Diamond Group Home Inspection

I represent The Diamond Group Home Inspections Inc. (“Diamond”). I was asked to provide a response to the consumer complaint received by you regarding the home inspection provided by Diamond at the above address (“Property”). Specifically, Diamond asked me to set out its position relative to the allegations of the consumer complaint in an effort to inform you why the inspection for the presence of asbestos was not within the scope of services provided to the consumer by Diamond, as well as to correct the misstatement by the consumer regarding the standards of practice promulgated by the International Association of Certified Home Inspectors (InterNACHI). Please send all future communications regarding this matter to my attention.Diamond provided a professional residential home inspection at the Property. Home inspections are governed by the Pennsylvania Home Inspection Law (“HIL”), 68 Pa. C.S. § 7501, et seq.The HIL requires a home inspector to provide a written inspection report which shall: (A) describe the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered by the report; (B) describe any material defects noted during the inspection; (C) where necessary, recommend that certain experts be retained to determine the extent of the defects and any corrective action that should be taken; and (D) conspicuously identify any material defect that poses an unreasonable risk to people on the property.{J0406046.DOCX}
Revdex.com Serving Western Pennsylvania Revdex.com Complaint ID#: *** July 25, 2018 Page 2The HIL provides that home inspectors must adhere to the standards of practice and code of ethics of a national home inspection association. 68 Pa. C.S. §7504. The consumer signed a Home Inspection Pre-Inspection Agreement prior to the start of the inspection that provided that the services would be conducted according to the International Standards of Practice for Performing a General Home Inspection promulgated by InterNACHI.The InterNACHI Standards specifically provide that Diamond was not required to perform actions, or to make determinations, or to make recommendations not specifically stated in the Standards. Inspections performed using the InterNACHI Standards are not technically exhaustive and are not required to identify and to report concealed conditions, latent defects, or consequential damages. Further, the Standards did not require Diamond to determine the existence of asbestos. The Standards provide in pertinent part as follows:2.2. Exclusions:I. The inspector is not required to determine:***M. the existence of environmental hazards, including lead paint, asbestos or toxic drywall.The Home Inspection Pre-Inspection Agreement also addressed asbestos. The Agreement provides:ENVIRONMENTAL AND HEALTH ISSUES:The Client specifically acknowledges that a Property Inspection is NOT an Environmental Survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials. Such environmental concerns and hazards include but are not limited to asbestos; “Chinese Drywall”; radon; lead; urea formaldehyde; mold; mildew; fungus; odors; noise; toxic or flammable chemicals; water or air quality; PCB's or other toxins; electromagnetic fields; underground storage tanks; proximity to toxic waste sites; carbon monoxide. You agree to hold the Company and Inspector harmless for any injury, health risk or damage caused or contributed to by these conditions.The HIL provides in pertinent part that “the scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded from inspection may be defined by a contract between the home inspector and the client.” 68 Pa. C.S. §7507(b).Clearly Diamond was permitted by law to restrict the scope of the inspection services by way of contract. There is no reasonable interpretation of the provisions of the Agreement that would
Revdex.com Serving Western Pennsylvania Revdex.com Complaint ID#: *** July 25, 2018 Page 3permit a credible argument that Diamond ever agreed to determine the presence of asbestos in any system or component of the home.While Diamond did identify “...stains on the wall in the laundry area and stains on the floor in the front rooms under the porch that appeared to be an organic substance...” and “...recommended having an air quality test for mold,” this was not intended to be construed as an expansion of Diamond’s scope of work as to any and all potentially hazardous substances that may exist at the time of the inspection. A stain on a wall is easily determined to not be natural to the wall. Diamond did not specifically identify the substance, as Diamond did not agree to make those determinations. This is wholly different from a material like asbestos, that may be contained in building materials or otherwise appear to be natural to the surroundings.The consumer mistakenly cited a telephone conversation he had with InterNACHI’s founder, Nick Gromicko, regarding the InterNACHI Standards1. Our investigation reveals that Mr. Gromicko told the consumer that the InterNACHI Standards do not preclude an inspector from providing asbestos identification services or to refer a consumer to a specialist to test samples of possible asbestos containing materials. In fact, this is consistent with the InterNACHI Standards, which provide in pertinent part:1. Definitions and Scope1.1. A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed for a fee, which is designed to identify defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector. The scope of work may be modified by the Client and Inspector prior to the inspection process.A review of the InterNACHI Standards proves that the Standards do not require a home inspector to identify possible asbestos containing materials. Similarly, the contract between Diamond and the consumer specifically excludes asbestos from the scope of work.Finally, the consumer spoke with Sharon S *** at Diamond when he called to report his claim. Ms. S *** did not intend to disconnect the call without attempting to resolve the consumer’s complaint. Ms. S *** had another call in progress and accidentally disconnected the consumer’s call. Ms. S *** promptly returned the call, and explained to the consumer that the InterNACHI Standards specifically exclude the identification of asbestos from the scope of services. Ms. S *** further advised the consumer that she would review the claim and ask the undersigned to provide a written reply. The written reply was promptly sent. At no time did Ms.

1 The consumer also misidentified the “salesperson” for Diamond as Judi Cusumano. Ms. Cusumano is my Legal Assistant and sent the consumer our response to his claim via e-mail.

Revdex.com Serving Western Pennsylvania Revdex.com Complaint ID#: *** July 25, 2018 Page 4S*** or anyone at Diamond fail to promptly respond to the consumer’s claim in a reasonable and professional manner.While Diamond never wants its clients to experience problems in their new home, the issue raised in the consumer’s complaint is not within the scope of the inspection services he purchased. Accordingly, Diamond assumes no liability for any of these issues.

Very truly yours,SALMON, RICCHEZZA, SINGER & TURCHI llpBy: Joseph*. V Joseph *. DJWD:jbc cc: Client