How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9129
Experience:  Since 1983
9653905
Type Your Real Estate Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

I purchased a property advertised as having a stream on the

Customer Question

I purchased a property advertised as having a stream on the property
I viewed the property with real estate agent several times and asked if the property did include the steam I was told yes and it is on the settlement sheet.
Two to Three months later I hired a landscaper to clear the dead trees and flood debri from stream Person across the stream came out and in very nasty terms threatened me with a law suit for damaging his property.
The land and stream was on his PROPERTY Agent admitted mistake but reassured me the would secure a easement or buy the extra property to make it right. They also assured me they would handle any liabilities that resulted but will not give me a written intent on any of the remedies
Owners rejected offers Now agent will not answer my request or send written notice on the matter, and I am stuck with two properties as they told me not to move until matter was settled. I was not told the listing agent representing sellers is from the same brokerage firm and the agent who represented me purchasing the property. The in house attorney inspected my property held several meeting with me is a family member of the listing agent. I was not aware of this until recently, I had several meetings with him I feel he was only gathering information to use against me and in favor of his family member who incorrectly listed the property.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
It was also brought to my attention the pool house with a bathroom is in violation of township law and the community law on the building and sewer system. Property was advertised as having a lovely pool house with changing room and bathroom. The HVAC did not work days after settlement and had to be replaced at a cost of fourteen thousand dollars. I had started renovations but stopped when I was told not to move in yet and now I am stuck and do not have a clue Agents were both from the same broker Firm I was never asked for consent that this was acceptable to me.
Expert:  N Cal Attorney replied 1 year ago.
I am sorry to hear this.
You definitely need to consult a local attorney.
It sounds like the seller and the broker committed fraud. The usual remedy is to either sue to rescind the purchase, or to sue for damages for the difference in the value of the property as is and the value it would have if it included the stream.
You can get a free consultation from some of the real estate attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/real-estate-law/Pennsylvania
Please follow up on this with a local attorney immediately.
I hope this information is helpful.
I just read your most recent post and my answer remains the same, although your damages are higher than I expected when I first wrote the above.
Customer: replied 1 year ago.
I would not have purchased this property if I knew it did not have a steam the special feature I was looking to own. I paid over half million in cash I feel the agents did know prior to settlement but knew I had cash. everyone with homes in the area had the knowledge I feel they tried to cover up with the easement purchase theme but it did not work out This cost so much time and money / How do you determine the value of a special feature you thought you had purchased / Are two agents from the same real estate brokerage company allowed to represent both parties in a real estate sale in Pennslavania without disclosing this fact and receiving consent from both parties. In a matter such as this who's interest do they represent. Should the in house attorney a family member of the listing agent scheduled meetings with me, walked my property took pictures had the property professionally surveyed all without my permission then months later after verbal promises tells me to get counsel and will not communicate with me unless I have a attorney
Customer: replied 1 year ago.
I need to get legal answers on the dual agent matter as I have been told this is a legal requirement in Pennslvania when a real estate company is representing both buyer and seller that consent must be given by both to continue with the transaction to avoid conflicts of interest.
Is it a requirement under Pa. real-estate law that violations of township laws must be disclosed to the buyer prior to the sale as buyer will be responsible to correct or remove violated items from the property.
Are major property flaws such as faulty heating and HVAC systems also to be disclosed.
Expert:  N Cal Attorney replied 1 year ago.
Yes, PA requires written consent to a dual agency in a real estate transaction, see
http://www.parealtor.org/clientuploads/Legal/LawsRegs/AgencyDisclosureOverview.pdf
A seller is required to disclose known defects.
You can sue for rescission of the contract and damages for the fraud in the same case, nut you really need a local attorney to assist you.