Attorney/Investor Thumbs NoseAt Pennsylvania Seller Disclosure Law

Buyers are advised to seek legal counsel when there are legal issues involving a settlement. They are doubly urged to seek legal counsel when the seller of real estate is an attorney.

The following caveat appears in a listing for an Easton (PA) property: "Sellers Disclosure will be disclosed when offers are presented. None online. Investor has not lived in property."

The Pennsylvania Seller Disclosure Act requires that sellers of residential dwellings of four units or less complete a statement that discloses material defects in the property. This statement is generally available online to real estate agents through the multiple listing service and shared with buyers PRIOR to signing an agreement of sale.

I had an appointment to show this property on Saturday and requested the disclosure. I was told that the seller would not release the disclosure until he had an offer in hand: "He is an attorney and he knows the law."

Here's what the law actually says:

7303. Disclosure of material defects

Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with section 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property.

We passed on that showing.

Comments

[doug]

hello
i would like to know the law concerning sellers disclosures in the state of pa we purchased our home in july 2003 and the sellers disclosure didn't disclose any information on any water damage to the property and every time it rains the property gets water damage i would like to know the pa statute and also what recourse we have.

[Lee]

I'm being told by a PA real estate agent that the seller does not have to provide a seller's disclosure form if they have not actually lived in the property. Is this true and does this mean that any property investor can just flip real estate without an obligation to the buyer as long as they don't physically take up residence in the property??

[curt]

we purchased our nightmare june 23 of 2004, the seller lied on the disclosure stating that the roof did not leak and the basement was "dry year round , no leakage", well first, second, third , fourth , fifth and every time it rains , every time , every single time , we are flooded in the basement and only when we went into more debt putting on a new roof to stop the rain from further soaking of the house did we finally have that issue resolved, yes the roof that did not leak had to be replaced,, go figure.. the law has to be stifer, buyer are the victims and the sellers are blatent liars one by name MR. MICKEY CLUSTER, lives near State College, Pa. he is a liar and thief so if anyone should ever have any type of contact with this un truthfull creature do not trust him. the law needs to hold the seller accountable aand their agent also. the law and disclosure are only good until the first time it rains.. wel if we livced in a arid climate then we would not have to worry if the basement was dry all year around. violating the disclosure is fraud and criminal and enforcement of laws to protect the buyer must be enforced. 30 years is a long long time to pay for someone elses lies. would we have bought the nightmare if we knew , no and we would by now have a home that is dry year around.

[Ros]

Curt: You should see a lawyer you have a very good case for getting your money back. You real estate agent/broker should be able to help you find a real estate attorney or go toi arbitration also Did you have a home inspection?

[Seb]

I disagree with only one portion of Curt's statement. I do not believe that a real estate agent should be held accountable for a seller's lie. An agent has not lived in the property, is not a trained proprty inspector, and most of the time has no expertise in construction/repair/inspection. He is trained in marketing a property for sale.
All he can do is tell the seller what the law is and tell them they must disclose...
To answer your probable question, no, I am not an agent. I did attempt a sales career for about a year and hated it.

[Jose]

Hi I purchased a home in july 2008 and the seller never disclosed that they had 4 wells on the property. The disclosure read origianl well ran dry in 30 years dug new well.. After living in the home for a week we ran out of water. I have dug a 5th well to 1000 ft and still no water.Come to find out they had problems in the past and hydrofractured the wells and still had problems. Also they only diclosed 2 wells not 4 . Do i have a case in court for my money back.

[P]

We just went to court to sue a seller for lying on a disclosure form (our cost to repair, more than 12 grand). Took 3 years to get the case before a panel of 3 attorneys -none of whom seemed to know a thing about realestate law (a very unique area of law).

We have more than 6 grand into attorneys fees.

Sellers can lie because suing and maybe someday getting your money back is almost impossible.

No decision from the 3 attorney panel, but, unless they took time to reseach real estate law, I'd say we're out another 6K.

Buyers beware. The cheater win in most of these cases.

[injury attorney west palm beach]

I do not believe that a real estate agent should be held accountable for a seller's lie.

Joshua

[Tom E.]

I've read all of your posts and feel that all of you have rights. However, I'm experiencing the opposite. I sold a 100 year old farm home to particularly snotty woman two years ago. First off, she waived the right to a home inspection (who does that on a 100 year old home?), secondly, she bragged openly at the closing that if anything was wrong she had a team of lawyers that would take care of things.

Incidentally, she got me to drop the asking price by $50,000 by offering cash. I had to take it. I couldn't afford two mortgages at the time. I also threw in a one year home warranty in case anything came up. So, within a month or so, the calls started to my realtor. She found this wrong and that wrong, all silly stuff that was undetectable by me. IT'S A 100 YEAR OLD HOME, PEOPLE!. Apparently, she went from room to room and gutted it to remodel. She wanted money for every small thing she found. I counted the days until the PA statute of limitations ran out so I could finally ignore her.

Two days before the 2 years were up, I received a summons from the sheriffs office that I was being sued by this woman. All I can say is UN-FREAKIN-BELIEVABLE! When you buy an old home, stuff breaks and s*** happens. There may have been things done that the owner before me did. Now, she's dragging me to court.

My point is, the buyer's protection is fine. The seller needs protection as well. You have to watch the other way, too. I either think this lady is psychotic or does this kind of thing for a living. I'm currently looking into a countersuit for harassment.

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As a Realtor it is hard to even trust that a deal will close now-a-days with the lenders going out of business and leaving buyers stuck out at closing. This has been a terrible experience for me.

Mitch

[texas criminal defense lawyer]

Some states require lawyers to participate in residential real estate transactions, especially at closing or settlement. Even if a lawyer is not required, sometimes it's a good idea.

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[Thomas Elliott]

Wow. You are so wrong. This attorney complied with the law, and had every right to withhold a disclosure until he had an offer in hand, as long as he delivered it before an agreement was signed. As you must know, an offer does not make an agreement. This is what the law actually says. You should read it again.