United States:
No Duty To Disclose Murder Suicide When Selling A Home In Pennsylvania
24 July 2014
Fox Rothschild LLP
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Hopefully, this scenario does not happen very often.
Specifically, you sell a home where there was previously a murder
suicide. Well, it happened in the case Milliken v. Jacono.
I previously
blogged on the Pa Superior Court Decision where the court found
no duty to disclose. When the Pa Supreme Court accepted the case we
wondered whether the Court would now impose such a duty.
The Pennsylvania Supreme Court in a short and precise decision
affirmed the Pa Superior Court. The Court in a case of first
impression found that in Pennsylvania that Psychological stigmas
are not material defects that require disclosure by a seller.
Again, I do not know that this decision has many practical
implications. However, it would make a great law school exam
question.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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