Legal Question in Real Estate Law in Pennsylvania
Seller Disclosure
If the seller disclosed a problem with the sewer line as follows: ''the sewer backed up once when the city did work, but never before or after''. Then, after we moved in, we found a problem with the sewer that, in the opinion of the plumber, was there for years. Do we have recourse, or is the seller covered because they disclosed ''something'' even though they were not honest?
1 Answer from Attorneys
Re: Seller Disclosure
You asked about a possible disclosure issue.
Your situation is pretty clear, based on the information you provided you have no claim.
You would have a claim if the seller knew of a problem and either concealed it or failed to disclose it when asked. In this case it seems they made a sufficient disclosure unless you can prove that they knew there was a problem. More than likely they didn't know about any problem, and in fact it may have been there for years, and may have never caused them any problem. Don't suspect them of a lie unless you can conclusively prove it.
Because there was an issue in the disclosure you would have been well-advised to have the matter inspected as the duty falls to you to do your diligence before the purchase, or if the contract allows then before closing.
Regards,
Roger
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