A Pennsylvania couple’s claim that a realtor negligently misrepresented the condition of the septic system of a house they purchased has survived preliminary objections following a Lawrence County judge’s ruling.
Prudential Preferred Realty had argued on preliminary objections that language in the standard agreement of the sale of real estate barred recovery for a negligence claim, but Court of Common Pleas Judge J. Craig Cox said Pennsylvania law protects consumers from a seller’s use of a contract’s integration clause as a liability shield where defective conditions aren’t “readily ascertainable from routine inspection.”
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