Homebuyer appeals to PA Supreme Court on murder-suicide disclosure

On December 26, 2012, the Superior Court, en banc, ruled that “a murder/suicide . . . does not constitute a material defect to real estate such that a seller must disclose that fact under theories of liability predicated on the RESDL (Real Estate Seller Disclosure Law), fraud, negligent misrepresentation, and the UTPCPL (Unfair Trade Practice and Consumer Protection Law) . . .” The real estate community took comfort in the certainty provided by the decision reached in this case,  Milliken v. Jacono.

To the extent there was a downside to the Superior Court’s decision, it was that three of the nine judges dissented. This dissent, which was published as part of the decision, offered a toe hold, a glimmer of hope to the aggrieved buyer, who is seeking to change the law.

On January 22, 2013, the aggrieved buyer filed her Petition for Allowance of Appeal with the Pennsylvania Supreme Court. An appeal to the Supreme Court is not automatic. It is with in the court’s discretion to allow or deny the appeal. What this means is that we may not have heard the last word. Stay tuned and continue to monitor PARJustListed where we will inform you of the Supreme Court’s decision as it is announced.

James L. Goldsmith and Brett M. Woodburn are attorneys with Caldwell & Kearns, P.C. and serve as General Counsel to the Pennsylvania Association of Realtors. A substantial portion of their practices are dedicated to providing advice and counsel to various state and local associations on all matters including risk reduction, risk management, employee and employment matters and policy review and implementation. They also routinely counsel employers on employee relations issues. Mr. Goldsmith may be reached at [email protected] and Mr. Woodburn may be reached at [email protected].