A buyer in Schuylkill County enters into a PA Agreement of Sale for a property that was listed as having 3 acres. After closing, the buyer discovers the property is only 2.5 acres based on a new survey. The Agreement of Sale did not include a survey contingency. What remedy may the buyer pursue?
Correct Answer
A) A claim against the seller for damages based on the acreage deficiency, especially if the seller knew of the discrepancy
Even without a survey contingency, the buyer may have a claim against the seller if the property was marketed and sold as 3 acres but is actually only 2.5 acres. If the seller knew of the discrepancy or if the listing misrepresented the acreage, the buyer may pursue damages for misrepresentation.
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