Superior Court rules swastika not material defect in home
“It might be better to propose and pass legislation that can really have an impact,” she said.
A swastika and German eagle tiled into the floor of a Beaver County home do not represent a material defect and the building’s seller was under no obligation to inform potential buyers of the hate symbols, according to the Superior Court of Pennsylvania.
The ruling comes after Lynn Rae Wentworth appealed a decision by the Court of Common Pleas of Beaver County Civil Division, which reached the same decision.
Wentworth and her husband, Daniel, purchased the house last year and discovered the swastika and eagle when they removed a rug in the home’s basement that had covered the symbols. They sued the home’s previous owners for the cost to remove the tile.
The home’s seller, Juergen M. Steinmetz, asserted through his attorney, Albert Torrence, that the swastika is an ancient symbol used by many cultures and that it wasn’t a defect. Further, the defendant argued, the rug wasn’t affixed to the floor and could have been removed at any time, allowing possible buyers to examine the floor.
A judge agreed, ruling against Wentworth.
Wentworth said she was “super disappointed with the decision,” and that she was surprised by the judge’s ruling.
The current homeowner said she isn’t sure if she’ll appeal the decision again, noting that she “doesn’t see the Supreme Court of Pennsylvania overturning it.”
Instead, Wentworth said she may lobby state legislators to write a change in the law that would make hate symbols material defects.
“It might be better to propose and pass legislation that can really have an impact,” she said. “That’s where there’s more power than going through another round with the court and spending money to get the answer.”
As for the floor, Wentworth said she planned to remove the symbols once she was certain the court proceedings were over. PJC
— David Rullo
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