Wednesday, January 30, 2013

Are Real Estate Agents Obligated to Disclose a - Lawinfo Blog

A woman named Janet Milliken left California to start a new life in Pennsylvania. ?In June 2007, she purchased a house from Joseph and Kathleen Jacono for $610,000 to live in with her two teenage children.? All seemed well until a few weeks later when she discovered that her newly purchased home was the site of a murder-suicide that had occurred a year earlier.

According to a news source, Miliken wants the transaction rescinded.? She sued the Jacono?s and the real estate agent for fraud and misrepresentation, claiming that they intentionally failed to disclose the murder-suicide that took place in the home. ?Unfortunately for Miliken, the trail judge ruled against Miliken, stating that Pennsylvania law??does not require agents to disclose such events.? ?Miliken has not given up in her suit against the agent and seller.? Last week, she filed a petition to the Supreme Court of Pennsylvania.

What is Fraud?

Fraud?occurs when one intentionally deceives another.? It can be filed as either a civil or criminal claim.? Therefore, the fines for fraud can be monetary as well as punitive.

What Is Real Estate Law?

Real estate law?includes a wide variety of legal issues including real estate sale disputes such as breach of contract, specific performance, non-disclosure, fraud or misrepresentation.

Each state has its own set of?real estate laws. ?To learn more about real estate laws in your state, contact a real estate attorney?in your area today.

Would you buy a home where a murder-suicide took place?? Do you think sellers in all states should be required to disclose such events?

Source: http://blog.lawinfo.com/2013/01/29/are-real-estate-agents-obligated-to-disclose-a-homes-history-to-potential-buyers/

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