Legal Question in Real Estate Law in Pennsylvania

Re: non working well

PA law requires that each Buyer be given a Seller Disclosure Statement in which the Seller provides disclosures on the property. In the process of getting the house under contract you should have recieved one of these, which should have stated the matter if the agent or seller we aware. If it were purposely omitted or even misstated, you may have a strong argument for cancelling the contract.

Also, what was the language on the contingency with regard to the well and inspection results. It is important to review the language accordingly to see what rights are triggered if any and what remedies are available.

If you are unsure as to your rights under the contract and whether your issues with the well should have been disclosed in the Seller's Disclosure Statement, it is important that you speak to someone regarding your matter.

Please feel free to contract our offices for a free legal consultation should have any further questions.

Re: non working well

Generally, the purpose of an inspection or testing of the well is for the purpose of your determining whether you want to buy the house. Check the exact language of the contingency for this inspection, to see what rights it gives you and what obligations it imposes on the seller.

Often, contingencies permit the buyer to cancel the contract, and allow the seller also to cancel the contract if the repairs cost above a certain amount.

Did your contract/agreement of sale include a Seller's Real Property Disclosure Statement? Such a Disclosure is required by PA law to be attached to the Agreement of Sale or given to the Buyer. If you did not receive it, or if it misstated the condition of the well, you may have rights to cancel even if the contingency provision in the contract did not give you that right.

If you are not sure of your rights in the contract, you should consult a real estate lawyer in your area.

You should definitely not go forward with the closing until this issue is resolved. If the contract does not permit you to cancel, then you should immediately ask your lawyer what risks and liability you would have if you refuse to close.