Case Results

Under Pennsylvania law, real estate sellers must disclose all latent defects, meaning those that can’t be seen or readily found in an inspection. If a buyer can show the seller knew of such defects and failed to disclose them, they can bring an action for damages.

Attorney Michael Fienman’s client was accused of failing to disclose such a defect in a recent real estate transaction. Although the cost to fix the defect was around $20,000, if successful in an action could result in treble damages, meaning three times the cost of repair, and attorney fees.

Attorney Fienman negotiated a settlement for the $20,000 cost of repair and saved the seller tens of thousands of dollars. The buyers were happy too because they just wanted to be reimbursed for the out-of-pocket expense of the repair.