A Pennsylvania buyer receives the Seller's Property Disclosure Statement and signs the agreement of sale. Before closing, the buyer discovers that the seller answered 'no' to the question about boundary disputes, but the seller had received a letter from a neighbor disputing the fence line three months before listing. What remedy is available to the buyer under 68 Pa.C.S. §7311?
Correct Answer
A) The buyer may seek actual damages resulting from the seller's knowing misrepresentation
Under 68 Pa.C.S. §7311, a buyer who suffers damages as a result of a seller's knowing misrepresentation on the disclosure statement may recover actual damages. The seller's false 'no' answer about boundary disputes when the seller had received a dispute letter constitutes knowing misrepresentation.
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Related Topics & Key Terms
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Related Concepts
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
More Pa Seller Disclosure Questions
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
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- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
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Karen is a listing agent in Pennsylvania. She learns from a neighbor that her seller's property was the site of a methamphetamine lab several years before the seller purchased it. The seller genuinely has no knowledge of this history. Under Pennsylvania law, what is Karen's obligation?
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A seller in Pennsylvania is completing the Seller's Property Disclosure Statement. For a question about the property's water source, the seller selects 'public water.' Which of the following accurately describes the nature of this response?