Mary Joan Gidor v. Benjamin E. Mangus d/b/a Mangus Inspections

Summary

In this concurring opinion, Justice Wecht agrees that the Pennsylvania Home Inspection Law’s one-year filing period functions as a statute of repose rather than a statute of limitations. The opinion concludes that the period begins upon delivery of the home inspection report and is not subject to the discovery rule. Justice Wecht also questions the reasoning of Dubose v. Quinlan and finds no material distinction between the language at issue there and the Home Inspection Law provision.

Holdings

1. Section 7512 functions as a statute of repose because it establishes a firm one-year period for filing an action measured from delivery of the home inspection report, without an express or implied accrual-based exception.
2. Gidor's claims were extinguished one year after delivery of Mangus's home inspection report.

Questions Presented

1. Whether Section 7512 of the Pennsylvania Home Inspection Law functions as a statute of limitations or a statute of repose.
2. Whether the one-year period in Section 7512 is tied to accrual or discovery of the cause of action.
3. Whether Section 7512's text establishes a firm, unqualified deadline for bringing an action arising from a home inspection report.

Disposition

other