Legal Question in Real Estate Law in Pennsylvania

I purchased a property that was advertised publicly and having a stream. I was looking specifically to purchase a property with a stream. three months after settlement when landscapers were clearing flood debris from the stream area, neighbors from across the stream informed me the stream was on their property and I had caused damage to their property and would be liable.

Fact turned out that the stream did belong to the adjoining property and was not on the property I purchased.

I would not have purchased the property if it did not have the stream. I relied on the facts of the published advertisement and the representation of the real estate agent current real estate company. The real estate agent admitted they made a grave error but would make it right and to get an easement so that I would have right to enjoy the stream.

I had not moved in yet as I wanted start renovations I didn't want to start renovations until I knew I would have rights or on the stream before we moved. I was told to just wait and they would work on easement matter and to just wait before I made a move several excuses for the amount of time this was taking I was incurring the expense of keeping two properties. Four + months went by I was given notice the easement was not possible but not to worry they would make it right by purchasing the extra land with the stream . I gave several notices I was very worried about the amount of money I was using to keep both properties. more than four more months went past again before I was told the property owners had no intentions of selling rights to the stream. . This is a big big property the length of the stream it's almost a quarter acre that I was shorted. I believied and relied on the promises given by the real estate company and agent the of making the situation right I incurred many expenses keeping both properties for a year and now owe taxes on those properties

I was bluntly told by the real estate company to retain an attorney I was told this after waiting a year. I incurred incurring time and expense I am a single mom I relied on the information published by the brokerage company the property had a stream I relied on information there would be an easement forthcoming with no problem. I relied on and believed the information they would buy the stream out right Can I use the length of time that nothing was accomplished

A whole year had gone by and the property does not have the stream it advertised. I will add I was not told that both agents worked for the same real estate brokerag company. The company was acting as a double agent I did not sign or consent to a dual agent. the in-house attorney at the firm is a family member of the listing agent , the in-house attorney met with me, came to my property he had my property surveyed he had several meetings with me under the guise that he was the in-house attorney for the agency I feel this was a conflict of interest just to gather information to run defense. I should have been told that both agents worked for the same company. the attorney for the company should come to my property inspected my property questioned me without an attorney present to look after my interest I assumed he was in-house counsel in providing me with legal help. me I do not have counsel with me during those meetings and I did not authorize anyone to survey or take pictures of my property my questions go unanswered whether the previous owners are aware where of the situation. I think the previous owners which shed light on the fact that there was awareness the stream was not on the property in the first place I have spoken with other neighbors and everyone seems to be aware the fact that that stream was not on that property I never receive an answer on how or why the property was listed as having the stream I continually asked this question and do not receive an answer. how do I afford an attorney after keeping both these properties or is that what they were trying to achieve at the end of the day. this company is one of the largest real estate companies in the United States I cannot believe they would not have had the knowledge of correctly representing the property and quickly fixing and remedying the error they have every resource at their fingertips I honestly paid them full purchase price in cash over quarter of $1 million dollars for this property.


Asked on 8/15/15, 12:25 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

This is why it is important to have an attorney represent you in the purchase of a property. An attorney should have ordered a survey to make sure where the boundaries of the property were and what was included within the boundaries and what was not. Realtors do not act as legal representatives of the buyer or the seller, they are representing the Real Estate Broker, and if there is a lawyer for the Brokerage, that lawyer represents the Brokerage, not the buyer or the seller. You may have been given a document as part of the Agreement of Sale called a "dual agency" disclosure, if both the seller's and the buyer's Realtors worked for the same agency; this is not uncommon these days. Because you signed many documents, you may not have read them carefully.

Rather than looking to a public bulletin board like this one now, you should be consulting a local real estate lawyer to see what your options are. If lots of time has passed, you may be losing whatever rights you have under statutes of limitation. So don't let more time go by.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/15/15, 2:55 pm


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