Last month, I wrote about how the Superior Court in Phelps v. Caperoon, 2018 Pa. Super. LEXIS 674 (June 18, 2018) concluded that a seller of a personal residence in Pennsylvania is still obligated to comply with the property disclosure requirements under Pennsylvania’s Real Estate Seller Disclosure Law (RESDL), 68 Pa. C.S. Section 7301-7315 even if the parties to the real estate contract agree that the property is being sold in “as is” condition.

In Phelps, for the first time, the Superior Court also outlined how courts in Pennsylvania should calculate “actual damages” under RESDL.