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Keywords

damagesequity
damagesappellantappellee

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Quashnock v. Frost, 299 Pa.Super. 9, 445 A.2d 121

Facts

In May 1973, Eldred and Jean Frost sold their home to Theodore and Joanne Quashnock without disclosing a known termite infestation. The Frosts had discovered the infestation in January 1971 but did not inform the Quashnocks or the bank representatives who inspected the property. After moving in, the Quashnocks noticed signs of termite damage and later confirmed the infestation, leading them to seek damages for extermination and repairs.

In May of 1973, Eldred and Jean Frost, appellants herein, sold their residence to the appellees, Theodore and Joanne Quashnock. The appellants put their house up for sale because Mr. Frost was about to be transferred to a different location by his employer. The Frosts themselves admitted that they had discovered the termite infestation in January of 1971.

Issue

Whether a vendor of real estate is liable for failing to disclose knowledge of a termite infestation to an unknowing purchaser.

Whether a vendor of real estate is liable for failing to disclose knowledge of a termite infestation to an unknowing purchaser.

Rule

A seller has a duty to disclose conditions that are dangerous to the purchaser, particularly when such conditions are not readily observable upon reasonable inspection.

A seller has a duty to disclose conditions that are dangerous to the purchaser, particularly when such conditions are not readily observable upon reasonable inspection.

Analysis

The court found that the Frosts were aware of the termite infestation and that it constituted a serious and dangerous condition. The evidence indicated that the infestation was not readily observable to the Quashnocks or the bank inspectors, and thus the Frosts had a duty to disclose this information. The court emphasized that justice, equity, and fair dealing required the sellers to inform the buyers of the infestation, regardless of the buyers' failure to inquire.

The court found that the Frosts were aware of the termite infestation and that it constituted a serious and dangerous condition. The evidence indicated that the infestation was not readily observable to the Quashnocks or the bank inspectors, and thus the Frosts had a duty to disclose this information.

Conclusion

The court affirmed the lower court's judgment, holding the Frosts liable for failing to disclose the termite infestation and awarding damages to the Quashnocks.

The court affirmed the lower court's judgment, holding the Frosts liable for failing to disclose the termite infestation and awarding damages to the Quashnocks.

Who won?

The Quashnocks prevailed in the case because the court found that the Frosts had a duty to disclose the termite infestation, which they failed to do.

The Quashnocks prevailed in the case because the court found that the Frosts had a duty to disclose the termite infestation, which they failed to do.

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