Legal Question in Real Estate Law in Pennsylvania

We made an offer on a house 12/26. We received the Seller disclosure and all other paperwork. In the seller disclosure dated 11/19, the sellers checked the box saying there was no known evidence of mold. They also disclosed 1 roof shingle was replaced but no other roofing issues. They said there were no heating/HVAC issues as well. Both parties went back and forth with offers until we reached an agreement today (12/28). After everything was sent over, but before we sent a check to open escrow, the seller agent forwarded an inspection report to us noting some significant property issues. The seller is being relocated and their company has involved a 3rd party to perform an inspection - which was done 11/3. In that report, the inspector failed the roof due to missing shingles, popped nails, and missing kickout flashing. They also noted moisture and rust in the heating system, water leak signs on the basement wall, possible mold on basement drywall, a notched joist in the basement, and non functional electric wall heaters in the basement were present.
Today we were scheduling an inspection of our own when this information came to us. Shouldn't this have been disclosed in the seller disclosure dated after this report? Does this make the contract void? They tell us now that all repairs were made but we haven't seen the receipts yet and await them. Under the current contract, we have 7 days to make inspections and give them the needed repair bills. It seems to be that this information was conveniently and suspiciously left out. Now we don't know whether to go ahead and pay for an inspection and risk losing the money for inspection if they are not going to work with us legally.

Asked on 12/28/12, 4:17 pm

John Davidson Law Office of John A. Davidson

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{John}

Answered on 12/28/12, 5:35 pm

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