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

Tom,

Thanks again

THIS IS A PUBLIC SERVICE ANNOUNCEMENT!

Home Safe, Smart Home Buyer Seminars
Presented by Tom Corbett of Tomacor Incorporated

What: A free, fast paced seminar with (pending) ASHI continuing education credit that 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! 27 year veteran building inspector, Tom Corbett is renowned for his no nonsense, straight forward style and you won’t believe how much you can learn in just one hour! Tom will cover topics such as “Choosing a Team of Advocates” and “Negotiating Strategies”. If you’ve ever thought about purchasing property, this is a seminar you don’t want to miss!

When/Where:
Buying Foreclosed Property Without the Pitfalls
Saturday, October 22, 2011 12:00pm-1:30pm
Chicago Public Library – Logan Square Branch
3030 W. Fullerton Avenue
Chicago, Illinois, 60647

Thursday, November 10, 2011 6:00pm-7:30pm
Chicago Public Library – Roden Branch
6083 N. Northwest Highway
Chicago, Illinois 60631

Become a Home Detective: Ten Distinctions to Avoid When Buying a Property
Thursday, December 1, 2011 6:00pm-7:30pm
Chicago Public Library – Roden Branch
6083 N. Northwest Highway
Chicago, Illinois 60631

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

Why: The market is down but YOU should be up! Tom Corbett is committed to educating the public about the myriad of issues which can arise when buying, living in, owning, or selling a home. This education, in turn, empowers people to make educated decisions regarding their property.

During this economic crisis the housing market is suffering, and many are pessimistic about buying and selling properties. After 27 years Tom Corbett has learned all that you need to know to get quality property at affordable prices. He would like to share this wealth of information with the public, empowering them to purchase property and, in turn, stimulate the market.

How: Tom Corbett of Tomacor, Inc. will speak at a one-hour seminars on topics relating to buying properties. His goal is to empower the consumer by giving them the education and the tools needed to make informed decisions about purchasing within the real estate market.

Dear Mr. Smith,
I appreciate you taking the time to review my blog and follow up with your comments. My comments and opinions are not based in my real estate sales or brokerage degree, but simply on my 27 years of experience in the field watching how this game is played out. As a managing broker, I understand how your interests are to represent one side or another of a deal, yet they are also best served by “making the deal happen”. It is this dynamic I am witnessing today more than ever. I readily admit I am not familiar with “Cap Rates” or “ROI” Illinois brokerage licensing laws, yet I am deeply steeped in the sales tactics so commonly used in the real estate profession.

Your comments appear to assume that the real estate market is complete but static, simply waiting for banks to loosen their criteria for lending for the market to be active. I could not more completely disagree. There has been a fundamental loss of faith and serious breach of trust in the market which is causing a new paradigm to emerge. Here it is:

1. Real Estate agents often work very hard to “outlast” their buyers. When a committed, qualified buyer comes to the market and I get a chance to meet them, they usually complain of their agent’s failure to listen to what they want, and being pushed into a transaction. A significant percentage of my buyers simply drop out of the market due to real estate buyer’s exhaustion (REBE). The new real estate paradigm will listen to and serve buyer’s needs, not frustrate them.

2. It is common knowledge that real estate attorneys in the Chicago marketplace who serve the industry are referred by real estate agents and they are stuck to a flat fee. Have you heard their complaints? After long conversations with these attorneys, and at least one presentation for the Chicago BAR association Real Property Committee, I have learned that the attorneys are frustrated. They want out of the market and far away from taking instructions given by agents who refer them work. These attorneys feel obligated to help their referring agents and obligated to help their clients. They are left in dual agency. Attorneys will begin to charge hourly rates for their services.

3. The 11,000 or so clients I’ve met are not concerned with whether the house has two or four bedrooms. They want a good location, a good school district and a house free of major structural, electrical, mechanical and plumbing problems. The market is shifting from location, location, location to condition, condition, condition. Buyers deserve this.

4. Home buyers don’t know their rights, and this is changing. All you’ve got to do is look at what’s happened in the real estate market in the last six years to understand that. We recommend that you and all professionals in the field teach buyers their rights. Ninety percent of the condominiums that I’ve inspected are represented either on the buyer or seller side by real estate agents who refuse to provide access to the common areas or roof. These are areas that belong to the homeowners and must be inspected. Tomacor says teach your buyers about how important the common areas are. Will you take that on?

5. Buyers are rethinking their notion of what a “good experienced agent” is. Of course their agent should know the market and the value that an inspector brings. Professional inspectors always include budget figures for repairs. We know this kind of information will be helpful to buyers. After 27 years in the inspection business and 10 years in the construction business, I know, and certainly you do too, that contractors’ proposals are all over the market, and buyers don’t have time to get bids. Repair budgets are available from any home inspector that is interested. Simply look up R.S. Means or Neighborhood Housing for budgets. Tradesmen do not provide accurate budgets or contract figures for homeowners and they shouldn’t. They don’t know what’s behind the walls. That’s why R.S. Means is helpful. Home inspectors are licensed and follow a code of ethics. Our opinions are professional. Buyers will demand budget figures.

6. You mention my desire to stereotype agents. They stereotype themselves. Restoring faith and integrity in real estate includes “raising the bar”. This means going to work for home buyers and sellers to provide the best possible service with the clearest information to help them make a choice, without sending them an inspector, a mortgage broker, or telling them they can’t go on the roof. This cannot be done when we hide behind the notion, as you have, that “numerous others have helped cause the real estate meltdown.” What are you going to do? Responsibility needs to be taken. Buyers want commitment from their agents. They’re looking for a commitment that exceeds the law because they demand it. Buyers are looking for agents who can spot problems that are major and suggest that they look at another property. At Tomacor we are committed to working with buyers who are treated fairly and humanely in the business marketplace, not just another check.

Of course there are good real estate agents out there; of course there are good inspectors. We do respect agents as human beings that work hard. Given what we’ve been through as a country it’s time to raise the bar and hold real estate agents accountable on both the buyer’s side and the seller’s side for their honesty, their ethics and their integrity to provide a high quality, informed, practical service for their clients.

Here’s Mr. Smith’s original comment:

Just like all professions there are good and bad agents as well as inspectors. I only hope that you find a way to respect those agents that are hard-working, honest, knowledgeable and provide a valued service to their clients.

We can restore our commitment to each other looking at this art. It’s a reminder of what’s missing in the market today. By acknowledging and maintaining its beauty and quality we can save the past and create the future.

Tomacor’s Illinois Inspector Training Institute (IITI) is committed to restoring this type of quality work and service to the home industry.

We will be offering a 10 week Inspector Training Course in the new year to rigorously train professionals interested in becoming a licensed Home Inspector.

Whether you are a licensed professional in another facet of the industry (contractor, developer, electrician, plumber etc.) or a green thumb, if you’re interested in serving home buyers, beefing up your credentials, growing your existing business or earning a second income, IITI wants to help you do it!

Join us at one of our upcoming Open Houses from 7PM-9PM to learn more and get your questions answered:

Wednesday September 28th, 2011
Wednesday October 19th, 2011
Wednesday November 2nd, 2011

See you there!

Tuesday, August 23rd, 7PM-9PM
Monday, September 12, 7PM-9PM
Thursday, September 15, 7PM-9PM

For more information call 312.475.0835 or email us at inspection@tomacor.com

Based upon our high quality inspections and service to our clients, Tomacor has once again received the Angie’s List Super Service Award for 2010! Thank you to all of our clients who continue to utilize our services and to those who have referred us to new ones. We remain committed to maintaining the same high quality inspections and professional standards in 2011!

The inspection community has learned that the Appellate Court in the State of Illinois has upheld the home inspector limit-of-liability provision which we should all be including in our contracts.

This is a landmark decision which is to be used for setting precedent in court cases against home inspectors. We are attaching the ruling to this notice so that everyone on our email list is familiar with the terms and conditions necessary to limit your liability. A full explanation of the ruling is also attached to provide language which helps limit your liability from the court’s point of view.

To summarize the case, a homebuyer chose to sue their inspector who was also an appraiser. The lawsuit was “shotgun” in style meaning that the contractor and home inspector were sued because they both contributed to the buyer’s decision to purchase the home. The plaintiff’s claimed they were not informed that the foundation “was insufficient to support the home’s load” and that “walls were unstable and unable to support the necessary loads”. They also insisted that the HVAC unit was blowing moist air against wooden components of the house and that the “home’s electrical system was installed and maintained in an unsafe manner”.

It’s amazing that when filing a complaint against a home inspector the plaintiff is not required to be technical or precise in their complaint. This means that anyone can sue you for almost anything if the lawyer believes the case is doable. At the same time home inspectors expect that they must defend themselves to the smallest detail using technical standards to support their point of view. Somehow there is an imbalance here.

The net result of the action was that 1) the limit-of-liability provision in the inspectors contract was valid and enforceable without admitting liability 2) the inspector’s limit of the time period in which the suit should be filed was upheld and the plaintiff’s complaint was barred because they filed the suit outside of that window and 3) a third party’s testimony and claim was barred because she was not a party or signatory to the original contract with the inspector. The defendant’s entire home inspection contract and complete report were submitted to the court to be used as evidence. It turned out this was a good decision.

All Illinois inspectors should read the attached document and include the pertinent parts of it in their contract.

Tomacor has worked with multiple home inspectors to help them defend their reports and standards. We are committed to the home inspection community and a full understanding of the attached document will make it easier for us in the future. Call us if you have questions.

What kind of equipment is this?
Thermal imaging cameras have become the main stage in the building inspection service. They have the capacity to locate moisture inside of stud walls at a building’s exterior. They have the capacity to locate loose or disconnected heating ducts in walls and ceilings. They confine loose or extremely hot electrical connections in walls, ceilings, or floors in fact any area of a residential or commercial property.

These cameras represent the state of the art in the building inspection industry because they allow us to see places that our eyes can’t reach.

These applications and more take the building inspector below the surface and into the guts of a building, providing hidden and hard to find information that corroborates or disproves conclusions reached by inspectors through other methods. Without a doubt, the building inspection services have reached a new level of professionalism with the addition of this highly sophisticated and technical equipment.

How is it used?

Tomacor announces the application of this new technology to any of our construction inspection services. Wouldn’t you like to know that the area you suspect of being wet is actually wet? Or that the fire hazard your inspector discovered is actually at 800°F. Would you like to confirm that your furnace flames are too cold to support natural gas combustion and are therefore producing carbon monoxide? These and hundreds of other applications are available through the use of this equipment. Tomacor already has the reputation of being the toughest in the business, we are now adding thermal imaging.