Lower paxton township electrical inspection12/14/2023 Prior to entering into the agreement of sale, the buyer inspected the property several times without the aid of a duly licensed inspector, the opinion said.įurthermore, according to the buyer, as to the then condition of the property at the time, the seller indicated to him that “everything was fine” and that “there was nothing to be concerned with.” In Phelps, the seller owned a 165-year-old single-family home on almost eight acres of land in Lower Paxton Township, Dauphin County, Pennsylvania, the opinion said.Īfter negotiating, the parties in Phelps entered into a written agreement of sale providing that the buyer would first lease the property for six months and, after the lease term expired, the buyer would then purchase the property from the property owner, the opinion said. LEXIS 674 (June 18, 2018) for the first time issued a written opinion as to whether the language of “as is” condition contained within a residential agreement of sale alters the statutory obligation of a seller to disclose material defects regarding the subject property under Pennsylvania’s Real Estate Seller Disclosure Law (RESDL), 68 Pa. The Superior Court of Pennsylvania in Phelps v. In these situations, the property owner will agree to sell the property only if the prospective buyer acquires the property in “as is” condition. In many situations with distressed properties, the property owner wishes to wipe his hands clean of the property.
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