Legal Question in Real Estate Law in Pennsylvania

Re: Unauthorized Installation of Fixtures

They can sue, but you have your defenses.

1) res judicata (race jude-i-ka-ta) - this case was already tried, and you won and were awarded damages. They should have brought this up the first time.

2) Laches - they are too late, they should have brought this up in the last law suit

3) estopple - they shouldn't be allowed to assert their claim because it is unfair now (because you already tried this case and shouldn't be forced to do it again)

4) entire controversy doctrine - similar to res judicata. It means that all claims flowing from the same set of facts/event must be brought at the same time. It is unfair to you to try the case over and over again, and it is a waste of the court resources, so it must be dismissed with prejudice. This is nearly always a 100% winner in NJ, but PA isn't as harsh as NJ, but this should still be a winner in your case.

5) unclean hands - they are hear because they breached a contract. Had they bought, you wouldn't be there!

6) breach of contract - they breached their agreement with you and can not now seek damages flowing from THEIR breach. (they will argue benefit to you that you must pay for or you will get a windfall) There was a trial where it was brought up they made mods to the house and you were awarded damages.

7) these are fixtures attahced to the structure and they must stay or there will be damages to your property

8) abandonment of the property (why didn't they take them with them - because they abandoned them)

THEN, counter sue for damages (what it would cost to remove and replace the work they did - get estimates) and breach of contract.

Sue them for frivilous law suit.

Make their freaking head spin!!!

I'd bet with most judges you have a 50:50 chance of getting damages against them for a frivilous suit that wasted the court's time.

PS - If you get an atty, there is a good chance you could get atty fees under these circumstances.

Good luck.