Constructing Solid Seller Disclosure Litigation Cases

In robust real estate markets, the key to successful transactions is to act quickly. Sometimes, real estate investors or commercial property owners interpret that principle to mean cutting corners to achieve a sale. Sellers who are not forthcoming in seller disclosure documents can be sued later for the deficiencies. Buyers who waive customary steps in real estate transactions such as a home inspection can find themselves in over their heads with a property that needs far more repair work than their budget allows.

At the Donish Law Offices, PC, our lawyers are experienced in the entire spectrum of real estate law – including transactions, contracts, and litigation. This allows us to provide comprehensive advice to buyers or sellers who find themselves party to a seller disclosure lawsuit. We can examine the facts of your case, counsel you on how a judge may see your side and offer strategies for accomplishing your goals related to the suit.

Disclosure Issues, Viewed From Both Sides

In Pennsylvania, residential real estate sellers are required to fill out a Seller’s Property Disclosure Statement. This document asks questions about the following:

• The structural condition of the foundation, floors, walls, basement and roof
• If plumbing, electrical and heating/cooling systems are in good working order
• If the property has been cited for harboring environmental contaminants
• The state of any appliances that convey with the property
• Any additional material defects that pose a significant risk to people or the property itself

While the disclosure statement intends to be comprehensive, sellers are not expected to be omniscient. They are not required to report minor leaks or easily fixed cosmetic damage. Appliances or systems within the house that are old, but functional, do not need to be called out.

It should be noted that commercial property sellers are not required to disclose defects in the same way that a residential seller is. However, our attorneys always recommend sellers be transparent about disclosing material defects and that buyers take all the legal steps to determine the condition of the property before signing any sales paperwork.

Contact Pittsburgh’s Real Estate Law Firm

Whether you were the seller or the buyer in a real estate transaction that’s found its way to litigation, our attorneys will help you find the resolution you need. Call us in Wexford at (412) 765-2726 or send us an email to request a free initial consultation.