H D Pate Attorneys At Law

In reference to the complaint concerning the cracked heat exchanger on the year old furnace It was explained to Mrs [redacted] in detail at the time it was first brought to our attention and we are happy to explain to your Bureau the scope of a Standard Home Inspection The heat exchanger itself is not an inspect-able item during a standard home inspection The Indiana Code IAC 1-2-Minimum Standards of competent performance of home inspections: [redacted] Sec(c) Purpose and scope are as follows: (1) Licensees shall: (A) inspect (i) readily accessible systems and components of homes listed in these minimum standards of competent performance; [redacted] Sec(i) Heating systems requirements are as follows: (2) Licensees are not required to: (A) inspect (ii) the heat exchanger; The Home Inspection Order Agreement signed by Ms [redacted] also states in Section A, PURPOSE AND SCOPE OF HOME INSPECTION " is to identify visual material defects..." See attached contract The exchanger is a part of the furnace that is not visible unless the furnace is dismantled There are test that can be run to determine cracks but those are typically performed by a HVAC contractor and not part of a Standard Home Inspection We rated the furnace at Ms [redacted] 's future home as "Fair" because it was functioning at the time of the inspection, but we were not able to give it a "Satisfactory" rating do to it's year old age We stated the typical design life was - years and recommended service to maintain the system Also stated in the introduction to the HEATING SYSTEM component of the report is that the inspection is limited to the readily visible and accessible elements which the heat exchanger is not I have attached a copy of this section of the report for your reference We understand that during that service call that we recommended that the Heating Contractor did report a crack in the exchanger, the inspection fulfilled it's purpose and brought the right professional to the home after the inspection We do not feel we were negligent in fulfilling our obligations either under State Law or our contract If you have any further questions please don't hesitate to contact us Sincerely, Tim Paino, Franchise Owner [email protected]

From: Tim P*** Sent: Monday, August 7, 12:PM To: info Subject: Case ID: *** Case ID: *** We have responded to Mr*** on these issues and apparently he does not yet understand the limitations of the Standard Home Inspection
Here is a brief explanation addressing his complaint, but after attempting to explain the limitations of the Standard Home Inspection we offered and did refund Mr*** his entire inspection fee of $ 1) Electrical: Wiring in the home was rated "POOR" in the inspection report with the recommendation of having it further evaluated by a Qualified Contractor If he had this done prior to purchasing these complaints should be towards that contractor2) Roof Framing: Again was rated as "POOR" in the inspection report with the recommendation to have the attic space and related elements further evaluated by a qualified contractor3) Termite damage "in the walls": The Standard Home Inspection is a limited, non-invasive, visual inspection Unfortunately we do not have the ability to see through walls and this is a non- inspect-able item4) Rodent Issue in InsulationThis was not in the report, but prior to us refunding the inspection fee and closing the file it was not brought to our attention and I have no knowledge if where this was discovered was a readily accessible and visible area so I am unable to respond Mr*** was given a page report that had numerous recommendations to have areas further evaluated, which either he did not do prior to purchasing or did and they failed to discover these items By contract the limit of our obligations is to the fee charged for the service To preserve a relationship with the Real Estate agent that refereed us to the job, we offered to refund the entire amount of the inspection fee ($630.00) if he agreed to sign a Release of Liability that was provided by our insurance company He signed and we paid The longer he lives in the home - nearing a year, the inspection was done on 9/12/- as he discovers more defects he continues to return to us for compensation We explain that we are released from these matters and have now stopped responding to him - thus the complaint to the Revdex.com We preform around 3,home inspection each year, and you are correct - you can't please 100% of the clients 100% of the time, but we hit about 99% I hope this helps you understand our situation with Mr*** Thanks, Tim P***, HouseMaster tim.p***@housemaster.com Office: (317) 209-www.heartlandhousemaster.com

In reference to the complaint concerning the cracked heat exchanger on the year old furnace It was explained to Mrs*** in detail at the time it was first brought to our attention and we are happy to explain to your Bureau the scope of a Standard Home Inspection The heat
exchanger itself is not an inspect-able item during a standard home inspection
The Indiana Code IAC 1-2-Minimum Standards of competent performance of home inspections:
* Sec(c) Purpose and scope are as follows: (1) Licensees shall: (A) inspect (i) readily accessible systems and components of homes listed in these minimum standards of competent performance;
* Sec(i) Heating systems requirements are as follows: (2) Licensees are not required to: (A) inspect (ii) the heat exchanger;
The Home Inspection Order Agreement signed by Ms*** also states in Section A, PURPOSE AND SCOPE OF HOME INSPECTION " is to identify visual material defects..." See attached contract
The exchanger is a part of the furnace that is not visible unless the furnace is dismantled There are test that can be run to determine cracks but those are typically performed by a HVAC contractor and not part of a Standard Home Inspection We rated the furnace at Ms***'s future home as "Fair" because it was functioning at the time of the inspection, but we were not able to give it a "Satisfactory" rating do to it's year old age We stated the typical design life was - years and recommended service to maintain the system Also stated in the introduction to the HEATING SYSTEM component of the report is that the inspection is limited to the readily visible and accessible elements which the heat exchanger is not I have attached a copy of this section of the report for your reference
We understand that during that service call that we recommended that the Heating Contractor did report a crack in the exchanger, the inspection fulfilled it's purpose and brought the right professional to the home after the inspection We do not feel we were negligent in fulfilling our obligations either under State Law or our contract
If you have any further questions please don't hesitate to contact us
Sincerely,
Tim Paino,
Franchise Owner
[email protected]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
The technician who came out to do the clean and check did NOT open the furnace up to inspect the heat exchanger. When he opened the cover of the unit, he saw so much residue, he knew immediately that the heat exchanger was cracked. Turning on the unit confirmed this. If the clean and check technician could discover this major flaw in the heating system with a little more than cursory glance, then the home inspector should have too.  
Regards,
[redacted]