Buyer agrees that the property is in satisfactory condition and repair. Inspection of Premises-Buyer certifies that he has personally inspected the premises, or has caused it to be inspected in a manner satisfactory to him.The written agreement of sale contained the following “as is” clause: Although Buyer was aware the Seller should provide a disclosure statement under RESDL disclosing any known material defects, he did not find it unusual that Seller did not do so in this transaction. There was nothing to be concerned with.” Phelps, at *1. During his inspections, Buyer asked the Seller, Louis Caperoon, if there were anything he needed to know. Prior to signing the agreement, Buyer personally inspected the property several times but chose not to hire a licensed inspector. Under a written agreement, the parties agreed that Buyer, Nikos Phelps, would lease the property for a six (6) month period before consummating the purchase transaction. The Phelps case involved an agreement of sale for a 165 year-old, two story single family home and several additional buildings (barn, garage, greenhouse) on approximately eight acres of land in Lower Paxton Township, Dauphin County, Pennsylvania. After holding the duty to disclose is mandatory under RESDL, the Court then provided guidance as to how to calculate “actual damages” for violations of the statutory obligation. Super LEXIS 674 (June 18, 2018), the Pennsylvania Superior Court considered for the first time, whether an “as is” clause in an agreement of sale negates a seller’s statutory duty to disclose material defects in residential property under the Real Estate Seller Disclosure Law (“RESDL”), 68 Pa.
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