After a split three-judge panel of the state Superior Court ruled that a jury should decide whether the seller of a $610,000 home had a duty to disclose to the buyer that a murder-suicide had occurred in it, a divided en banc panel reversed the ruling on reargument, finding that the occurrence of a murder-suicide does not constitute a material defect to real estate that requires disclosure under the Real Estate Seller Disclosure Law.

The panel, hearing the case on reargument, ruled 6-3 to affirm a Delaware County trial court’s grant of summary judgment to the sellers and real estate agents.

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