Glover v. Deem

74 Pa. D. & C.4th 175, 2005 Pa. Dist. & Cnty. Dec. LEXIS 100
CourtPennsylvania Court of Common Pleas, Washington County
DecidedAugust 23, 2005
Docketno. 2003-2683
StatusPublished

This text of 74 Pa. D. & C.4th 175 (Glover v. Deem) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Washington County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glover v. Deem, 74 Pa. D. & C.4th 175, 2005 Pa. Dist. & Cnty. Dec. LEXIS 100 (Pa. Super. Ct. 2005).

Opinion

MOSCHETTA, J,

FINDINGS OF FACT

After a non-jury trial in the above captioned matter, the court makes the following findings of fact:

(1) Plaintiffs, John D. Glover and Linda A. Glover, are adult individuals and husband and wife, residing át 2168 E. National Pike, Scenery Hill, PA 15360.
(2) Defendants, Thomas R. Deem and Laurie A. Deem, are adult individuals and husband and wife, currently residing at 355 Amos, Scenery Hill, PA 15360.
(3) On or about September 7, 2001, the parties entered into a written agreement of sale dated August 26, 2001 for the purchase and sale of the real estate and premises located at 2168 E. National Pike, Scenery Hill, PA 15360, whereby the Glovers agreed to.purchase, and the Deems agreed to sell, the subject premises for $95,000.
(4) Prior to executing the agreement, the Deems executed a seller disclosure statement dated August 4,2001.
(5) The Glovers believed that the information provided in the narrative was contained in the disclosure, furnished [177]*177by the Deems to their realtor for review and consideration by prospective purchasers, including the Glovers.
(6) Pursuant to the disclosure, the Deems affirmatively represented:
(a) the property was serviced by an individual on-lot system;
(b) a newer leach bed was apparently installed in 1993;
(d) the Deems answered “no” to the question, “Are you aware of any leaks, backups or other problems relating to any of the plumbing, water and sewage-related items?”
(7) The Deems did not experience any septic system problems while residing at 2168 E. National Pike.
(8) The Deems affirmatively represented that, “The septic leach field had also been recently improved.” Also, in the disclosure statement, in response to the question, “[w]hen was the septic system, holding tank or cesspool last serviced?” the Deems answered, “October 2000, new leach bed.”
(9) The Deems installed a new leach field at 2168 E. National Pike in 1993, however, they did so without securing the requisite Department of Environmental Protection permits.
(10) The agreement contains no specific reference to an on-site sewage disposal system; it merely references an “individual on-lot sewage disposal inspection contingency.”
(11) Notwithstanding the lack of specific reference in the agreement, the Deems represented to the Glovers that an adequate on-lot system and a new leach bed serviced the property.
[178]*178(12) The Glovers promptly pursued a septic dye test on September 7, 2001, the results of which ostensibly concluded that the septic system was working properly on that date and at that time, under apparently warm and dry conditions. However, the report went on to note:
“Since any historic information of the septic system was not available, I must assume that the system was functioning properly on the day of the inspection . . . This test is a check of the septic system to see if there is a dye breakout on the day of the test only. It is assumed by Essential Home Inspections, and also the person performing the septic test, that the property has a proper septic tank and leach field. Essential Home Inspections and the person performing the septic test cannot be held responsible for septic systems that drain into hidden areas or underground and could not have been seen during the septic test.”
(13) The Glovers moved into the house at 2168 E. National Pike on October 19, 2001.
(14) The septic system worked properly between October 19, 2001 and mid-2002.
(15) Subsequently, in June 2002, it suffered complete drain field failure.
(16) After the septic system failed, the septic tanks required weekly pumpings which were performed between June 18,2002 and November 5, 2002 at a cost of $90 per pumping.
(17) These pumpings remained necessary until a large permanent holding tank was installed on the property.
(18) The tanks were pumped 21 times for a total cost of $1,890.
[179]*179(19) The Glovers installed a new 3,900 gallon septic tank system in November of 2002 at a cost of $7,895.
(20) The new 3,900 gallon tank installed needs to be pumped approximately once a month at a cost of $280 per pumping.
(21) As of July 2005, the total cost of pumping the holding tank has been $8,880.
(22) The Glovers will be required to pump the holding tank on a monthly basis until the township has a public sewage system in place.

CONCLUSIONS OF LAW

(1) Both parties filed “findings of fact and conclusions of law briefs” with the court prior to trial. In their briefs, the parties contemplate the admissibility of parol evidence to show the purchaser plaintiffs’ justifiable reliance on the defendant sellers’ representations regarding the septic system at 2168 E. National Pike.

(2) The admissibility of the parol evidence is at issue in this case because the signed agreement contained integration and release provisions stating that the written agreement comprised the entire agreement between the parties, and that there were no other terms or conditions, oral or otherwise, pertaining to the sale of the property.

(3) The purpose of the parol evidence rule is to preserve the integrity of written agreements by prohibiting the contracting parties from altering the import of their contract through the use of contemporaneous or prior oral declarations. LeDonne v. Kessler, 256 Pa. Super. 280, 286, 389 A.2d 1123, 1126 (1978).

(4) The Real Estate Seller Disclosure Law, enacted December 20,2000, involves residential real estate transactions. 68 Pa.C.S. §7302.

[180]*180(5) The Disclosure Law applies to this case, which involves the sale of a residential home.

(6) The Disclosure Law states that any seller who negligently violates or fails to perform his or her duties under the law “shall be liable to the buyer as a result of a violation of this chapter.” 68Pa.C.S. §7311.

(7) Prior to the enactment of the Disclosure Law, a line of cases following LeDonne permitted the admission of parol evidence, such as, oral representations, into evidence to support claims of fraudulent or negligent misrepresentation in real estate transactions. See 1726 Cherry Street Partnership v. Bell Atlantic Properties Inc., 439 Pa. Super. 141,653 A.2d 663 (1995); Myers v. McHenry, 398 Pa. Super. 100, 580 A.2d 860 (1990); Mancini v. Morrow, 312 Pa. Super. 192,

Related

Myers v. McHenry
580 A.2d 860 (Supreme Court of Pennsylvania, 1990)
Bortz v. Noon
729 A.2d 555 (Supreme Court of Pennsylvania, 1999)
1726 Cherry Street Partnership v. Bell Atlantic Properties, Inc.
653 A.2d 663 (Superior Court of Pennsylvania, 1995)
Skurnowicz v. Lucci
798 A.2d 788 (Superior Court of Pennsylvania, 2002)
LeDonne v. Kessler
389 A.2d 1123 (Superior Court of Pennsylvania, 1978)
Mancini v. Morrow
458 A.2d 580 (Superior Court of Pennsylvania, 1983)
Blumenstock v. Gibson
811 A.2d 1029 (Superior Court of Pennsylvania, 2002)

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Bluebook (online)
74 Pa. D. & C.4th 175, 2005 Pa. Dist. & Cnty. Dec. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-deem-pactcomplwashin-2005.