Hot Summer And Sizzling Electric Bills

South-west Michigan has experienced a hot July, and August is showing promise of more hot weather. If you are not on a budget plan with your electric utility, check your electric bill to see if the meter reads are estimated or actual. If the reads are estimated, check your electric meter. There are reports that estimated readings are excessively high, resulting in over-billing. To correct this, telephone your electric utility with the correct meter reading, and ask them to generate a corrected bill. This has saved some consumers hundreds of dollars on their July electric bills alone.

More On Licensing

Here we are, well into the second quarter of 2010. The Michigan legislature has yet to move on House Bill 4162, or Senate Bill 355. Both of these bills license home inspectors in Michigan, and were introduced over a year ago. They have but once been addressed by the House Committee on Regulatory Reform, and at that time were vehemently opposed by the Michigan Association of Home Inspectors, while the Michigan Coalition of Professional Inspectors supported the legislation. Many special interest groups are asking for changes to these bills. It is important, when considering the changes that are being requested, to look at what the real issue is in regard to licensing.

In searching for data about bad home inspectors, or bad home inspections, there is little to none readily available. This is still a "project" that is being pursued. However, in speaking with clients, potential clients, and people who have experienced a "bad home inspection", the tipping point seems to be that the offending home inspector either failed to report a readily apparent and significant finding, or they failed to report same in a factual manner, making clear the implications of their findings.

One argument, which seems to be very popular, is that this is due to a poorly trained or unprofessional home inspector. Another view suggests that it may not be the home inspector, as much as it is external influences that feel that they are "stakeholders" in the home inspection. The third most popular reason cited was greed on the part of the home inspector. While all of these may have some element of truth to them, the first and third are easily and simply regulated by government by requiring minimum training standards and continuing education throughout the license term, and adherence to state consumer protection law. It is the second reason cited that is problematic, and perhaps attracts the most attention.

When a party that is not a party to an agreement feels that they should have some degree of influence over that agreement, then there is an inherent conflict of interest. There is typically but one or two methods of regulating this kind of conflict of interest. Professional ethics, usually in the form of a Code of Ethics, often is sufficient. However, when large amounts of money are involved, the "interpretation" of professional ethics, or a Code of Ethics, can become skewed. Legislation is another form of regulation used to deal with this type of conflict of interest. For either of these forms of regulation to be effective, however, they must be enforceable, and enforcement action must be made available to those parties who would be impacted the most by a violation: the consumer.

When there is poor enforcement, poor enforceability, or when enforcement records are not made available to the public, problems can continue. When people feel that they can get away with doing something that is questionable, or outright wrong, then bad things begin to happen. So, when a home inspector finds shifting of the foundation, and reports it as such along with the recommendation that a structural engineer be consulted, the circumstances are now set for conflict.

From the professional home inspector's view, and likely his client's view as well, the home inspector has properly executed his duty and performed his job with integrity. However, if the client then rescinds their offer to purchase based on the home inspector's findings, the home inspector is often faulted by others who feel that they are "stakeholders" in the inspector-client relationship. If they have suffered a perceived loss due to the home inspector's work, they may attempt to "pay the inspector back."

Financial professionals and real estate professionals are very close. They talk amongst themselves and between professions regularly. They have large political action committees. On occasion , they have been known to speak bad about a home inspector, due to their perceived loss. The usual intent of this idle chatter can be be summed up by a threat made to one home inspector by a real estate agent: "I'll see to it that you never do any home inspections in this town again." This returns us to our original topic: licensing home inspectors. Is it necessary? Will it be effective, if home inspectors are not protected from conflicts of interest? These are questions that remain to be answered.

A Book Worth Reading

An interesting story came to the attention of The Michigan Inspector this week. It is from the book The Pied Piper of South Shore: Toys and Tragedy in Chicago. In the book, author Caryn Lazar Amster talks about the decline of the South Shore neighborhood of Chicago. An interesting quote from the book: "By the summer of 1963, white homeowners who had lived in South Shore for many years, some all of their lives, were being pushed out of the neighborhood by greedy real estate agents embroiled in panic selling. They wanted white homeowners to sell now and sell cheap--a strategy that generated sales and made a killing for the realtors, the only ones who profited from the racism and fear." (p. 131). This says quite a lot. It is important for home owners, sellers and buyers of real estate, and others involved in the transfer of real estate, that things may not always be as they appear.

Free Radon Test Kits

Dr. Richard Tooker, the chief medical officer in Kalamazoo County, Michigan recently wrote to the Kalamazoo Gazette about the issue of Radon for National Radon Action Month. Through the grapevine, it was overheard that Kalamazoo County Health and Community Services on Gull Road is offering free Radon test kits during the month of January. Radon is an important environmental issue that is frequently ignored. Unfortunately, ignoring Radon can result in lung cancer for those exposed. To learn more about Radon gas, visit www.mi.radon.com or www.epa.gov/radon. Test your home. If you have Radon, fix it. The life you save may be your own.

January is Radon Action Month

Radon gas is the second leading cause of cancer in the United States. It is estimated that 22,000 people die of lung cancer due to Radon gas per year. Radon gas is present in soil and water, and enters homes through the foundation. You can not see, taste, smell, or feel Radon gas in your home. The only way to know if your home has a Radon problem is to test for it.

Testing is simple. Test kits are available from many government sources, as well as local hardware stores and home centers. Professional testing by Radon professionals is also an option. Regardless of the method of testing or the cost of testing, all homes should be tested for Radon gas.

If your home tests high for Radon gas, it can be fixed. Radon mitigation systems can be installed to remove Radon gas for $800.00-1200.00 for the average home. New homes should be constructed using Radon resistant construction techniques.

Facts about Radon:

• Although some scientists dispute the precise number of deaths due to radon, all the major health organizations (like the Centers for Disease Control and Prevention, the American Lung Association and the American Medical Association) agree with estimates that radon causes thousands of preventable lung cancer deaths every year. This is especially true among smokers, since the risk to smokers is much greater than to non-smokers.
• Radon testing is easy. You can test your home yourself or hire a qualified radon test company. Either approach takes only a small amount of time and effort.
• There are simple solutions to radon problems in homes. Hundreds of thousands of homeowners have already fixed radon problems in their homes. Most homes can be fixed for about the same cost as other common home repairs; check with one or more qualified mitigators. Call your state radon office for help in identifying qualified mitigation contractors.
• House construction can affect radon levels. However, radon can be a problem in homes of all types: old homes, new homes, drafty homes, insulated homes, homes with basements, and homes without basements. Local geology, construction materials, and how the home was built are among the factors that can affect radon levels in homes.
• High radon levels have been found in every state. Radon problems do vary from area to area, but the only way to know your radon level is to test.
• Although radon gets into some homes through water, it is important to first test the air in the home for radon. If your water comes from a public water supply that uses ground water, call your water supplier. If high radon levels are found and the home has a private well, call the Safe Drinking Water Hotline at 1 800-426-4791 for information on testing your water.
• You will reduce your risk of lung cancer when you reduce radon levels, even if you've lived with a radon problem for a long time.
• A short-term test, followed by a second short-term test can be used to decide whether to fix your home. However, the closer the average of your two short-term tests is to 2.7 pCi/L, the less certain you can be about whether your year-round average is above or below that level. Keep in mind that radon levels below 2.7 pCi/L still pose some risk. Radon levels can be reduced in most homes to 2 pCi/L or below.

For further informaiton:

www.epa.gov/radon

1-800-767-7236 (1-800-SOS-RADON)

Eddie's Story:

http://www.youtube.com/watch?v=kmOUY2Fc9yU

Please consider having your home tested for Radon.

Radon Action Week

Governor Granholm has declared the week of October 18-24, 2009, to be Radon Action Week in Michigan.

Nearly 1 in 15 homes in the United States would be expected to have an elevated indoor radon level, and in Michigan approximately 1 in 8 homes would be expected to have a radon problem. That number may be higher in Michigan's southern-most counties, from Kalamazoo to Washtenaw counties south.

Radon is a tasteless, odorless, colorless, radioactive gas that is naturally occurring in soil and rock. It enters buildings through openings in the foundation floor or walls (sump openings; crawl spaces; floor/wall joints; cracks; space around plumbing, wiring, or ductwork; etc.).

Radon has no warning symptoms (it does not cause headaches, nausea, fatigue, etc.); the only known health effect is an increased risk of lung cancer!

Any home could have a radon problem. It doesn’t matter whether it’s old or new; energy efficient or drafty; or built over a basement, over a crawlspace, or built slab-on-grade; it could have a problem. All homes should be tested. The only way to know if your home has a radon problem is to test it!

Radon is the second leading cause of lung cancer in the United States, resulting in more than 21,000 new lung cancers each year (more than 600 of those in Michigan alone!). EPA and the Surgeon General recommend that all homes be tested for Radon. Protect yourself and your loved ones! Test your home for radon today! 1-800-RADON GAS/1-800-723-6642 OR www.michigan.gov/deqradon

An Argument in Favor of Licensing

One argument often brought up in favor of home inspector licensing is that licensing gives the consumer relief from bad home inspectors, because it allows the State to take action against a bad home inspector if licensing regulations are violated. Opposition to that argument often comes from those who are members of professional associations which require certain standards be met or maintained for continued membership or certification. However, this is dependent on enforcement of those standards. Here are a few examples:

Not too long ago, a story was related to me by a client who had recently experienced a bad home inspection, along with a particularly grievous insult after the fact. He had retained a home inspector to conduct an inspection for the fee of $225.00. During the inspection, which he attended, the home inspector failed to note a stain on the ceiling. The client took note, and brought this stain to the inspector's attention. The inspector assured the client that the stain was old, and would be fine. On the assurances of the home inspector, the client proceeded to closing. On final walk-through the day before closing, the client noted that the "old stain" had increased in size significantly, and was now growing mold. The client backed out of the deal. The sellers sued for breach of contract. In the court affidavit, the inspector stated that he had indicated the the stain was damp, and required immediate attention. Based on this false affidavit, the court awarded for the seller in the amount of $25,000.00. Thus, this fellow's home inspection ended up costing him $25,225.00. The client felt he had no recourse. He did not have information about the home inspector's certification, nor information on how to file a complaint. In addition, it was his opinion that the certifying association would take no putative action.

In another case, where the home inspector is certified by the same association, documentation and public information reveal that the home inspector provides bids for work after inspecting residential properties, in direct conflict with that association's code of ethics. What's more, this inspector is married to a real estate agent - information that is not disclosed to potential clients, but may be important for clients to know. While it is widely known that this is happening within the local professional home inspection community, no complaints have been filed, and the practice continues.

In both of these cases, licensing may provide the only means to eliminate unethical behavior. Without proper and effective policing from within, any association can claim to be regulating its members, but in reality they are simply covering up incompetent, unethical, and dangerous practices. Before accepting the claim that an organization does police its membership, proof should be on hand demonstrating that they do in fact do this. Cases should be made public, and the docket should show regular and current activity. Without valid proof, the claim of self-policing is mute, and should not be accepted as an argument against protecting the public through home inspector licensing.