Legal Question in Real Estate Law in Pennsylvania

Property Disclosure Statement

I sold a home a year and a half ago. Now the buyer is threatening a law suit because he found some rotten wood on the window trim of a few windows, which I had no knowledge of at the time of sale. He had a professional home inspection performed which did not identify any problems.

I have a signed copy of the Pre-Settlement Walk-Thru Inspection form which the buyer signed at closing (was also witnessed) and it has the following statement. ''The buyer warrants that they are not relying upon any representation made by the seller and hereby releases, quit claims and forever discharges seller from any and all claims, losses or demands and all of the consequences thereof, where now known or not, which may arise due to the subject condition of the property''.

Is this a legal and binding document and can it protect me from a lawsuit?

Thank You.


Asked on 10/31/07, 11:37 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Property Disclosure Statement

The answer is will it protect you from a law suit is sadly no. That said, will it protect you from a successful law suit? Maybe.

Several facts work against the buyers:

1) The document you mention.

2) The fact there was a home inspection.

3) The fact that the defect wasn't hidden or latent.

4) No proof that the rotting wood could not have happened during the time the buyer owned the property.

So can they sue you? Yes. Can they win? Well I wouldn't bring the suit.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 10/31/07, 12:58 pm


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