InterNACHI® Convinces PA Superior Court to Overturn Ruling Against a Home Inspector

CONTACT:
Nick Gromicko
nick@internachi.org
(720) 272-8578
www.nachi.org

FOR IMMEDIATE RELEASE

PITTSBURGH, Pa. (Jan. 8, 2024) – InterNACHI® is pleased to announce that it has succeeded in convincing the Superior Court of Pennsylvania to overturn a ruling by a lower court against a home inspector.

Background

After more than three years of litigation in Gidor v. Mangus Inspections, the Superior Court of Pennsylvania reversed the trial court’s decision and held that Pennsylvania Law 68 Pa.C.S. § 7512 barred a lawsuit against an inspector filed more than a year after the inspection report was delivered. Key to the Superior Court’s decision was its conclusion that Section 7512 of the Home Inspection Law is a statute of repose (similar to a statute of limitations). 

That law states: 

An action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered. 

– 68 Pa.C.S. § 7512.

The inspector initially sought dismissal of the lawsuit due to the plaintiff’s failure to comply with this clear statement of law. However, the trial court denied the inspector’s motion, which led to an expedited appeal in which InterNACHI® participated by filing an amicus brief in support of the inspector’s legal arguments, and even adding a few of its own arguments.

The Superior Court Agrees with InterNACHI®

Following robust advocacy by the inspector, supported by amicus InterNACHI®, the Superior Court of Pennsylvania agreed with the inspector and effective amicus of InterNACHI’s view on the matter. The Superior Court cited a similar recent Pennsylvania appellate decision, concluding that Section 7512 “is a statute of repose that bars actions filed more than one year after the delivery of the inspection report and is not subject to the discovery rule… Moreover, this one-year statute of repose applies to all causes of action seeking damages based on an allegedly faulty inspection report including common law causes of action.” 

Lower Court's Ruling Reversed and Case Against Inspector Dismissed

The Pennsylvania Superior Court continued, “[t]he pleadings in this action established that there is no dispute that Plaintiff’s action was filed more than one year after Defendant’s home inspection report was delivered.” Accordingly, the Court reversed the trial court, with instructions to that court to dismiss the case:

"Because all of the causes of action asserted by Plaintiff in her complaint are barred by Section 7512’s one-year statute of repose, the trial court erred in denying Defendant’s motion for judgment on the pleadings. Accordingly, we reverse the trial court’s order and remand this case, with instructions to enter judgment in Defendant’s favor."

A Win for Inspectors Everywhere

The decision was applauded by InterNACHI's founder Nick Gromicko, who said, "Had we let the lower court's ruling stand, consumers would be able to sue inspectors many years, or even decades, after their inspections were performed.  Insurance companies would then refuse to offer error and omissions insurance to our industry.  This insurance is a state requirement for inspectors in Pennsylvania and other states.  Without it, inspectors would be forced out of business."  

Gromicko continued, "This is a terrific precedent and a great way to start 2024 because it aligns with the precept long recognized by American courts that finality is essential to an orderly system of commerce and justice." 

InterNACHI's Brief of Amicus
Superior Court ruling

InterNACHI® was well represented by Frank Lopez, partner at Glade, Voogt, Lopez, Smith & Fesler, PC, of Denver, Colo., and Timothy Maffett of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, of Baltimore, Md.

###

Nick Gromicko wins 7-year legal battle against infrared camera patent troll.
InterNACHI Stops Bill that would have Prohibited Home Inspectors from Opening Service Panels.
ASHI loses to InterNACHI again.
EBPHI (NHIE) loses to InterNACHI again.