NACHI sues PHIC, NAHI Chapter and individual NAHI members personally.

[jgroves]

There is a concept that some folks do not seem to grasp. The very purpose for the freedom of speech is not to protect popular speech, because it needs no protection. It is those that dissent that need these protections. It is also only protection from government action. You have no First Amendment rights on this, or any other, message board. However, one of the things that distinguishes this association from the others is the spirited debate that takes place here. As for NAHI's attorney's demand that this board be moderated, that IS a First Amendment violation, because he is asking the government to IMPOSE the moderation on us. That is government action to silence the speech that Mallory and NAHI don't like on this message board. That will not stand.

[James H. Bushart]

Keep in mind what the NAHI attorneys, at the direction of their Executive Director, are wanting to censor.

The deposition is a matter of public record. The excerpts that have been published are being publicly analyzed and remarked upon.

We know from these transcripts that the ED of NAHI has several file cabinets filled with documents related to us. Discussions regarding us, and the need to put us out of business, are regularly discussed in private between her and "leaders of other associations".

We can see from this that darkness and secrecy are the preferred environment for those who mean us harm. Bringing them into the light and displaying a description of their deeds - in their own words - is a bit too much for them to bare.

As our PHUC'd-up friends at PHIC are about to learn...NAHI will, as well...that we don't start these fights ---- but we are more than capable of finishing them.

[John McKenna]

It just shows you how many other inspectors, attorneys, realtors and associations enjoy
reading all the neat discussions and debates on the NACHI message board. We might even be featured on CNN soon....

They can't stop reading it, even if they wanted to...

[Joseph Hagarty, CMI]

Originally Posted by jbushart

The deposition is a matter of public record. The excerpts that have been published are being publicly analyzed and remarked upon.

We know from these transcripts that the ED of NAHI has several file cabinets filled with documents related to us. Discussions regarding us, and the need to put us out of business, are regularly discussed in private between her and "leaders of other associations".

We can see from this that darkness and secrecy are the preferred environment for those who mean us harm. Bringing them into the light and displaying a description of their deeds - in their own words - is a bit too much for them to bare.

As our PHUC'd-up friends at PHIC are about to learn...NAHI will, as well...that we don't start these fights ---- but we are more than capable of finishing them.

The assertions and statements made in depositions generally broaden the scope of subpoenas and the need for additional discovery / testimony.

[Joe Farsetta]

I think I just heard a truck pull up in front of NAHI. It's full of document shredders...

[Joseph Hagarty, CMI]

Originally Posted by jfarsetta

I think I just heard a truck pull up in front of NAHI. It's full of document shredders...

Sounds like the script of a Movie............

[dharris]

It looks like it's time again for busshy to start another fund raising campaign for nahi to raise more legal funds.
From what I heard the last one was very successfull.
</IMG></IMG>

[jgroves]

Originally Posted by jfarsetta

I think I just heard a truck pull up in front of NAHI. It's full of document shredders...

Say it ain't so, Joe!

[Joseph Hagarty, CMI]

What is up with this?

http://www.inspectionnews.net/home_i...cky-again.html

[Nick Gromicko]

The stupid part is that Mallory's for-profit association should be happy that it stays limited to a few threads on this message board. The alternative (if this board ever suffered from censorship) would be for members to all start their own blogs all over the world wide web. I certainly have the technical expertise to start 500 of them anonymously if I so desired. It doesn't appear that they are thinking this move out very far. Furthermore, if they would succeed at stopping (by court order) the very free speech that caused them to agree to improve their ethics (prohibit inspectors from providing repair services, illegal nearly everywhere) they would be the laughing stock of the entire industry.

[Nick Gromicko]

Here is a version (not final version) of the letter the Board of REALTORs is publishing for us at no charge in their next newsletter:

National Association of Certified Home Inspectors (NACHI) is in Compliance with the Pennsylvania Home Inspection Act.

In the June 2007 edition of the LCAR Closing Comments newsletter an article was published entitled Home Inspector Associations and PA Law (Act 114), by Matt Steger. This article contained many inaccuracies concerning NACHI and, as a result, LCAR agreed to give NACHI equal space to respond to the prior article. Mr. Steger’s article has had a direct economic impact on NACHI members in Pennsylvania and NACHI would like to set the record straight.

Mr. Steger urged consumers and real estate agents to verify a home inspector’s membership in NAHI, ASHI or AII. If the home inspector is not a member of one of these three organizations he pointedly states “. . . buyer and agent beware (to put it nicely)!” He goes on to state: “If your inspector is not a member of NAHI, ASHI or AII he is in violation of PA Law, according to the PHIC.”

PHIC stands for Pennsylvania Home Inspectors Coalition; it was formed and is run by a group of inspectors primarily affiliated with NAHI and ASHI. PHIC is NOT a government agency and has no legal authority to determine whether any home inspection organization is or is not in compliance with Pennsylvania law. In fact, a lawsuit PHIC filed against NACHI in Chester County, Pennsylvania was dismissed. In an Order dated June 13, 2005, the Court stated: “Finally, there is no indication that Plaintiffs are authorized to enforce the Home Inspection Law. . .” (Case No. 03-07803).

NACHI is the largest home inspection association in the nation and it values its members and enjoys an upstanding reputation with the real estate community throughout the country. In order to maintain its successful relationship with the Pennsylvania real estate community NACHI believes it is necessary to reassure Pennsylvania real estate agents and residents that NACHI is fully compliant with the Home Inspection Law.

Those of you reading this article are familiar with the requirements of the Act that went into effect in December 2001. NACHI is compliant and has always been complaint with each and every one of those requirements.

The Act defines a National Home Inspector Association as any national association of home inspectors that operates on a not-for–profit basis, is not a franchise and has members in more than 10 states. NACHI is a non-profit corporation incorporated under the laws of the state of Colorado and has approximately 10,000 members in all 50 states. It is recognized by the Internal Revenue Service as a tax-exempt 501(c)(6) trade association.

The Act requires that a person must perform or participate in the performance of more than 100 fee paid home inspections before becoming a full member; NACHI has the same requirements for full membership status. The Act requires that members pass a recognized or accredited examination. NACHI’s exam has the reputation of being the most intensive and thorough examination in the industry. It is an online inspector examination and individuals must pass the exam with a score of 80 or better. In addition to this exam, members are also required to take NACHI’s Ethics Obstacle Course and NACHI’s Standard of Practice Quiz.

The Act requires that inspectors comply with a code of conduct and attend continuing professional education classes. NACHI goes beyond that; members are required to take 24 hours per year of continuing education courses. NACHI offers it membership numerous continuing education classes, various levels of membership and countless benefits-all of which benefits the consumer by providing the industry with honest and some of the best educated inspectors in the industry. (You may view NACHI’s membership requirements, code of conduct and continuing education requirements at www.nachi.org)

The Act requires that inspectors carry Errors and Omission (E&O) Insurance, and NACHI members in Pennsylvania must carry this type of insurance. If you are uncertain, ask the individual inspector for proof of insurance. Finally, if you have any questions as to whether a NACHI home inspector you are thinking of using meets the requirements of Pennsylvania law, do not rely on PHIC; instead, call the Attorney General of Pennsylvania’s Consumer Protection Unit at (800) 441-2555.

NACHI exists because of you, the realtors and the consumers. Its mission statement is to provide the homeowner and buyer with peace of mind and quality work. Currently there is a bill pending before the Pennsylvania legislature requiring licensing of home inspectors. NACHI supports this measure. Hopefully, licensing will put an end to these attacks on NACHI and create a common ground for all inspectors, allowing each to stand on their own reputation for quality performance.

I hope I have set the record straight. NACHI has and will vigorously defend its reputation. NACHI’s national counsel and NACHI’s local counsel in Pennsylvania have both opined that NACHI is in full compliance with Pennsylvania law. If you have received any oral, written, or electronic communications from anyone stating or suggesting that NACHI is not compliant with Pennsylvania law, PLEASE forward those to our counsel, Mark Cohen by mailing them to him at the following address: Mark Cohen, Cohen Horner, LLP ATTN: PA Litigation, 1942 Broadway, Suite 314, Boulder, CO 80302. You can also email any such documents to him at mark@cohenhorner.com

Nick Gromicko
Founder

[Joseph Hagarty, CMI]

Originally Posted by gromicko

Here is a version (not final version) of the letter the Board of REALTORs is publishing for us at no charge in their next newsletter:

National Association of Certified Home Inspectors (NACHI) is in Compliance with the Pennsylvania Home Inspection Act.

In the June 2007 edition of the LCAR Closing Comments newsletter an article was published entitled Home Inspector Associations and PA Law (Act 114), by Matt Steger. This article contained many inaccuracies concerning NACHI and, as a result, LCAR agreed to give NACHI equal space to respond to the prior article. Mr. Steger’s article has had a direct economic impact on NACHI members in Pennsylvania and NACHI would like to set the record straight.

Mr. Steger urged consumers and real estate agents to verify a home inspector’s membership in NAHI, ASHI or AII. If the home inspector is not a member of one of these three organizations he pointedly states “. . . buyer and agent beware (to put it nicely)!” He goes on to state: “If your inspector is not a member of NAHI, ASHI or AII he is in violation of PA Law, according to the PHIC.”

PHIC stands for Pennsylvania Home Inspectors Coalition; it was formed and is run by a group of inspectors primarily affiliated with NAHI and ASHI. PHIC is NOT a government agency and has no legal authority to determine whether any home inspection organization is or is not in compliance with Pennsylvania law. In fact, a lawsuit PHIC filed against NACHI in Chester County, Pennsylvania was dismissed. In an Order dated June 13, 2005, the Court stated: “Finally, there is no indication that Plaintiffs are authorized to enforce the Home Inspection Law. . .” (Case No. 03-07803).

NACHI is the largest home inspection association in the nation and it values its members and enjoys an upstanding reputation with the real estate community throughout the country. In order to maintain its successful relationship with the Pennsylvania real estate community NACHI believes it is necessary to reassure Pennsylvania real estate agents and residents that NACHI is fully compliant with the Home Inspection Law.

Those of you reading this article are familiar with the requirements of the Act that went into effect in December 2001. NACHI is complaint and has always been complaint with each and every one of those requirements.

The Act defines a National Home Inspector Association as any national association of home inspectors that operates on a not-for–profit basis, is not a franchise and has members in more than 10 states. NACHI is a non-profit corporation incorporated under the laws of the state of Colorado and has approximately 10,000 members in all 50 states. It is recognized by the Internal Revenue Service as a tax-exempt 501(c)(6) trade association.

The Act requires that a person must perform or participate in the performance of more than 100 fee paid home inspections before becoming a full member; NACHI has the same requirements for full membership status. The Act requires that members pass a recognized or accredited examination. NACHI’s exam has the reputation of being the most intensive and thorough examination in the industry. It is an online inspector examination and individuals must pass the exam with a score of 80 or better. In addition to this exam, members are also required to take NACHI’s Ethics Obstacle Course and NACHI’s Standard of Practice Quiz.

The Act requires that inspectors comply with a code of conduct and attend continuing professional education classes. NACHI goes beyond that; members are required to take 24 hours per year of continuing education courses. NACHI offers it membership numerous continuing education classes, various levels of membership and countless benefits-all of which benefits the consumer by providing the industry with honest and some of the best educated inspectors in the industry. (You may view NACHI’s membership requirements, code of conduct and continuing education requirements at www.nachi.org)

The Act requires that inspectors carry Errors and Omission (E&O) Insurance, and NACHI members in Pennsylvania must carry this type of insurance. If you are uncertain, ask the individual inspector for proof of insurance. Finally, if you have any questions as to whether a NACHI home inspector you are thinking of using meets the requirements of Pennsylvania law, do not rely on PHIC; instead, call the Attorney General of Pennsylvania’s Consumer Protection Unit at (800) 441-2555.

NACHI exists because of you, the realtors and the consumers. Its mission statement is to provide the homeowner and buyer with peace of mind and quality work. Currently there is a bill pending before the Pennsylvania legislature requiring licensing of home inspectors. NACHI supports this measure. Hopefully, licensing will put an end to these attacks on NACHI and create a common ground for all inspectors, allowing each to stand on their own reputation for quality performance.

I hope I have set the record straight. NACHI has and will vigorously defend its reputation. NACHI’s national counsel and NACHI’s local counsel in Pennsylvania have both opined that NACHI is in full compliance with Pennsylvania law. If you have received any oral, written, or electronic communications from anyone stating or suggesting that NACHI is not compliant with Pennsylvania law, PLEASE forward those to our counsel, Mark Cohen by mailing them to him at the following address: Mark Cohen, Cohen Horner, LLP ATTN: PA Litigation, 1942 Broadway, Suite 314, Boulder, CO 80302. You can also email any such documents to him at mark@cohenhorner.com

Nick Gromicko
Founder

Excellent.

[John McKenna]

Originally Posted by jgroves

There is a concept that some folks do not seem to grasp. The very purpose for the freedom of speech is not to protect popular speech, because it needs no protection. It is those that dissent that need these protections. It is also only protection from government action. You have no First Amendment rights on this, or any other, message board. However, one of the things that distinguishes this association from the others is the spirited debate that takes place here. As for NAHI's attorney's demand that this board be moderated, that IS a First Amendment violation, because he is asking the government to IMPOSE the moderation on us. That is government action to silence the speech that Mallory and NAHI don't like on this message board. That will not stand.

'

If we ever need another URL for a new NACHI forum, this one is available:
MALLORYBASHING.COM

https://www.godaddy.com

Sorry... could not resist the fun.... how unprofessional of me..

[John B. Allen]

Originally Posted by gromicko

John B. Allen,

Thanks for posting.

This time it is much worse. One of Mallory-owned, for-profit association members actually emailed REALTORs listing NACHI members by name and saying that they were operating illegally. Another Mallory-owned, for-profit member wrote an article which his local Board of REALTORs accidentally published. We settled already with that Board and they are publshing a full explanation in their next newsletter. Others are already admitting to a conspiracy to harm NACHI member's businesses (a criminal act). Silly me, I was going to let it go but 2 days ago I got word from the Mallory-owned, for-profit association's attorney that he was filing a motion to compel us to moderate this board (something I specifically refused to do and did not agree to do in any agreement anywhere). So, back to war. This will all likely lead to us suing Mallory Anderson personally. It is clear they want to continue using their member's dues on warmongering attorneys rather than www.nachi.org/benefits.htm

P.S. I reserve my first amendmant right to be offensive and rude when trying to emphasize a point regarding an issue that affects my industry.

I did not realize anyone was being named, nor did I realize agents were getting faxes like this. I know that I have a few friends who belong to Nachi and would never stoop so low.
In this case I say do what is needed.............

As for proctored testing in pa, that is a good start. I see too many guys want to come into this proffession to make a quick buck. They may be auto mechanics, or airplane mechanics knowing very little about houses.This does bother me immensely. I have been inspecting for over 12 years now and have seen some of the shoddy inspections being done, by all sides. I just wish the quick buck guys would leave the inspecting to the more knowledgeable. Again this is from all organizations, not one or two.
Do you think a set of Astm standards would be good or bad for us?
As for mallory, I have met her before a few times. She seems nice enough, but I have also seen many wolves in sheep clothing as well. This could be the case. But as stated before, i just wish all the crap would cease and all organizations would work together for the common good of all involved. My renewal is coming up soon for nahi...........

[Nick Gromicko]

John Allen,

I don't presume to know you at all, but I'm getting the feeling that you like NACHIism (open source discussion of all things inspection, be they of a technical issue, legislative issue, ethical issue, etc, without fear of censorship, with the ultimate goal of improving the industry by inspectors helping inspectors).

NACHIism (a world-wide movement that extends from here in Colorado all the way to mainland China) is what that do-nothing, for-profit association is really attacking, and it is what causes so much anger to be misdirected at us.