Pennsylvania Real Estate Legal Questions

All real estate sale agreements state that time is of the essence.  Accordingly, all deadlines must be strictly met, unless the parties agree to an amendment which is often accomplished through an addendum.  The seller has no obligation to move the closing date and failure to close is a default allowing the seller to sue for the deposit. I trust that answers your question, and if you are in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, being named in a will doesn’t require that your name be removed from real estate.  To the contrary, it is usually the exact opposite as beneficiaries receive assets and are not deprived of them. If you inherited the house, there are only 2 ways to divest yourself of ownership, amicable deed and partition.  The former occurs when your sister agrees to remove you and the 2 of you execute a deed transferring ownership from the both of you to whomever the 2 of you want, which could be her, only.  The latter involves a lawsuit in which the court orders the sale of the property. I trust this answers your question, but if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Real Estate taxes are based upon county assessments.  Those in turn are determined by an objective third party retained by the county for that purpose.  Many counties take years and even decades to update their assessments.  Accordingly, many are far too low and do not bear a rational relation to the actual fair market value.  For that reason, the state provides for a Common Level Ratio to reflect a value at least somewhat comparable to fair market when valuations are necessary to determine real estate transfer tax upon sale. It appears that Delco finally reassessed the values and the new tax would be commensurate with that value.  Each county has a procedure for objecting to the value assigned.  But, if the value is accurate, or even lower than fair market, you will have a difficult time objecting to the new tax.    I trust this answers your question, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

I'm asxsuming that you are not a tenant in common, but rather own the property with your spouse as a tenant in common, which means that a bank is unlikely to give you a loan secured only by your interest in the property.  Even so, the equity can be split if, for example, the other owner buys you out, but that depends on the other owner voluntarily doing so. ... Read More

A listing contract binds you to the realtor as long as the realtor provides you with a buyer.  Additionally, the Agreement of Sale binds you to the buyer, but the buyer may be limited to recovery of the deposit. Accordingly, both the buyer and realtor likely have claims against you, if you breach.  I hope this answers your questions but I am happy to discuss your options on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

I'm sorry to hear about your difficult situation.  If your name is on the mortgage, then your name must also be on the deed.  You can either both agree to sell the property and pay off the mortgage; he can refinance the loan and take you name off the deed or you can inititiate a partition action with the court to force a sale if he won't cooperate.  I'd want to see all of the pertinent documents before giving you definitive advice.  ... Read More

You may have claims here but they are very difficult to win.  Most home inspectors include limitations of liability in their contracts.  You also should determine the scope of their inspection duties.  They may have excluded inspections for mold from your contract. As for the prior owners, you would have to prove that the mold was there when they owned, that they knew about it and failed to disclose it.  Its an uphill battle and you'll have to pay for the attorneys fees and expert costs to bring the claim and those probably won't be recovered if you win.  ... Read More

the mortgage liens remain on the property, regardless of your chapter 7 bankruptcy.  Assuming that your bankruptcy did, in fact, discharge your personal obligation to those lenders, you could wak away and their recourse would be to foreclose on the property.  You can certainly try and sell to one of those buy any house outfits but make sure you are giving them a quit claim deed and not providing any warranty concerning the title to the property.  ... Read More

It sounds like you had a hearing in front of a Judge.  The first priority is to decide whether to file an appeal from the decision if you disagree with it.  You have 30 days to file the appeal.  That's the first step.  You may have a claim agains the tenant for early termination of the lease.  ... Read More

I don't see a question but I'm assuming you are asking what you can do about this?  I'll start with the practical;  are you willing to fight to keep the seller's property under agreement with you?  That'll likely cost you money up front to try and prevent the sale to the other buyer.  If you're wrong, you might give the seller a claim against you for the increased purchase price.  It would be even worse if you can't fulfill your contingency and sell your home.  There's risk in pressing the issue.... Read More

If you do nothing:  in the event of a divorce, your spouse has an equitable interest in the increase in value of your home during the marriate.  That is without placing his name on the deed.  You probably could not sell the house without a court order in the event of a divorce unitl that issue is resolved. If you put his name on the deed, he'll have an ownership interest in the house that won't automatically "go away' in the event you break up or divorce.  As a tenant in common, if one of you passes away, your ownership of the property will not pass automatically to your surviving spouse. It would pass in accordance with your will or the laws of intestate succession.  If either of you have children to a prior marriage, the survivor may have to buy them out.  It's usually not a result that married couples want.... Read More

If you are renting the lot, there's an agreement that governs your relationship with the owner.  What does that agreement say about the owner's right to ask you to leave?  That's the first place you should look for an answer to your question.  At some point your lease would expire and the owner could ask you to leave and you'd have no other choice but to leave.... Read More

Well that's a tough spot.  How about this alternative -- you get the buyer to agree to allow you to market the property.  If you get an offer that you want to accept, the existing buyer gets 48 hours to remove contingencies and close w/in a reasonable time.  If they fail to exercise this option, you get to void the deal and move forward wtih the new buyer. ... Read More

I'll say first and foremost that you must review your contract to accurately know what rights and remedies are available to you.  You can try to terminate the agreement.  You can try to identify a buyer default that gives you the right to terminate.  You can ask the buyer to terminate the contract voluntairly.  You'd probably have to reimburse them their costs.  If you have a realtor, you may owe them their fee due on the sale b/c they did what they were required -- produced a ready and willing buyer.  I'd sugges that you have an attorney review the contract and details of the situation before you do anything. ... Read More