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Milliken v. Jacono

Pennsylvania Superior Court
60 A.3d 133 (2012)


Janet Milliken (plaintiff) bought a house from Kathleen and Joseph Jacono (defendants). The Jaconos did not disclose that the previous owners died in the house in a murder-suicide. The listing agent researched the issue and determined it did not qualify as a material defect requiring disclosure under Pennsylvania’s Real Estate Disclosure Law (REDSL). Had Milliken investigated the ownership history, she would have discovered the murder/suicide, but she did not learn about it until after moving in. Milliken sued the Jaconos to rescind the purchase and recover her costs. The trial court granted the Jaconos summary judgment, reasoning the murder/suicide was not a material defect they had to disclose under the REDSL and that the intentional nondisclosure did not amount to fraud. Milliken appealed.

Rule of Law


Holding and Reasoning (Elliott, J.)

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