Legal Question in Real Estate Law in Pennsylvania
real estate purchase and sale
i we purchased a property in pa and we live in md and with the help of a realtor who know we wanted the property as an investment property and the intent was to rent it. we purchased it, then was forced to sell due to the fact the zoning of the property would not allow us to rent it, we had to live in it. should the realtor and office reimburse us for settlement fees/costs and improvements on the property?
1 Answer from Attorneys
Re: real estate purchase and sale
It depends on whether or not the seller or Realtor made any written disclosures saying that the property could be rented, and what the agreement of sale or contract itself said about use of the property and if there was a contingency for you to check or change the zoning and use.
It is unusual for a residential zoned property to not be available for rental as well as owner-occupied, except if the property is in a HomeOwners' Association or similar Planned Unit development that prohibits renting out the homes. If that is the case, you should have received copies of the documents governing the development before you were bound by the contract, with an option to cancel within a certain time of receiving such documents if you did not like the restrictions that are imposed on the property.
If you did not review all of the contract documents and disclosures or check on any restrictions and exercise any options you may have had to cancel, and if no written disclosures were made to you saying that the property could be used as a rental, then you probably do not have a claim for reimbursement.
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