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Pa Specific Contract ProvisionsBreach_remedies_paEASY

A buyer in Bucks County discovers that the seller misrepresented the square footage of a home on the Seller's Property Disclosure. The actual square footage is 300 square feet less than stated. Under PA law, what remedy may the buyer have?

Correct Answer

B) The buyer may sue the seller for damages resulting from the misrepresentation

Under the PA Seller's Property Disclosure Law (68 Pa.C.S. §7311), a seller who misrepresents material facts is liable for damages. Square footage is a material factor affecting property value, and the buyer may sue for damages resulting from the misrepresentation.

Answer Options
A
No remedy because square footage discrepancies are expected
B
The buyer may sue the seller for damages resulting from the misrepresentation
C
The buyer must accept the property because the deed has already been recorded
D
The buyer can only request a new appraisal at the seller's expense

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Related Topics & Key Terms

Key Terms:

misrepresentationsquare_footageseller_disclosuredamages

Related Concepts

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

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