Generally, the classic standard is caveat emptor, buyer beware. However, there is always an exception for fraud. One method of proving fraud is if the Sellers Disclosure Statement failed to list the defect. That is the first area of inquiry. Even if it did not, the matter will be determined on whether the seller knew of the defect. If not, the next best argument is mutual mistake.
To claim a breach of contract based on mutual mistake, the mistake must be material to the contract and whether or not leaky windows are material and substantial is a matter for a court to decide. It is certainly worth speaking to an attorney and possibly raising the issue with the sellers to determine if compensation will be made.
I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on Jan 13th, 2022 at 12:21 PM