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A Pennsylvania woman is appealing a lower court’s decision to the state’s over a and agent who she says failed to disclose to her that a murder-suicide that had taken place in the home that she had bought.

purchased the home in Thornton, Pa., for $610,000 in June 2007. A few weeks later after moving in, she learned that a murder-suicide had taken place in the home the year before.

Milliken sued the seller and real estate agent for fraud and misrepresentation. But a trial judge said that under the state’s laws the seller and agent were not required to disclose what had happened. In December 2012, a state appeals court affirmed that decision as well.

Milliken filed a petition to the Supreme Court of Pennsylvania last week to try to argue the case further.

“[We] hope to have Pennsylvania recognize that having a horrific event occur within a can be just as damaging and troubling to a future home owner as a physical defect, or perhaps even more so,” says , Milliken’s attorney. “Having a gunshot murder-suicide within the home is much more devastating than having a small leak concealed by the previous home owner. Physical defects can be fixed. Troubling events that could and did occur in this home could never go away.”

However, , the attorney for the home sellers and their RE/MAX real estate agent, says that the state does not require such disclosures and has long held that decision. “The majority, en banc [full-court] opinion of the was well reasoned and consistent with years of industry practice in Pennsylvania,” Reich says.


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