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Pa. Homeowner Sues Seller Over Home's Bloody Past
abc/yahoo ^ | January 28, 2013 | SUSANNA KIM

Posted on 01/28/2013 6:14:25 PM PST by lowbridge

A Pennsylvania woman has appealed to the state Supreme Court in her suit against a home seller and real estate agent who failed to disclose that a murder-suicide had taken place in the home she purchased.

When Janet Milliken, 59, moved from California after her husband died, she had hoped to start a new life with her two teenage children in Pennsylvania near her family.

She bought a home in Thornton, Pa., for $610,000 in June 2007. She learned a few weeks after she moved in from a next-door neighbor that a murder-suicide had occurred the year before in her home.

She sued the seller and the real estate agent for fraud and misrepresentation, saying they made a "deliberate choice not to disclose the home's recent past," according to a court document.

The trial judge granted summary judgment in favor of the defendants, saying state law does not require agents to disclose such events.

Then in December 2012, a panel of the state appeals court affirmed that decision, though with a nearly split decision.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; US: Pennsylvania
KEYWORDS: pennsylvania
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1 posted on 01/28/2013 6:14:34 PM PST by lowbridge
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To: lowbridge

This house isn’t far from me. I think it involved a gay man who murdered a youngish guy from out West.


2 posted on 01/28/2013 6:19:18 PM PST by Amberdawn
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To: lowbridge

I would think it is a material fact about the property that needs to be disclosed since it affects subsequent resale value.

I am surprised it has been so close and gone so far.


3 posted on 01/28/2013 6:19:31 PM PST by freedumb2003 (I learned everything I needed to know about racism from Colin Powell)
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To: lowbridge
I don't want to know the details of what happened in this house, either, but it's been in the family longer than I have... Who do I sue?

BTW, I sleep just fine on a bed where two people died in their sleep. I'm hoping for the same luck.

/johnny

4 posted on 01/28/2013 6:20:08 PM PST by JRandomFreeper (Gone Galt)
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To: lowbridge

They shouldn’t dwell on it.


5 posted on 01/28/2013 6:20:08 PM PST by P.O.E. (Pray for America)
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To: lowbridge

I bought a car from a friend one time and for some reason it creeped me out when I drove it at night, like someone nefarious was riding in the back seat. I was casually talking to the friend I bought it from and he told me that he had gotten the car from a buddy who had just refurbished it. “Why?” I asked. “Oh, some guy committed suicide in it and they had to replace the headliner and all of the upholstery.” Yeah, I got rid of it soon after that conversation.


6 posted on 01/28/2013 6:22:33 PM PST by Slyfox (The key to Marxism is medicine - Vladimir Lenin)
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To: lowbridge

I think I would want to know this information before buying a house.


7 posted on 01/28/2013 6:22:33 PM PST by Ditter
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To: freedumb2003

Depending on the state, real estate agents are forbidden by law from disclosing this. These also applies to homes where HIV Aids people died. Can’t discuss race of owners either.


8 posted on 01/28/2013 6:23:12 PM PST by Average Al
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To: lowbridge

can’t see where it has any bearing on the value of the property unless the bodies were hidden in the waklls or ceiling.


9 posted on 01/28/2013 6:23:32 PM PST by dalereed
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To: lowbridge

Too many “new age” idiots watching the Amityville Horror.

A house in the 600K range? Gotta be a hellova house!

Get a Priest to drench the place in holy water, then make peace with the ghosts.

Who knows, maybe you’ll find Beetlejuice running around!

Sheesh.


10 posted on 01/28/2013 6:26:29 PM PST by ConradofMontferrat (According to mudslimz, my handle is a HATE CRIME. And I HOPE they don't like it.)
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To: dalereed

Me either. Don’t ask, don’t tell. Who cares?
Obviously some people do but they probably care about a bunch of other unimportant stuff, too.


11 posted on 01/28/2013 6:27:40 PM PST by Past Your Eyes (You knew the job was dangerous when you took it.)
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To: Average Al

Depending on the state, real estate agents are required by law to disclose this.


12 posted on 01/28/2013 6:28:31 PM PST by thackney (life is fragile, handle with prayer)
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To: P.O.E.

well played


13 posted on 01/28/2013 6:30:53 PM PST by digger48
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To: JRandomFreeper

***I sleep just fine on a bed where two people died in their sleep.***

Things like that don’t bother me. I knew a family who bought an old mortuary and turned it into a house. The oldest son loved to sleep above the spot where the cadavers were embalmed.


14 posted on 01/28/2013 6:31:50 PM PST by Ruy Dias de Bivar (Click my name! See new paintings!)
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To: JRandomFreeper

“I sleep just fine on a bed where two people died in their sleep. I’m hoping for the same luck.”

I wanna die in my sleep just like ol’ granddad. Not screaming and crying like the passengers in his car.

;)


15 posted on 01/28/2013 6:32:00 PM PST by Norm Lenhart
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To: Average Al

they aren’t telling people around here that there’s going to be a bunch of 450 foot windmills within 1250 feet of the home, that are going up in the coming months.


16 posted on 01/28/2013 6:34:14 PM PST by digger48
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To: thackney

Check your state..........


17 posted on 01/28/2013 6:34:30 PM PST by Average Al
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To: Slyfox
Yeah, I got rid of it soon after that conversation.

did you tell the new buyer about the suicide? btw--my sister was doing business with a small graphics firm... she went to their "new" building... the two young owners excitedly gave her a tour... as she went from office to office, she felt a creepy oppressiveness, and could not understand why... later that day she found out that the building used to house Planned Parenthood--where they performed abortions... the weird thing to me is, my sister is very much pro-abortion... and she felt the ugliness that lingered there...

18 posted on 01/28/2013 6:35:08 PM PST by latina4dubya ( self-proclaimed tequila snob)
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To: lowbridge

Good luck with that.


19 posted on 01/28/2013 6:36:04 PM PST by Southern Partisan
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To: lowbridge

the farmhouses around here were built in the late 1800s.

hard to find one that somebody didn’t die in at some time.


20 posted on 01/28/2013 6:36:04 PM PST by digger48
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To: Norm Lenhart

One of my favorite lines!

“I sleep just fine on a bed where two people died in their sleep. I’m hoping for the same luck.”

I wanna die in my sleep just like ol’ granddad. Not screaming and crying like the passengers in his car.


21 posted on 01/28/2013 6:37:42 PM PST by 23 Everest (When seconds count. The police are just 23 minutes away. 831 Bonnie)
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To: lowbridge

A friend of mine lived in a house across the street from a disclosed suicide house that sat on the market for over a year (22 years ago) and sold for $65,000. Similar houses on the street were going for $100,000 at the time.


22 posted on 01/28/2013 6:37:53 PM PST by Rebelbase ( .223, .224, whatever it takes....)
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To: Ruy Dias de Bivar
I've got a photograph, taken in this house, of an old fashioned wooden coffin, held up by 2 chairs. I can even identify the window frame behind it (of course, the window frame didn't have my initials in it back then).

I'm just one more soul passing through this part of the world, and this house.

I am very glad the walls can't talk, based on some of the stuff that's gone on since I've lived here. ;)

/johnny

23 posted on 01/28/2013 6:39:19 PM PST by JRandomFreeper (Gone Galt)
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To: freedumb2003
I would think it is a material fact about the property that needs to be disclosed since it affects subsequent resale value.

Different states have different laws regarding "disclosure".some are "mandatory disclosure" and some aren't.Massachusetts isn't mandatory disclosure according to the lawyer who's represented me in several real estate transactions.According to what he told me the owner,in this case,would have been required to divulge *only* if specifically asked "has anything violent or newsworthy ever happened in this house?"

24 posted on 01/28/2013 6:39:57 PM PST by Gay State Conservative ("Progressives" toss the word "racist" around like chimps toss their feces)
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To: 23 Everest

Well it sure wasn’t the favorite of the passengers in granps’ car! ;)


25 posted on 01/28/2013 6:40:50 PM PST by Norm Lenhart
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To: ConradofMontferrat

Yes! A holy priest offering a very powerful house blessing is all this lady needed.


26 posted on 01/28/2013 6:41:24 PM PST by surroundedbyblue (I once saw a movie where only the police & military had guns. It was called "Schindler's List")
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To: lowbridge

I wonder if she’d be suing if she hadn’t bought at the peak of the housing bubble? What an idiot.


27 posted on 01/28/2013 6:42:30 PM PST by BobL
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To: Norm Lenhart

You’re bad!

LOL!


28 posted on 01/28/2013 6:43:23 PM PST by basil (basil)
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To: thackney
Saw a news report about disclosure and they said that California sellers are required to inform buyers if somebody died in a house for any reason but one. Can anybody tell me what cause of death doesn't have to be disclosed to a potential buyer?
29 posted on 01/28/2013 6:43:23 PM PST by Hillarys Gate Cult (Liberals make unrealistic demands on reality and reality doesn't oblige them.)
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To: Norm Lenhart
I just don't want to die trying to climb out of a bathroom window, with someone holding me back by the family jewels, and me hearing the 'tic, tic, tic' of him trying to open that pocket knife with his free hand and his teeth....

Of course, I avoid married women since I'm older and wiser, now.

/johnny

30 posted on 01/28/2013 6:44:22 PM PST by JRandomFreeper (Gone Galt)
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To: dalereed
unless the bodies were hidden in the waklls or ceiling.

ha! i saw a movie just like that... Virgina Madsen was in it... The Haunting in Connecticut, i think...

31 posted on 01/28/2013 6:44:22 PM PST by latina4dubya ( self-proclaimed tequila snob)
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To: JRandomFreeper

Wait a sec...

THAT WAS YOU!?!?!?!?!?!?!


32 posted on 01/28/2013 6:49:58 PM PST by Norm Lenhart
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To: ConradofMontferrat

My worthless brother-in-law (If you know him he probably owes you money)rented a house near here.

After they left the house was moved, and underneath they found the skeleton of a black woman. A quick check of renters showed that about 75 years ago it was rented by a doctor, and the skeleton was a display for his office.

Nothing weird ever happened there, but I was sure glad when my BIL moved a thousand miles away!


33 posted on 01/28/2013 6:49:58 PM PST by Ruy Dias de Bivar (Click my name! See new paintings!)
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To: Average Al

I don’t think it is in Texas, but in Alaska it was if it occurred in the last three years. It was one the standard form.

http://www.dced.state.ak.us/occ/pub/rec4229.pdf


34 posted on 01/28/2013 6:51:49 PM PST by thackney (life is fragile, handle with prayer)
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To: Average Al

calyfornia I beleive you have to disclose a death if within 3 years of sale or listing


35 posted on 01/28/2013 6:52:55 PM PST by rolling_stone
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To: Norm Lenhart
Small world

/johnny

36 posted on 01/28/2013 6:53:35 PM PST by JRandomFreeper (Gone Galt)
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To: Hillarys Gate Cult
Can anybody tell me what cause of death doesn't have to be disclosed to a potential buyer?

Just guessing...violent or suspicious deaths,perhaps,must be reported and "natural causes" deaths not.For example...my Mom died in the house that was our family homestead.She died of natural causes (cancer) and was sent home after all hope of a cure was gone.I'd guess that *that* type of death,at least,needn't be reported.

37 posted on 01/28/2013 6:54:58 PM PST by Gay State Conservative ("Progressives" toss the word "racist" around like chimps toss their feces)
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To: JRandomFreeper

It’s actually funny in a way, how people ‘forget’ history. I grew up in the Adirondacks in NY and there were mostly old houses passed down family to family up there. It was pretty common for wakes to be held in the deceased’s home throughout much of history. Hell, the Vikings did it.

But today, a dead body is considered a hazmat issue 2 seconds after the dude shuffles off the mortal coil and the genpub thinks he’s gonna haunt the place eternally.
We are sooo much more enlightened today...


38 posted on 01/28/2013 6:56:13 PM PST by Norm Lenhart
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To: rolling_stone
you have to disclose a death if within 3 years of sale or listing

Yeah, but in California, you can say 'It's not a bug, it's a feature'...

/johnny

39 posted on 01/28/2013 6:56:30 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

So the wife said.......

;)


40 posted on 01/28/2013 6:57:53 PM PST by Norm Lenhart
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To: Average Al

Cal requires death disclosure for past five years prior to sale.

However, cannot disclose aids as cause.


41 posted on 01/28/2013 6:59:30 PM PST by morphing libertarian
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To: JRandomFreeper

JR,
I suspect it will be the kitchen or the computer room for you. God willing.., I vote the kitchen.


42 posted on 01/28/2013 7:00:02 PM PST by outofsalt ("If History teaches us anything it's that history rarely teaches us anything")
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To: Norm Lenhart
My future use coffin is stored on a top shelf in the shop, and it's full of ham radio antenna stuff.

When I got hurt so bad in 2009, the kids took it down. They didn't dust it, didn't put it back up when I lived through it... They complained that it didn't have handles.

I told 'em that I'm a PITA now, I expect I'll be a PITA when I'm dead. ;)

/johnny

43 posted on 01/28/2013 7:01:15 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

” BTW, I sleep just fine on a bed where two people died in their sleep. I’m hoping for the same luck.”

Let’s hope you’re not driving at the time


44 posted on 01/28/2013 7:01:24 PM PST by Figment
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To: Gay State Conservative; rolling_stone

Forgot about the 3 year thing. In Ca. you don’t have to disclose if the person died of AIDS. Isn’t that special.


45 posted on 01/28/2013 7:01:50 PM PST by Hillarys Gate Cult (Liberals make unrealistic demands on reality and reality doesn't oblige them.)
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To: freedumb2003

That’s what I thought too but apparently not in PA.

http://readingeagle.com/mobile/article.aspx?id=443373

I blame the Amish.


46 posted on 01/28/2013 7:01:50 PM PST by tumblindice (America's founding fathers: All armed conservatives.)
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To: morphing libertarian

You got it. Is it 3 or 5 years for disclosure in Ca ?


47 posted on 01/28/2013 7:03:40 PM PST by Hillarys Gate Cult (Liberals make unrealistic demands on reality and reality doesn't oblige them.)
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To: morphing libertarian

What I want disclosed is if a witness in a capital or life trial lived in the house.


48 posted on 01/28/2013 7:03:57 PM PST by morphing libertarian
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To: Hillarys Gate Cult

I’d have to pull the form. Not nearby


49 posted on 01/28/2013 7:05:36 PM PST by morphing libertarian
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To: JRandomFreeper

I often tell my daughter that my revenge for her terrible twos will occur upon onset of becoming old and feeble. And I have a lot to be vengeful for....

It should be the goal of every parent to become a burden on their children. Just as payback ;)


50 posted on 01/28/2013 7:05:44 PM PST by Norm Lenhart
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