Roberts v. Estate of Barbagallo: Pennsylvania Broker Found Liable for Damages Arising Out of Failure to Disclose UFFI
The Superior Court of Pennsylvania held that a broker was liable when a purchaser bought a home with UFFI which adversely affected her health. Even though it was not clear whether the broker actually knew UFFI was present, the court held the broker should have advised the buyer about the possible effects of UFFI because of its knowledge of the Federal ban on UFFI, the potential for health risks associated with UFFI, and the Board of REALTORS® recommendation regarding UFFI disclosure. By adopting a policy of not providing such information, the broker "prevented" the buyer from conducting her own investigation, and was held liable on a theory of fraudulent concealment.
Roberts v. Estate of Barbagallo, 366 Pa. Super. 559, 531 A.2d 1125 (Pa. Super. Ct. 1987).