PA Supreme Court makes very clear ruling on murder suicide disclosure.
A very high profile case has made its way through the PA court system resulting in a very clear ruling on whether murder suicide needs to be disclosed as a material defect, which is NO, it does not.
The case Milliken v Jacono resulted when soon after moving in the buyers were told the house was the center of a highly publicized murder suicide by a neighbor.
After several rounds of the case moving through the courts and several appeals the case ended up in the Supreme Court, who were willing to hear parts of the case but not in relation to the violation of the Sellers' Disclosure law, thus upholding that the law does not require sellers to disclose a murder suicide.
The PAR Sellers Disclosure Form actually goes beyond what the state requires for sellers to dislcose, and the court said that just because it does this it does not create additional mandatory disclosure requirements. Also the court was not willing to consider that something that was a psychological stigma consituted a material defect and even if it did how would a court decide the impact this might have financially.
The court said that this sort of event did not affect the "structure" of the house nor do they affect the quality of the real estate.
As far as buyers agents are concerned, the court said it was not a latent defect and the buyer still needed to do their own due diligence to discover if the house met their needs. The murder suicide was a highly publicized event covered in the local media and well known throught the neighborhood.
Now how about ghosts and haunted houses?
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