Legal Question in Real Estate Law in Pennsylvania

Does an implied warranty of habitability pertain to buyers, or just renters? I bought a house and when we moved in and ripped up the carpets, I was attacked by 100s of fleas. I filed a small claims complaint against seller and I am trying to research what the legal basis of my case will be.


Asked on 9/23/11, 8:04 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Habitability is a lease issue. When there are problems in a newly purchased house, it is a question of misrepresentation or failure to disclose by the seller, and possibly a badly done inspection [you did have an inspection, didn't you?]

Although a "termite" inspection, if one was done, doesn't look for anything but wood-destroying pests and resulting damage, it might have seen some evidence of fleas, but that probably isn't likely.

Why don't you just consult a lawyer in your area, who could give you a better answer than your own consideration of your research might be.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 9/23/11, 8:52 am


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