Lutzky v. Petcove - ED Pa - August 21, 2006
http://www.paed.uscourts.gov/documents/opinions/06D1054P.pdf
Motion to dismiss of third party defendant, a real estate agent, denied. Plaintiff adequately pleaded fraud, predicated on a defendant's having withheld material information about the condition of real property. Concealment or silence may constitute fraud where there is a duty to speak, which exists here under the state real estate disclosure law, 69 P.S. sec. 7310, and case law that makes a seller's agent potentially liable.
