A material defect is a problem that significantly reduces the property’s value or poses an unreasonable risk to those living there. (68 Pa. Cons. Stat. Ann. § 7102) For example, a scratch on the wall is unlikely to affect your home’s value significantly. On the other hand, recurring basement flooding, structural issues, or the use of substandard materials that fail to meet contractual promises would likely qualify as material defects.

Responsibility for material defects can fall on the seller, realtor, or contractor, depending on the circumstances. Sellers and their agents are required to disclose all material defects they know or should reasonably know about under the Real Estate Seller Disclosure Law. Failing to do so may make them liable. If a contractor’s negligence, recklessness, or intentional actions caused or left defects unresolved, they may also be held responsible. We can help determine who is liable based on the specifics of your case.

Not necessarily. Waiving an inspection does not absolve the seller of their duty to disclose known material defects. For example, if a seller knew the basement flooded during rainstorms, used dehumidifiers to dry the area, and repainted to hide water stains before listing the home on the market—without disclosing the issue—they could still be held liable. In such cases, you may be entitled to recover up to three times your repair costs, along with interest and attorneys’ fees.

Litigation costs vary based on the complexity of the case and the fee arrangement with your attorney. Our firm often offers contingency fee arrangements, meaning you pay no attorney fees unless we win your case. If we win, we take a percentage of the recovery. However, some costs, like filing fees and expert witness expenses, must be paid upfront regardless of the outcome. This arrangement minimizes your financial risk while allowing you to pursue your claims.

The damages you can recover depend on the extent of the defects and applicable laws. Your damages may range from repair costs or diminution in market value, to three times your actual damages, plus attorneys’ fees, costs, and interest. We’ve successfully handled cases where courts awarded all repair costs, doubled or tripled them under the UTPCPL, and added attorneys’ fees, costs, and interest.

In Pennsylvania, the time limits for filing a lawsuit depend on the type of claim:

• Torts (e.g., negligence): 2 years from the date of the incident
• Breach of contract: 4 years from the date of the breach
• UTPCPL claims: 6 years from the date of wrongdoing

Not yet. Accepting payment could be seen as settling all your claims, even if the payment only covers part of the repairs. Before accepting any offer, contact us to we can evaluate your claims, assess the potential recovery, and discuss the best course of action.