Re: Home Buyers Protection Act

[Guest guest]

,

In addition to builders and government concerns, a major problem I can attest to is private home inspectors. This profession is riddled with unethical inspectors. Proble being, realtors play too big of a role in the selection and referral of inspectors. I may be one of the most highly qualified private inspectors in the country, but get few realtor referrals...why? I think many see me as being too ethical, honest and thorough. In ten plus years in the profession I have never been litigated against and have performed over 4000 building and environmental inspections. Until laws, such as HB 29 in Ohio which licenses inspectors, deals with the realtor referral issue, I am afraid many more consumers are going to get hosed (for lack of a more suitable word).

Al Tibbs, CIAQM

Certifed BOCA, ICBO, IAEI, NREP

www.closerlookinspection.com

www.ohiotoxicmold.com

----- Original Message -----

From: Armstrong

Sick Buildings

Sent: Saturday, June 29, 2002 11:18 AM

Subject: [] Home Buyers Protection Act

Dear All:

On Thursday I was watching CNN and the ticker across the bottom said "Bush Administration proposes Home Buyers Protection Act". I search the CNN website and couldn't find anything on this. Has anyone else out there seen anything on this?

At HOBB, our position has been that if the builders would build our homes properly in the first place, and our government enforce code, then we wouldn't have the majority of problems with sick and defective homes. Insurance companies wouldn't be raising rates and cutting coverages. Yesterday State Farm anounced that they were going to stop issuing homeowners and condo policies in Florida. The State Insurance Comissioner denied their request for a rate increase earlier in the day. Isn't this a type of blackmail?

Armstrong - President Florida Chapter

HomeOwners for Better Building (HOBB)

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[Guest guest]

The Homebuyer Protection Act is really the Homebuilder Welfare Act. It

provides $2.4 Billion in tax cuts for homebuilders.

The ONLY good thing about this bill is that public hearings are going to be

held and we can take the opportunity to kick some builder butt.

R. Cobarruvias

14646 Cardinal Creek CT

Houston, TX 77062

281-486-5203 H

281-483-9357 W

> From:

> Reply-

> Date: 29 Jun 2002 23:53:52 -0000

>

> Subject: [] Digest Number 1293

>

> Re: Home Buyers Protection Act

[Guest guest]

I haven't seen anything. In 1998 and again this year, i sent the

attached to Congress. In 98 it went to the 2 ranking members of the

House Banking Committee.

Ken

February 6, 2002

Honorable Delahunt

U. S. Congress

Washington, DC

Dear Congressman Delahunt;

A few years ago, I had the opportunity to watch a few minutes

of the House Banking Sub-Committee hearing on H.R. 3899, the American

Homeownership Act of 1988. In investigating the inspection process of

the legislation, I discovered that there is no legal requirement for

any inspections for new home construction. The only requirement is

that a potential home buyer may use the services of a private home

inspector.

While this approach is a good start, it, by no means, goes

far enough to protect the prospective homeowner, the bank providing

the loan or the Federal agency insuring the loan. More is needed to

protect all involved.

I speak on this issue as an individual who has seen the

entire inspection process be nothing more than a shame upon the home

buyer. My family has lost over five hundred thousand dollars due to

illegal and incompetent inspections. My family's health and safety

has also been placed at risk due to these illegal acts.

These acts were made possible due to the lack of any, at the

local/state/federal level, laws to protect American citizens from the

largest issue of consumer/bank fraud in history. We have already

found millions of dollars of illegal/unsafe/unhealthy construction

and other millions of dollars of failed banks/credit unions that were

involved with this construction.

Many home owners, such as we, have lost their entire lives

savings. All citizens are paying to bail out these failed lending

institutions as well as the retirement pensions of the inspectors

that allowed this illegal construction. Most of the home owners also

have to pay property taxes on property that the local/state

government know has no value. Some people may have even lost their

lives due to this illegal construction.

In an effort to prevent this illegal construction from

continuing, I have made the following, proposed, additions to H.R.

3899. See enclosed. My reasoning for this proposal is that unless you

provide a severe monetary penalty when local/state inspectors

knowingly allow illegal construction and their respective government

employers know but do nothing about it, nothing will ever happen.

By placing a high dollar cost on these illegal acts will

force the local/state governments to insure that there employees

enforce all the laws they were hired to. This does not penalize a

local/state inspector who, unknowingly or by human error, allows

illegal construction to occur. It only penalizes those inspectors

that are incompetent and/or corrupt.

No Americans should have to suffer this type of injustice

from their government, at any level, as we have. When you next

campaign on the Cape, we will meet with you and are willing to

testify before your any House Committee on this issue by using our

story and all of the documentation we have been able to gather.

Our story, and others like it, is a compelling reason for the

U. S. Government to finally take action to protect the citizens. This

action must make local/state government responsible to individual

citizens who have suffered financial loss due to illegal acts of

these local/state governments employees. Anything less would continue

the insult we all face.

Thank you for your time in this matter. Should you have any

questions or require further information, feel free to contact me.

Yours Truly,

HADD – (Homeowners Against Deficient Dwellings)

Ken Moulton, Co-President

CT., MA., NH., NY. And RI. State Chapters

E-Mail: themoultons@...

Phone: 508-771-6365

38 Hawser Bend

Centerville, Ma. 02632

H.R. 3899, the American Homeownership Act

203.(a)(1)(1)(A)

" (1) In regards to new home construction, the

prospective mortgagor must utilize and reliable upon a

completed and signed building

permit and a signed Certificate Of Occupancy from the local

or state regulator of new

building standards, health and

safety compliance's. The

Certificate Of Occupancy will constitute

an Implied Warranty for the

Mortgagor " .

203.(a)(1)(1)©

" (1) If the municipal/state inspection referred to in

subparagraph (A)(1) is found, at any later time,

to have not uncovered, reported or, (due to a lack of due

diligence, corruption or malice) allowed sub-

standard or illegal building

practices or unsafe/unhealthy to

have occurred, the local/state

inspectors and municipal/state

government that employs them will be

considered legally liable to the

mortgagor for the following specified

damages:

(a) If the local government inspector is

responsible for the problems referred to

in subparagraph ©(1), the municipal government

that employs said inspector will:

(1) Pay the mortgagor the sum of the entire

mortgage, interest the mortgagor paid to

date and interest of 12% per year on the

total amount; and

(2) Pay the mortgagor the sum of five

thousand dollars a month commencing

with the date on the certificate of

occupancy with interest of 12% per year on the annual

amount.

( If the state government inspector is

responsible for the problems referred

to in subparagraph ©(1), the state

government that employs said inspector will:

(1) Pay the mortgagor the sum of the entire

mortgage, interest the mortgagor paid to

date and interest of 12% per year on the

total amount; and

(2) Pay the mortgagor the sum of ten thousand

dollars a month commencing with the date on the certificate of

occupancy with 12% interest per year on the annual amount.

© Should an inspection referred to in

subparagraph (A)(1) have been performed by

both a local and state inspector, and both

inspections fall under subparagraph ©(1), the penalties

referred to in subparagraphs ©(1)(a)(1) and

(2) through subparagraphs ©(1)((1) and (2)

will apply. " .

> Dear All:

> On Thursday I was watching CNN and the ticker across the bottom

said " Bush Administration proposes Home Buyers Protection Act " . I

search the CNN website and couldn't find anything on this. Has

anyone else out there seen anything on this?

>

> At HOBB, our position has been that if the builders would build our

homes properly in the first place, and our government enforce code,

then we wouldn't have the majority of problems with sick and

defective homes. Insurance companies wouldn't be raising rates and

cutting coverages. Yesterday State Farm anounced that they were

going to stop issuing homeowners and condo policies in Florida. The

State Insurance Comissioner denied their request for a rate increase

earlier in the day. Isn't this a type of blackmail?

>

> Armstrong - President Florida Chapter

> HomeOwners for Better Building (HOBB)

> www.hobb.org