissions, according to the new law. This reeks of overkill. This threatens all inspectors whose primary judgement is based upon visual conditions.

From the beginning, the Inspector Licensing Law was created by the real estate community. After funding the law, they appointed a real estate agent as our board chairman. Once again inspectors are being manipulated to “pass all houses” or risk losing their businesses.

The 2012 licensing changes are unnecessary and fail to serve the public interest. The imposed $25,000 fine is intimidating to inspectors who already want to support the public trust while protecting consumers. In addition to representing the inspection point of view, the Board serves to prevent 3rd party control over inspections and standards. It is because inspectors serve as a check to the real estate sales process that we were licensed initially. The licensing standard that I wrote with Representative Erwin and brought to the State would have home inspectors overseen by the Department of Professional Regulation — the same place engineers are licensed. Here is where we belong — away from the control of those who stand to make thousands of dollars with each sale.

ALL HOME INSPECTORS’ JUDGEMENT AND OPINIONS ARE BASED UPON VISUAL STANDARDS BY LAW. THEY ARE INHERENTLY LESS ABLE TO BE CONFIRMED AND LESS ACCURATE THAN JUDGMENTS
MADE WITH ENGINEERING. INSPECTORS WILL BE CULPABLE IF ENGINEERING STANDARDS ARE APPLIED.

Today, home inspectors can be fined up to $10,000 for violations of the licensing law and receive misdemeanor citations. On January 1st, 2012, they can be fined $25,000 per offense, an amount that would put all of us out of business. We are also liable up to a Class 4 felony for negligence in performing our duties. Why this severe punishment for trying to help Illinois homebuyers become aware of what they are buying? This new law does not further the goals of Illinois Home Inspectors or the home buying public. It does not restore faith in the real estate process. It delivers the process to the power brokers.

The Illinois Inspector Licensing Act was written and mandated within a visual standard. This gives home inspectors permission to add visual clues together while defining large scale systemic problems. The threat of a multi-year prison sentence discourages “systemic” inspections where inspectors have to add visual clues together to complete their analysis. These clues, by nature, won’t be supported by engineering where the clues will have to be confirmed using destructive means. A visual exam is inexact and will not stand up to an engineering analysis. Are we to go to jail due to this dichotomy in the law? We need the visual standard and its flexibility to assess asbestos, for instance, and point our clients in the right direction for more information.

I believe State Representatives and Senators have lost focus of the needs of the people of Illinois. Do they think that threatening the home inspection community with time “in the big house with other convicted felons” (Class 4 Felony punishment) will help Illinois citizens? Is there anyone out there reading this that doesn’t see the connection between bad real estate sales and the recession? The real estate community, not the inspectors, need a more punitive licensing standard.

The way to restore the economic viability of the real estate industry is to restore faith in the real state process. Home Inspectors represent the key to restoring the faith. Home Inspectors need to be able to tell the truth without worry of spending our retirement in jail with murderers and rapists while being someone’s “honey.”

We challenge the real estate industry to “step up to the plate and provide clarity in the home buying process and demand equal representation for buyers.” Don’t punish the home inspectors, the very people who can fully represent your interest in home buying. For those of you who are courageous, call your State Representative and Senator and encourage them to say NO to the rewriting of ILCS 225 441, the Illinois Home Inspector Licensing Act. Let’s work to restore the deserved faith in the real estate industry for buyers and sellers.

“Friend right?”

This “friends” system has injured real estate

During medieval times young people were sent to learn trades or skills and were said to be indentured servants to the artisans and manufacturers they worked for. In some cases, children were sold and tied to a particular trade or craft. In the United States we also struggled with an unfair system.

Today, American citizens in Chicago, Los Angeles, New York, and in your town, are indentured to their homes and mortgages. Many of my clients are sick from what appears to be mold (a fungus) that is growing throughout their condominium or split faced block home. It is our experience that evolving building sickness is reaching epidemic proportions in some communities here immediately in the Chicago area.

People are afraid to call the City of Chicago while attempting to get their developers to fix the problems because they don’t want their property address listed in a lawsuit which would prohibit its sale. Others are afraid to call City and complain about poor quality workmanship because they know the City will turn around and blame them for taking possession of a property which was damaged or significantly deficient. They now would have to pay for the repairs. Now, people are making the argument that the responsibility for the deficiencies lies with the developers and/or subcontractors. Most often, this is the case. What can we do to help correct the problem that so many Midwestern and national families are experiencing?

Mortgage fraud is also rampant throughout the real estate community. What do you think the fix is? How do we stop mortgage fraud and improve the quality of the very homes we live in and raise our families in?

At Tomacor, we want to know your experience and hear your story. We are not interested in your address and you don’t even have to use your real name although it may help should be turn to the City or State for assistance. Tell us your story.

“Home construction plunged last month to the lowest level since October as the economy remained weak and demand for housing plummeted”.

Frankly, I am not surprised. With over 11,000 inspections under my belt I have found that new construction tends to have the most deficiencies and, therefore, the highest repair budgets.

It seems as if the people with the money to buy newly constructed homes and condominiums have lost faith in builders and developers who are increasingly cutting corners in an attempt to save money and expedite the construction process (after all, they were hit by the failing economy too). And, with all the horror stories about bankrupt developers and abandoned construction sites, the new construction market couldn’t be less appealing to home buyers.

Cities desperately needing money, architects afraid of lawsuits, and builders looking to maximize their profit potential before the Code changes creates a perfect storm, resulting in lots of money exchanging hands, some taxes, and empty, sloppy construction that no one complains about and no one repairs. In to this, walks an innocent consumer who simply wants a nice, new house but instead gets a whirlwind of code violations and significant deficiencies. The builder won’t fix the split face block that’s creating mold all over the house, the cities don’t force the builder to fix the block (or stop the mold), and the home buyer stands in disbelief, jaw dropped and dead broke as the problems continue to manifest and the expenses continue to climb.

So how do we change consumer opinion and restore their faith in the new construction market? We must acknowledge that its time for a paradigm shift. New home sales would increase with more supervision of the process resulting in high quality, professionally built homes and condominiums. I recommend this be done by regular, periodic and unannounced inspections of new construction by qualified inspectors in the area. Until this happens home buyer will continue to flock to the thousands of cheap foreclosed homes and the new construction market will continue to fail. We, as real estate and construction professionals must work to gain back the consumer’s trust. This is the first and most essential step in restoring the market.

After 25 years in the industry, Tom Corbett has learned all that you need to know to get quality property at affordable prices. He will be disclosing industry secrets and doling out no nonsense advice at a free seminar entitled Home Buyer Ju Jitsu 101. If you have any interest in purchasing property this is one seminar that you will not want to miss!

Home Buyer Ju Jitsu 101

If you’ve ever thought about purchasing property, you’ve GOT to attend this seminar!

This fast paced, free seminar is jam packed with information for anyone interested in buying residential, commercial, or industrial properties. Get all of the information you need to negotiate prices and reap financial rewards from a 25 year veteran building inspector, Tom Corbett. He is renowned for his no nonsense, straight forward style and will reveal industry secrets, tips, and advice on negotiating the price of your dream property so that you can afford it!

You won’t believe how much you can learn in only 2 hours! Tom will cover topics such as “Things your real estate agent won’t
tell you”, “Why your real estate contract doesn’t help you”, and “ways to reduce the price of your dream home by up to 10%”. If you’ve ever thought about purchasing property, this is a seminar you don’t want to miss!.

Event Info
Thursday, June 10, 2010 6:30pm-8:30pm
or
Tuesday, June 15, 2010 6:30pm-8:30pm

Space is Limited!! Please email nwilliams@tomacor.com to RSVP today!

1. Everyone knows that stainless steel appliances are state of the art in the construction and development industry. When shopping for a new home or condominium, look for stainless steel appliances. They paid more for them!

2. Don’t forget to bring a hard rubber hand ball or marble. Roll it along the floors in several different directions. Does it pick up speed while moving away from you or stop and then roll back directly into your hand? If the ball is thrown out 5-10 feet the chances are that you have a reasonably flat or level floor.

3. Check the flooring for large gaps between pieces of the flooring material. Any gap is unacceptable for new flooring and so a floor without evidence of gaps, especially one 3 or 4 years old is a terrific sign. It probably won’t gap. This hardwood floor installer was a smart guy.

Plumbing

1. New homes, condos, and rehabs should be equipped with booster pumps at the cold water main. It’s so exciting for Tomacor inspectors to discover these pumps and note that they are working at maintaining the building’s water pressure. This $5,000 piece of equipment is worth every nickel if you’re buying a top floor condominium or if you want good water pressure in your master bathroom shower. Even though the building code is a minimum standard, these pumps on the cold water main are often times not installed.

2. A second, simple indicator of quality plumbing involves nothing more than turning the hot water spigot in the tub on and off in fast succession. These better quality condominiums will take the test without any noise while the lesser quality will make thumping or banging sounds in the walls. This problem is called water hammer and is usually corrected by opening the drywall and repairing the piping.

3. Finally, warm shower water at the shower nozzle should not begin to fail or drop in their water pressure when the hot water in the sink or vanity basin in turned on or the toilet flushed. Bring a flashlight and examine the water pressure in the shower. A few of the recently built condos have compensated for this potential drop in water pressure by installing booster pumps or bigger water service lines. It’s a good thing if your water pressure doesn’t drop.

Look for these things and other quality assets during your condominium purchase.

The construction standard in Europe, where the originated, was that stone and brick or masonry homes were a foot or more thicker, allowing them to stand up to strong winds and heavy rains. Buildings are still built that way throughout Europe. Brick buildings, in the Chicagoland area, however, have given way to wood frame buildings with brick attached to the outside like a siding. The problem is the brick has become a rain screen, not a structural component. Most new brick homes include one layer of brick and it’s a layer that architects and home inspectors expect to leak, but where does the water go?

With proper flashing detailing, the water goes back to the outside. Yet, like the little piggy that was in a hurry to build his house, contractors are under tremendous time pressure to complete the construction of new buildings. This usually results in poor quality construction detailing and water on the floor of your home. The Big Bad Wolf, otherwise known as mold, is right there, on the other side of your poorly built brick wall.

The solution for the consumer is simple: quality control, good design, and supervision. This is the lesson the third little pig taught us while relaxing in his brick home against the huffs and puffs of the Big Bad Wolf. Let’s take the third little pig’s advice and look at our new homes and planned home purchases with a critical eye. Well built, high quality, masonry homes are out there and the price is cheaper than I have seen in a decade. When building a new home, hire a responsible architect that will hold your hand throughout the process and a tough, picky, and knowledgeable inspector to represent your interests.

Sincerely,

Tomacor, Buyer Advocacy.

It makes no difference what you’ve paid for the property or if you have had it custom built. Yesterday’s home was 4 million dollars over looking Lake Michigan, last week was a $200,000 condo, and even the town homes across the street from where live are without flashing and weep holes and they’re 15 years old. In this industry you’ve either got flashing and weep holes or your wet, it’s just a matter of time.

New construction standards allow water to get behind the masonry walls of a building where it is then managed and sent back to the building’s exterior through flashing and weep holes. Simply stated, the building gets built and after a while it settles and the brick cracks which allows water behind the brick where it drops down to a large plastic skirt above windows and doors and above the joint between the foundation wall and the brick above.

The metaphor we use to explain this stuff is simple. In the old days, people picking apples would climb a ladder and throw the apples down to a person with a very large skirt at the bottom of the tree. The apples were then sorted and sold. Flashing and weep holes exist at every point in the masonry wall where water gets thrown down from a crack or opening above. The flashing then sends the water to the building exterior keeping the inside dry. Most of the new construction homes we look at are without the skirts to catch the water and apples and the water goes into the building where it creates mold, mildew, panic, and hundreds of people struggling to find $30,000 to repair their condominium unit or single family home.

Get it?! There is not quality control in the masonry business in the Chicagoland area today. Get real and get your building inspected. Don’t get wet and moldy!!

The house was sold in the height of the real estate bubble and we all know what happened to that. In addition, so much water was discovered in the home which was entering through the roof, the foundation, the stone work, and other areas, that the house was unable to dry out between 2 inspections completed with more than 1 month between them. Mold was beginning to develop and the home buyer lost interest. The Northwestern Code Department, noted their objection to the poorly designed stairs in the blueprint. Over a year later, the blueprint complaint was still in place yet the stairs were not built to compliance with the code.

The arbitrator on the site spent most of his time asking me questions about the cost of changing these stairs to what would be code approved. It was my opinion that should the stairs be done over again, someone was going to be out of pocket up to $30,000 or more.

What’s the real world problem? Other than the code violation, if someone tripped going up or down the stairs the insurance company would not have to cover the claim if the stairs where not code complaint.

After inspecting hundreds of new homes I have discovered that most contractors do not follow the code requirements for the installation of new stairs. In the case of this North Shore home the contractor’s neglect resulted in hazardous staircases that the City could force the new homeowner to change even though the problem came from the developer. The ruling in the arbitration is still up in the air yet it appears as if my client has a good shot at wining.

In the last 60 days I have met dozens of people who are congested, having a hard time breathing, or cannot understand why their kids have been sick for several months or more. Other clients tell me they were looking at job opportunities in different states or were considering selling their home yet they couldn’t due to their own ill health. All of these people connected their problems with possible mold growth in their home. They elicit Tomacor’s services to visually scan for mold and give them a better understanding of its effect on their life. Mold growth is a huge problem in Chicago, Illinois and across the country. Permissible Exposure Levels to specific types of mold have not been established for consumers, yet home and condo owners are convinced that they’re getting pneumonia, bronchitis or other related sicknesses due to the mold presence in their home and they may be right!

The simple truth is this; Mold is caused by water infiltrating into the home and water infiltration and mold growth within Chicago area homes is a crisis, and epidemic, of poor quality construction detailing. Some of you may ask who is at fault. The answer is we all are, for accepting crappy work and focusing on equity rather than quality of life. Many developers and contractors are not adhering to the minimum industry and City standards when constructing these new homes. The result of their poor workmanship is the ill health and empty pockets of homeowners.

Why are we not discussing this in an open forum where the citizens of the City of Chicago can get help? There are solutions available including the installation of required flashing and weep holes and following Chicago ordinances regarding split face blocks.

Why are the buildings poorly built without code specific detailing? The simple answer is a lack of quality and oversight, driven by the profit motive. Its time to do something about it as a community! The Residential Code is clear and specific about the need for and location of weep holes and flashing in masonry buildings. The City of Chicago has adopted a unique code standard to be applied towards masonry structures completed within the City of Chicago. The Masonry Advisory Council in Park Ridge Illinois continues to promulgate professional standards demanding flashing and weep holes. And the Chicago Tribune and Sun times continue to write stories about crappy masonry construction in Chicago. We as a community must hold all contractors and developers responsible for their workmanship!

I am happy to report that many consumers are taking action and they are getting results! Opportunities are arising for expert work as consumers demand repairs from developers and masonry contractors. Construction detailing lawsuits, and inquiries regarding lawsuits, have doubled, in my office, in the last year. Lawyers are becoming more engaged and familiar with construction detailing while we are being asked to explain the process and results leading to substandard detailing and failed living environments. A good professional home inspector will know the masonry detailing standards and will be able to apply them during a home inspection.

I recommend that all consumers insist on hiring a professional to evaluate any remodeling or new construction purchase they are considering and brush up on technical standards. Consider the Brick Industry Association’s Technical Note series. Their standards are the basis for all masonry construction detailing in the U.S. currently and over the last several decades. In the mean time, encourage your friends with mold or mildew problems to not give up hope for a reasonable repair solution. They are available and they are expensive. Yet they are better than living in a mold filled environment, coughing and wheezing while you know that you can’t really afford the mortgage anyway.

Sincerely,

Thomas A. Corbett, President
Tomacor Incorporated

Tomacor sees this as a huge opportunity for inspectors, attorneys, property managers, and building owners to work together to complete the repairs that are needed in order to prevent water infiltration and mold/mildew in new or rehabbed living spaces throughout the city. Call us should you desire to get involved in the network of building owners and condominium associations that are demanding high quality standards and repairs for their properties. It’s time for the developers to take responsibly for what has been poorly built. Our expert witness team has been helping home and condominium owners for 26 years. Can we be of service to you to solve your problems? Please send your inquiries to inspection@tomacor.com