Milliken v. Jacono

I concur with the majority that the Superior Court’s order-must be affirmed, as I conclude the occurrence of a murder or suicide in a house does not constitute a material defect in the property under the Real Estate Seller Disclosure Law (“RESDL”), 68 Pa.C.S.A. §§ 7301 et seq. Therefore, I agree that Appellant failed to state a claim against Appellees for fraud, negligent misrepresentation, or violations of the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 P.S. § 2Q‘l-2(4)(xxi). I write separately to explain the legal basis for my conclusion.

In order to prevail on a claim…