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Pa Specific Contract ProvisionsContract_essentials_paMEDIUM

A PA Agreement of Sale includes the statement: 'This property is being sold AS-IS.' The buyer later discovers a hidden defect that the seller knew about but did not disclose on the Seller's Property Disclosure. Can the buyer still pursue a claim?

Correct Answer

B) Yes, an AS-IS clause does not protect the seller from liability for known defects that were intentionally concealed

Under Pennsylvania law and the Seller's Property Disclosure Law (68 Pa.C.S. §7301-7314), an AS-IS clause does not protect a seller who intentionally conceals known defects. Fraudulent concealment overrides an AS-IS provision, and the buyer may pursue remedies.

Answer Options
A
No, the AS-IS clause waives all claims related to property condition
B
Yes, an AS-IS clause does not protect the seller from liability for known defects that were intentionally concealed
C
No, the buyer should have discovered the defect during the inspection period
D
Yes, but only if the buyer files a claim within 5 days of settlement

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Related Topics & Key Terms

Key Terms:

as_isseller_disclosureconcealmentfraudknown_defects
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