QUESTION
Could you tell me what the Statute of Limitations is on Material Misrepresentation with regard to a real estate case? Thank you so much.
Asked on Jun 30th, 2017 on Residential Real Estate - Pennsylvania
More details to this question:
I purchased a home in 2013. The real estate listing indicated that the home had an on-site septic system. I have learned that it actually is serviced by a cesspool which is failing, In the words of my Septic Service provider, it should be condemned and will fail, I am pursuing a hook-up to the Municipal Sewer, but understand that it my cost will be $20-$40,000 or more. The prior owner's misrepresentation was material to my purchase and to the price that I paid. I would like to pursue an action against her, but am unsure of the Statute of Limitations, and the viability of any action. Any information that you could provide would be greatly appreciated.
1 ANSWER
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The sales agreement relating to your purchase of the property should be referenced for guidance on this issue. You should have also received a residential property disclosure prior to signing the sales agreement. That might've disclosed matters pertaining to the sewer system. Info in the real estate lisitng is not intended to be comprehensive. Did you have the home inspected before you closed? In the agreement, you may have agreed to not hold parties responsible for misrepresentations or failures to disclose. Assuming for a moment a claim is possible, when did you first learn of the existence of the cesspool vs. septic system? That date is the beginning of the time period w/in which you could sue. The time period is either 2 or 4 years most likley. You should take all the paperwork and more detailed facts to a local attorney for a more in-depth consult in order to get a reliable opinion. In any event, if you sue, you probably will not recover attorneys fees so at best you'll recover the damages net of fees and costs.
Answered on Jul 12th, 2017 at 11:32 AM