This situation is all too common in my practice—individuals purchase a home and, afterward, they discover defects with the home that were not disclosed or discovered during the home-purchasing process. The new homeowners have many potential avenues to seek legal redress: their seller, their real estate agent and that of the seller, and their home inspector.
In a ruling handed down by the Pennsylvania Supreme Court in Conway v. Cutler Group, 2014 Pa. LEXIS 2084 (Pa. Aug. 18, 2014), one such avenue of recovery has been eliminated for some purchasers of newly constructed homes—home builders who did not sell the home to the homeowners cannot be sued by second and subsequent purchasers under the theory of the implied warranty of habitability.
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