Kyle and Deborah Hellman hired a home inspector before they bought a $200,000-plus house in north Bismarck, hoping to learn about any catastrophic problems with their dream home.

A month after moving into the 3,500-square-foot home at 428 W. Brandon Drive, they moved out, claiming that mold had made them sick. They also said ants infested the home to such an extent that the tiny critters were drilling small holes through the drywall in which they would release their excrement. They closed on the house in May.

Deborah Hellman puts a lot of the blame on the home inspector for not identifying the alleged problems.

"When you get an inspection you think the inspector will find what's wrong with the house," she said.

The Hellmans have sued the home inspector, the previous owners and the previous owners' Realtor on grounds that someone should have told them there was a problem with the house.

Their dilemma has put a spotlight on the home inspection industry, which some people say needs to be regulated to protect consumers.

Today the House Government and Veteran Affairs Committee will hear testimony on House Bill 1507, which would require home inspectors to register with the secretary of state, take exams and carry insurance. The committee convenes at 8:30 a.m. and will take up the bill after hearing three others in the Fort Union Room in the Capitol.

Home inspectors welcome regulation to some degree, but many are concerned that requiring them to carry what is referred to as "errors and omissions" insurance will hurt the industry and lead to more lawsuits.

Ron Reichert, a Dickinson attorney representing previous owners Debra J. Frank and John M. Hlebechuk, said the Hellmans were aware of previous problems with a leaky skylight and that his clients did not have an insect problem when they sold the home.

Reichert also said the inspector, Scott Jensen, of Mandan, would have had a tough time knowing about the mold without tearing the house apart.

"They're just trying to work it up and make people believe this house is a total disaster," Reichert said.

A message seeking comment from Jensen was not returned on Wednesday.

The Hellmans said the mold in the house has forced them to move out because it has caused breathing problems, rashes and itchy skin and eyes in their 5-year-old daughter and others who have been in the house.

They also had tests done in the home that confirmed toxic mold, Deborah Hellman said.

Rep. Margaret Sitte, R-Bismarck, who introduced the bill, sympathizes with the Hellmans.

"I think that she's (Deborah Hellman) suffered horribly," Sitte said. "We don't want this to ever happen to anybody again."

Sitte said inspectors should be regulated and insured to protect consumers and bring more confidence to the industry.

"A home inspector sells trust," Sitte said. "If people can't trust them, why have them?"

Claus Lembke, executive vice president of the North Dakota Board of Realtors, said the organization supports some regulation, including an insurance requirement.

Lembke also has been in contact with the Hellmans about their situation.

"I firmly believe it would have helped them if there was some kind of coverage," Lembke said.

Lembke said it is estimated that there are more than 40 home inspectors in the state.

Craig Manock, owner of Northern States Inspections in West Fargo, said he is 150 percent in favor of licensing inspectors, but he is opposed to mandating them to carry insurance.

Mandating insurance coverage will give insurance companies control over the industry by how high they set rates and whom they choose to insure, Manock said.

J.R. Burke, the government affairs coordinator with the National Association of Home Inspectors, said the organization is also opposed to requiring insurance.

Burke said home inspections are only supposed to catch problems an inspector can see.

"A home inspection is viewed as a one-time snapshot of a home," Burke said. "It is not designed to foresee problems in the future."

Kyle Hellman figures he will lose at least $70,000 on the home, which he has tried to sell, but has not had any takers.

The Hellmans filed a claim with their homeowners insurance, but because it was a pre-existing damage, they didn't receive a whole lot from it, he said.

Kyle Hellman said they received a small settlement and two months living expenses from insurance, but the policy had a limit to the amount of damage that is covered because of mold.

Deborah Hellman just wants to be done with the house and forget about the nightmare the family has been through.

"We don't want anyone to ever have to go through what we've gone through," she said.

Kyle Hellman said the legislation is needed because of the trust people give inspectors.

"There's nothing regulating these people and this is the biggest buying decision we've ever made and we put our trust in these people," Kyle Hellman said.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com.)