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Milliken v. Jacono

103 A.3d 806 (2014)

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Milliken v. Jacono

Pennsylvania Supreme Court
103 A.3d 806 (2014)

Facts

Joseph and Kathleen Jacono (defendants) purchased a house in which a highly publicized murder-suicide had occurred a few months earlier. The Jaconos consulted with various parties—their attorney, their agents at Re/Max Town & Country (defendant), and employees of the Pennsylvania Real Estate Commission—all of which told the Jaconos that the murder-suicide did not constitute a material defect necessitating disclosure. The Jaconos invested in renovating the property and put it up for sale, omitting mention of the murder-suicide in their property-disclosure statement. Janet Milliken (plaintiff) purchased the home and claimed to have learned of the murder-suicide only after moving in. Milliken brought an action to rescind the purchase, arguing that the Jaconos had failed to disclose a material defect. More specifically, Milliken alleged negligent misrepresentation, fraud, and violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). The trial court granted summary judgment in favor of the Jaconos. Milliken appealed to the Pennsylvania Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Eakin, J.)

Concurrence (Todd, J.)

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Real Estate Transactions

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