InterNACHI

InterNACHI to file multi-million dollar lawsuit against NAHI's Matthew Steger.

 
 
                        June 26, 2007
 
                                                                        Certified Mail, RRR
 
Lancaster County Association of Realtors
1930 Harrington Drive
Lancaster, PA 17601
Attn: Rich Heslin, President
 
Dear Mr. Heslin:
 
            We represent the International Association of Certified Home Inspectors (“InterNACHI”).
 
            Your organization published an article entitled Home Inspector Associations and PA Law (Act 114), by Matt Steger, in the June 2007 edition of the LCAR Closing Comments newsletter.  This article contains numerous inaccuracies and misleading statements that are having a direct economic impact on InterNACHI members in Pennsylvania.   
 
            Specifically, I refer you to page 4, paragraph 5, beginning with, “If your inspector is not a member of NAHI, ASHI, or AII, he is in violation of the PA Law, according to PHIC.”  The article continues to state; “Believe it or not, there are several other home inspector associations that are in violation of PA Law (according to PHIC).  One such organization is called InterNACHI (National Association of Certified Home Inspectors).  A InterNACHI designation after one’s name doesn’t prove one way or the other that he is a qualified home inspector since the InterNACHI exam is not proctored and is simply done online.”  The article also mentions the pending federal lawsuit between NAHI and InterNACHI, which is not relevant to InterNACHI’s compliance with PA Law.
           
            It is important to note these statements do not form any factual basis for the opinion InterNACHI is not compliant with PA law.  The fact that InterNACHI members are required to take an on-line exam does not disqualify the exam as being in compliance with the PA Law. PHIC is a private organization formed by home inspectors that do not want to compete with InterNACHI members, but the article gives the impression that PHIC has some legal standing to determine who is in compliance with Pennsylvania law. In fact, InterNACHI has repeatedly beat PHIC in court, and in July of 2005 PHIC voluntarily dismissed a lawsuit it had filed against InterNACHI in Chester County, Pennsylvania rather than risk being held liable for InterNACHI’s attorney’s fees in that matter because of the frivolous nature of PHIC’s claims.  (Case No. 03-07803).
 
            InterNACHI is in full compliance with the PA Law and as such InterNACHI requesting that your organization allow InterNACHI equal space in the LCAR Closing Comments newsletter outlining its compliance with the PA Law.  InterNACHI is also requesting that your publication provide InterNACHI with free advertising for one year in return for a full release from any liability. 
 
InterNACHI is and always has been in full compliance with the Pennsylvania Home Inspection Law since its inception in December 2001.  The website of the Attorney General of Pennsylvania highlights the requirements under the Act: 
            The Act defines a “national association” as an association with members in more than 10 states; InterNACHI has members in all fifty states and throughout Canada.  The Act defines a “full member” as a person who has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination; InterNACHI defines a “full member” the same way. 
    
            InterNACHI is the largest home inspector organization in the world.  More than 9,000 North American inspectors call InterNACHI home.  The requirements to become a member of InterNACHI are available for all the world to see at http://www.nachi.org/membership.htm.  You can see InterNACHI’s Code of Conduct at http://www.nachi.org/code_of_ethics.htm.  
 
            InterNACHI has already instructed us to prepare lawsuits against Mr. Steger and several others who are conspiring to convince local realtors that InterNACHI is not compliant with Pennsylvania law, and we are in the process of preparing those lawsuits, which we believe will be filed within a few weeks.  We would prefer to keep LCAR out the lawsuit against Mr. Steger.
 
            I look forward to a quick resolution of this issue.  If you or your organization’s attorney wish to speak with me, you may call me at (303) 258-0561 with any concerns or questions.
 
                                                                        Sincerely
                                                                        COHEN HORNER, LLP
 
 
MSC:wth                                                        MARK S. COHEN

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