Legal Question in Real Estate Law in Pennsylvania
Seller lied on disclosure
We purchased a home earlier this year. A week after we moved in, the Sewer backed up into the basement. After having a plumber out, we found tree roots in the line. The plumber said it was one of the worst cases he'd seen. Do we have a case to take legal action and is it worthwhile?
1 Answer from Attorneys
Re: Seller lied on disclosure
You asked about a possible disclosure problem in a real estate transaction.
You probably don't have a claim. Generally in transactions it is buyer beware. A buyer has the opportunity to perform his due diligence before the transaction, and generally cannot claim later that something was not disclosed.
Here, you would have to prove that the problem existed before the transaction AND that the seller knew about the problem AND that the seller was not truthful in a disclosure about any pending problems.
Rather than try a head -on fight, you might get all of your facts together, speak with the seller and try to get the seller to pony up for say half of the repair. Win-win and it might go easy. If the seller doesn't agree then it is up to you and the facts as to whether this is a fight you think is worth having.
Otherwise, just chalk it up as one of the joys of home ownership and get on to all the other problems that will arise.
Regards,
Roger