Massachusetts inspectors

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Head of home inspectors board faces complaints from consumers

By Raphael , Globe Staff | May 10, 2004

The chairman of the state board that regulates Massachusetts home inspectors

is in danger of losing his license and being ousted from the board after

repeated consumer complaints of shoddy inspections that resulted in expensive

nightmares for homebuyers, the Globe has learned.

C. Simpson, president of Black Paw Home Inspection Inc. of Wakeï¬eld,

faces complaints by four homebuyers who accuse his ï¬rm of faulty inspections.

He had previously been accused by a ï¬fth, but successfully defended himself.

“We ï¬nd it egregious,†said Lizzie , spokeswoman for the state

Division

of Professional Licensure, which plans to hold a pretrial conference May 19

on the allegations against Simpson. “It’s of great concern and it’s a

serious

matter that there’s ï¬ve complaints. One, you could say, OK, let’s get to

the

bottom of it. But ï¬ve?â€

In one instance, Simpson’s inspector allegedly failed to detect a termite

infestation in a Hyannis garage. In another, an inspector supposedly missed “

dangerous structural, electrical, and plumbing conditions†at a residence in

Taunton. Another is said to have ignored a faulty drainage system that destroyed

the integrity of a floor in a Newton home. And a fourth allegedly failed to

spot

rotten eaves that led to the collapse of a wall in an East Boston two-family

home, according to documents by the state Division of Professional Licensure.

The Board of Registration of Home Inspectors has ï¬elded 113 Head of home

inspectors board faces complaints from consumers complaints since it began

issuing

licenses in April 2001, and Simpson’s ï¬rm has more than any company,

said. There are 618 individual licensed inspectors in the state, she said, and

only 16 have multiple complaints against them or their companies.

Within the past month, a top ofï¬cial at the Division of Professional

Licensure told Simpson to resign from the home inspectors board, but he declined

to do

so, a Simpson associate said. The law states that only the governor can

remove the chairman of the home inspectors board, and only for “cause.â€

Simpson’s

term expires in August 2005.

Simpson, in a statement, did not address the speciï¬cs of the four current

complaints lodged against him and his ï¬rm, but strongly defended the work, ,

saying: “I have been in this business for 15 years, and just since the board

has

been in place, Black Paw has performed 22,000 home inspections. We’re very

proud of our work, and we are extremely conï¬dent that the board will ï¬nd we

acted

responsibly in all cases. I look forward to a full and fair review of any and

all issues.â€

Governor Cellucci signed the bill that created the home inspectors board

in November 1999, after a series of legislative hearings in which dozens of

families told about buying homes that had been inspected and were later found

to have massive problems. The board was to “establish the requirements for

licensure and for the standards of professional and ethical conduct,†the law

states.

While home buyers are not required by law to hire a home inspector, the vast

majority do bring in a professional, licensed inspector to make sure that the

property they are eyeing is safe, structurally sound, and without surprises.

One of the families that testiï¬ed and helped create support for the bill was

a Topsï¬eld couple whose home is known locally as the “House from Hellâ€

because they eventually had to demolish the house and replace it. Their 1997

inspection was conducted by Black Paw.

But when Cellucci looked for inspectors to appoint to the unpaid, ï¬ve-member

board, he chose Simpson, who was promptly named chairman by his fellow board

members. Simpson was subsequently reappointed in the waning hours of Acting

Governor Jane Swift’s term on Dec. 31, 2002. She did so even though Simpson

was

the subject of two active complaints in which he was found to have “failed to

cooperate†with the investigation being conducted by the board he chairs.

Representative Theodore C. Speliotis, a Danvers Democrat who strongly

supported the home inspector bill after learning of the Topsï¬eld “House from

Hellâ€

and the travails of its owners, Cheryl and Varney, said he was “shocked

and bitterly disappointed†when Cellucci named Simpson to the board. He added

that he pleaded with Swift not to reappoint him in 2002, to no avail.

“I don’t know why Cellucci did it,†Speliotis said. “It is a slap in the

face to Cheryl and her husband. I’ve called the governor’s ofï¬ce, to

Swift’s of

ï¬ce, when his appointment was up to ask that he not be reappointed. It’s

discouraging.â€

Kauppi, former spokesman for Cellucci and Swift, said he could not

reach Cellucci, now the US ambassador to Canada, but defended Swift’s actions

by

noting that Simpson was one of dozens of appointments the former chief

executive made.

Simpson, who declined to be interviewed, said in a statement prepared in

response to Globe inquiries that Swift and Cellucci made the right call: “I am

proud of my public service, to have been appointed by two different governors,

and to have been reelected chair four times by my fellow board members.â€

On his ï¬rst day in ofï¬ce in January 2003, Governor Mitt Romney attempted to

rescind the 27 board appointments Swift made on her last day in ofï¬ce,

including Simpson’s, but was rebuffed on legal grounds on all but six.

After investigating the four current complaints against Simpson, the Division

of Professional Licensure’s Ofï¬ce of Prosecutions alleged numerous

shortcomings by Simpson and his ï¬rm in November.

The division found the ï¬rm and Simpson refused to cooperate with the board’s

investigations, failed to ï¬le insurance claim information as required by law,

tried to limit the ï¬nancial liability of his ï¬rm in contractual language,

and had acted with “unprofessional conduct and conduct which undermines public

conï¬dence in the integrity of the Home Inspection profession.â€

The licensing division, after investigating, issued an Order to Show Cause to

Simpson threatening to suspend or revoke his license. Simpson could also face

up to $4,000 in ï¬nes.

According to court documents and other paperwork obtained by the Globe,

Simpson has successfully defended his ï¬rm against allegations of shoddy

inspections

in the past. For example, Simpson ultimately prevailed in a civil lawsuit

brought by the Topsï¬eld couple, who are now considering an appeal. In

addition,

Simpson successfully defended one of the ï¬ve complaints lodged against his

ï¬rm

since he became chairman.

And Simpson is now asking a Suffolk Superior Court judge to dismiss a lawsuit

brought by the East Boston homeowner, Judith , on the grounds that the

inspector warned to consult a contractor before closing a sale, and that

there were problems with the hot water heaters, plumbing, and electrical

systems of the building. According to the court papers, said in a

deposition

that she did not consult a contractor.

H. Glotzer, ’s lawyer, has expressed concerns that Simpson will

receive an overly sympathetic hearing from his fellow board members when the

Order to Show Cause comes up. He has written to state ofï¬cials complaining

that,

ultimately, the board that Simpson chairs will have a conflict of interest

because ultimately it will decide his case. Glotzer is pressing for the board to

refer the case to an independent adjudicatory body.

That decision has yet to be made, said. The Division of Professional

Licensure can formally urge the board to refer the case to an independent body.

Fehrnstrom, a spokesman for Romney, said the Simpson case proves the

governor’s assertion that Swift’s last-minute appointments were a poor

public

policy decision.

Raphael can be reached at Rlewis@....

Corruption by Massachusetts State inspectors made my family homeless. They

keep their jobs and pensions as the State looks the other way. Governor Romney,

as well as all Governors going back to Weld, know of the corruption by keep it

covered-up.

Ken Moulton