What to Do When Your Dream Home Is a Lemon
The dream of homeownership often begins with a sense of excitement and a vision for the future. You spend months scouring listings in the Pittsburgh area, attending open houses, and finally finding that perfect property. The paint is fresh, the staging is impeccable, and you feel a surge of pride as you sign the closing papers and take the keys. But, for many Pennsylvanians, that dream quickly turns into a financial and emotional nightmare when the first heavy rain reveals a flooded basement or a seasonal change uncovers structural instability that was carefully hidden behind a new layer of drywall.
As an experienced real estate litigation attorney and a licensed real estate broker, I have seen these scenarios play out far too often. I have stood by clients who invested their life savings into a home only to discover that the seller intentionally withheld information about significant problems. In Pennsylvania, the law provides clear protections for buyers in these situations, but navigating the path from discovery to recovery requires a deep understanding of the Real Estate Seller Disclosure Law (RESDL) and the courage to take a case to trial if necessary.
The Legal Foundation: What Sellers Must Tell You
In the Commonwealth of Pennsylvania, the sale of residential real estate is governed by 68 Pa. C.S. § 7301, commonly known as the Real Estate Seller Disclosure Law. This statute was designed to move our legal system away from the old caveat emptor or buyer beware approach that once dominated property transactions. Today, the law places an affirmative duty on the seller to be honest.
I often explain to homebuyers that a seller is not just a passive participant in the disclosure process. They are required to complete a comprehensive property disclosure statement that addresses everything from the age of the roof to the presence of hazardous materials like lead paint or radon. If a seller knows about a material defect, they are legally obligated to disclose it to you before you sign the agreement of sale.
Defining a Material Defect
A common question I hear is: "What counts as a material defect?" Under Pennsylvania law, a material defect is a problem with the residential property that would have a significant adverse impact on its value or that involves an unreasonable risk to the people living there.
It is important to understand that material does not mean perfect. A few scuffs on the floor or a leaky faucet that is easily fixed might not rise to the level of a material defect. That being said, I have litigated cases involving much more serious issues, such as:
- Foundation and Structural Integrity: Cracks in the foundation that have been patched and painted over just before the house went on the market.
- Water Intrusion: Persistent basement flooding or roof leaks that the seller knew about but failed to mention.
- Environmental Hazards: Undisclosed mold infestations or failing septic systems that pose health risks.
- Title and Boundary Issues: Neighborhood disputes or encroachments that interfere with your use and enjoyment of the land.
If you find yourself facing one of these issues, I want you to know that you do not have to simply accept the loss. The law is on your side when a seller chooses deception over transparency.
The Myth of the "As-Is" Clause
Many buyers believe that because they signed a contract with an as-is clause, they have signed away their right to sue. I am here to tell you that this is a dangerous misconception. An as-is clause generally means the seller is not making warranties about the condition of the home, but it does not give them a license to commit fraud.
If a seller knows about a hidden defect and actively conceals it or lies about it on the disclosure form, the as-is clause will not protect them from a lawsuit. I have successfully argued that intentional misrepresentation or the failure to disclose known material defects overrides these boilerplate contract terms. My dual perspective as both a lawyer and a broker allows me to see through the excuses sellers often make and hold them accountable for the truth.
Proving Your Case: The Burden of Evidence
Litigating a non-disclosure case is not just about showing that a defect exists. It is about proving that the seller knew about the defect and chose not to tell you. This is where the skill of a seasoned trial lawyer becomes invaluable. I approach these cases with a meticulous eye for detail, looking for the paper trail of previous repairs or the testimony of neighbors who may have seen the basement flood every spring for the last decade.
When I take on a case at Tarasi & Tarasi, I lead the investigation with the same tenacity that has defined my career in the courtroom. I often work with a network of expert witnesses, including structural engineers, home inspectors, and contractors, to build a compelling narrative. We look for evidence of active concealment, such as a seller who installs new carpeting specifically to hide water damage or a seller who uses quick fix structural patches that are designed to last just long enough for the sale to close. When I represent you, I leave no stone unturned in demonstrating that the seller acted in bad faith.
The Clock is Ticking: The Two-Year Statute of Limitations
One of the most critical facts for these cases is that you do not have an unlimited amount of time to seek justice. Under Pennsylvania Law (68 Pa. C.S. § 7311), a buyer generally has two years from the date of settlement to bring an action for damages.
I have seen many homeowners wait, hoping the seller will do the right thing or trying to fix the issue themselves, only to find that they have waited too long to file a lawsuit. In the current legal landscape, Pennsylvania courts are strict about these deadlines. If you suspect you were lied to, the time to gather evidence and speak with a litigator is now, not after the two-year window has closed.
Legal Remedies and the Potential for Treble Damages
When you sue for non-disclosure in Pennsylvania, there are several legal paths we can take. The most common is a direct claim under the RESDL, which allows you to recover actual damages. This typically includes the cost of repairs and the decrease in the property’s value.
That said, I also explore claims for fraudulent misrepresentation and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). The UTPCPL is a powerful tool because, as affirmed by recent Pennsylvania Supreme Court rulings, it allows a court to award Treble Damages. This means you could receive up to three times your actual financial losses. Additionally, the court may order the seller to pay your attorney fees.
Sellers who engage in deceptive practices should be held to the highest standard. My goal is not just to get you the money needed for repairs, but to ensure you are fully compensated for the stress and financial strain caused by the seller’s dishonesty.
Why You Need a Trial Lawyer on Your Side
Real estate disputes are high-stakes. Your home is likely your most significant investment, and your family’s safety depends on its condition. When that investment is threatened by a seller’s lies, you need more than just a lawyer who can file paperwork. You need an advocate who is comfortable in the courtroom and prepared to go the distance.
I have spent my entire career at Tarasi & Tarasi building on the legacy of legal excellence my father, Louis Tarasi Jr., began in 1974. My name is Beth Tarasi, and over the last 35 years, I have personally handled more than 1,200 cases. I take great pride in being a trial lawyer who truly understands the nuances of the Western Pennsylvania real estate market, bringing that deep well of experience to every homeowner I represent.
Before I ever stepped into a courtroom, I was a Division I scholarship athlete at the University of Pittsburgh. That background taught me the importance of relentless preparation and the drive to win, qualities that define my approach to real estate litigation today. Whether I am negotiating a settlement or presenting a case to a jury, my focus is always on achieving the best possible outcome for my clients. I sat at my father's desk for decades, learning that the secret to winning is outworking the opposition, and I bring that same intensity to your case.
Unlike large, impersonal firms, I am committed to responsive communication. I am the one who answers the phone when you call. I believe in treating my clients like family, which means providing honest advice and aggressive representation. If a seller has wronged you, I will stand by your side to fight for the justice you deserve.
Contact Tarasi & Tarasi Today for a Consultation About Your Case
If you have discovered a major problem with your new home and suspect the seller knew about it, do not wait to take action. In Pennsylvania, there are specific time limits for filing a claim, and the sooner we begin gathering evidence, the stronger your case will be. I invite you to reach out to me to discuss your situation and explore your legal options.
Whether you are dealing with a crumbling foundation, a hidden mold problem, or a seller who flatly lied on their disclosure statement, I am here to help. Let my experience as a trial lawyer and a real estate professional work for you. You can reach my Pittsburgh office by calling 412-883-8904 or by using this contact form to schedule your free consultation. Your home is your sanctuary, and I will fight to make sure it stays that way.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
