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Home Disclosure

Wednesday, January 30, 2013

Buyer Beware: Should a Home's Gory Past Be Disclosed?

A Delaware County woman filed a lawsuit when she found out her home was the site of a murder-suicide in 2006.

An ABC News report published Monday raises the question of whether home sellers should be legally required to disclose that a home was the scene of a bloody crime.  According to the article, Janet Milliken, 59, purchased a home in Thornton, near Chadds Ford in Delaware County, and later learned it was the scene of a grisly crime: She sued the seller and the real estate agent for fraud and misrepresentation, saying they made a "deliberate choice not to disclose the home's recent past," according to a court document. The trial judge granted summary judgment in favor of the defendants, saying state law does not require agents to disclose such events. The judge's ruling was upheld by an appeals court, but Milliken appealed to the state Supreme…

djbemom

11:19 pm on Wednesday, January 30, 2013

Do unto others as you would have them do unto you.....The courts have ruled that this does not HAVE to be disclosed. But simply because it doesn't have to be doesn't necessarily mean you shouldn't disclose. I have seen a similar case. The property was marketed as usual but when someone came back for a second time or expressed interest in buying the situation was disclosed to the buyer. The …   more ›

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