Legal Question in Real Estate Law in Pennsylvania

Seller refusing to correct ...

I recently signed an agreement to purchase a home. After the sewage/dye test it was determined that the toilet in the downstairs bathroom is not legally working. The sellers are proposing sealing the hole and removing the toilet and doing nothing else. Is there any legal obligation for them to correct the toilet issue (i am happy as long as there is one downstairs somewhere). I purchased a home with a half bath downstairs and now they are removing that bathroom before I move in! Don't they have to have a working bathroom downstairs if the was listed and showed with it there? I want this house and do not want to back out, but I want the 1/2 bath that was listed and that I saw when I viewed the home.


Asked on 3/09/09, 1:43 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Seller refusing to correct ...

If you are still within the inspection/testing contingency deadlines, you should be able to cancel if they do not agree to correct the condition, and not by just removing the toilet. You should check with your Realtor and/or lawyer to verify the timing.

If you still have rights under the deadlines, you should write a letter insisting on the correction by having the problem remedied with a working toilet, work to be done by a licensed plumber, and the repair of the sewage line to the satisfaction of the township, county or municipal authority that has jurisdiction of your property location. Send the letter to both the seller's realtor and the seller, by regular mail and by certified mail, return receipt requested.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 3/09/09, 2:47 pm


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