Discussion:
Janet S. Milliken purchased a home from Kathleen and Joseph Jacono through ReMax agents Fran Day and Thomas O Neil. Neither the sellers nor their agents dis-closed to Ms. Milliken that the prior owners of the house, a husband and wife, had been involved in a murder/suicide on the property. Ms. Milliken filed suit against the Jaconos as well as their real estate agent to have the sale set aside. Ms. Milliken said that she and her family had experienced paranormal events since moving into the home. Ms. Milliken was aware that the Jaconos had purchased their home from an estate, but did not ask any questions about why the home was held by an estate and not by individual owners. The Jacanos and their agents did contact the Pennsylvania Real Estate Commission for an opinion as to whether they had to disclose the murder/suicide. They received an opinion that it was not material and need not be disclosed.
Discuss whether Ms. Milliken can set the sale aside and what legal arguments she could make. [ Milliken v Jacono , 60 A.3d 133 (Pa. Super. 2012)]