Legal Question in Real Estate Law in Pennsylvania
Pa disclouser law on death in house
Hi i purchase my house in pa in aug 07. i found out that novemeber that a young child might of died in my small koi pond in my back yard. then back in march one of my neighbors confirm to me that one of my other neighbors 3 year old kid wounder into the yard and drowned in the koi pond. a month ago a different neighbor once again said something that it happen. i was wondering if their was any real estate law saying that the seller was suppose to tell us that a child died in our pond. i was just curious on the law and everything. thank you
1 Answer from Attorneys
Re: Pa disclouser law on death in house
You asked about disclosure of issues by a sller of real property.
A seller of real property (but generally all property) has the affirmative duty to disclose any liabilities or impediments to value that are known or which should have been known by the reasonable owner at the time of sale. The classic case is flooding. If the owner had suffered a flood previously due to existing conditions then s/he would probably need to disclose this to potential purchasers. THis can be done in a broad form of disclosure or could be disclosed in an more discrete means such as supplying a flood zone map showing the property within X contour. But if someone built a house, turned around and sold it before the house experienced a flood then they would not reasonably be informed of the duty to inform., unless they were otherwise aware of the predilection to flood..
This area of law is interpreted pretty broadly and would generally not include the disclosure of deaths or even homicides but it may include conditions which gave rise to the death (or even an injury).
There likely would be no value to a claim of failure to disclose here. But then you are on notice that your koi pond could be considered an attractive nuisance. But that's another question, and your quarter has run out.
Regards,
Roger