Pennsylvania Real Estate Legal Questions

I'm not quite understanding the fact so I'll try to give you a general answer.  If a property owner passes away, the property is passed to the surviving joint tenant (as stated on the deed if there are rights of survivorship on the deed), in accordance with the provisions of the owner's Will or, in the absence of either of these two things, in accordance with the law of intestate succession.  I gather from your note that there are no joint tenants on the deed.  If that is the case, it will be necessary to open an estate for the deceased property owner, have a personal representative of the estate appointed and have that person issue a new deed to whomever is entitled to the property according to the Will or law of intestate succession.   ... Read More

You're probably right that you'll need a partition.  Partition actions have three parts:  1) determining the right to partition;  2) the method of partition and 3) dividing up the proceeds equitably.  Usually steps 1 and 2 are not controversial.  The property is either placed on the market for sale or one owner purchases it from the other.  The real arguments are usually on how to divide up the proceeds.  Invariably, each party thinks they are entitled to over 50% of the proceeds because they've paid bills for the property or someone has lived there without paying rent, etc.   I suggest to my clients to not lose sight of the forest for the trees.  You want to get out of the property -- that's the main goal.  Dividing the proceeds, if any, is secondary.  Rare is the case where its worth spending money on attorneys and other litigation costs over the division of the proceeds.  You should be willing to "give" on that issue, even if you have to hold your nose while doing so.   I generally start these off by sending the opposing party a copy of the partition action that I intend to file unless they agree to a specific plan of action by a date certain.  If the response is unsatisfactory (or non-existent) I file away and put it in the hands of the court.  Litigation brings deadlines and progress, although with the courts, its usually too slow.   Good luck! ... Read More

I'm sorry to hear that your grandmother is about to pass on.  I've been there with my own grandmother and I know how upsetting of a time that can be.  You have two entirely different issues here and maybe another you don't realize. I'll address all three. Deed:  You can transfer ownership of the property.  If your grandmother cannot sign the deed or does not have the cognitive capacity to understand what she's signing, then someone who has a power of attorney for her can transfer the property for her provided that the power of attorney form gives them the ability to do that.  If she can't sign and there is no power of attorney, you'd need to have a guardian appointed by the court -- an expensive and time consuming process.  Inheritance Tax:  If your grandmother passes away within a year of transferring the house, the value of the house will still be subject to inheritance tax (4.5% - 15%).  If the tax is not paid, it will be a cloud on the title to the property until paid.  That's a trap for the unwary.  Loan:  If the property transferred is subject to a mortgage, the transferee of the property takes it subject to the mortgage.  That means if the loan is not paid, the lender/mortgagee can foreclose on the property and have it sold in order to pay off the loan.  You may or may not want to assume the loan.  Generally with any bank, it is extremely unlikely that you can simply "assume" your grandmother's obligations under the loan.  You'd probably need to obtain a new loan and pay off the existing one.  If you continue paying the loan (in your grandmother's name) without doing anything, I would bet the bank just accepts the payments without skipping a beat.  I can't promise that and best practice would dictate a refinance or replacement of the loan.  Hopefully that answers some of your questions. ... Read More

Good afternoon.  I'm sorry to hear about your situation.  How deflating it is to buy that new dream home only to have the builder let you down.  At this point you are in the home to stay so looking back on what should have happened is probably not going to get you closer to a solution.  I'd encourage you to be "goal oriented" in addressing this issue prospectively.    The first thing to do is get a better understanding of what your rights are to the patio and steps.  Your rights are likely governed by the terms of your building contract or sales agreement (sometimes you buy both from the builder or a development company controlled by the builder).  I would want to know what those agreements said about your entitlement to the patio and steps.  The agreement may provide for the patio/steps subject to municipal approval.  Once you understand your entitlement to the patio/steps you can determine your options.  You could try and call the municipality directly and see if you can find out for your self whether the steps are possible, whether the builder actually submitted any request for approval.  A little self-help can go a long way here.  You may find that the steps are ok with the municipality and put the builder in a spot where it does not have any excuse for getting out of its commitment to you.  Maybe the municipality will tell you that the steps proposed won't work but a redesign would work.  These things can only be learned by contacting your local municipality.  If you paid for a patio/steps and aren't getting them, you might have a claim for reimbursement from the builders.  You might follow that path and calculate an appropriate amount of reimbursement.  Maybe the builder promised you something that it knew, at the time of the promise, that it could not deliver and the promise was intended by the builder to get you to the closing table without having first completed all of its commitments to you.  This might be a violation of the Pennsylvania unfair trade practices act.  Violations of that act entitle you to actual damages, penalties and attorneys fees. It can be a powerful tool to be used to get some type of remedy that works for you. ... Read More

Land installment contracts are governed in Pennsylvania by the Installment Land Contract Law.  Here's a link to the actual text of the law:  http://www.legis.state.pa.us/WU01/LI/LI/US/PDF/1965/0/0081..PDF. The law can be tricky to understand and it can be even trickier to compare your "rent to own" agreement to the law and determine if it is, in fact, an installment agreement that the law governs.  It would be best to have your agreement reviewed by an attorney.   My law firm is the provider law firm in Pennsylvania for LegalShield, a provider of legal services memberships.  For as little as $20 a month, you can get telephone consultations, letters written on your behalf to document review, speeding tickets to will preparation and more.  We don't sell the memberships.  If you are interested in learning more, I suggest that you contact pbergerjr@legalshieldassociate.com.     ... Read More

I am assuming that your mother is alive.  If that is not the case, then my answers would certainly be different.  Your sister's ability to transact business regarding the property are depending on the scope of powers given to her by your mother as set forth in the power of attorney document.  You should review that first if you have it. Agents (or attorneys in fact, which is what your sister is) have a strong legal duty to act in the best interest of the Principal (your mother).  They are prohibited from engaging in "self-dealing".  If your sister, as agent for your mother, signed a deed transferring your mother's house to herself, that would be a transaction that needs further scrutiny.  Does your mother have congitive deficits or other conditions that impair her ability to manage her own financial affairs?  If not, did you mother consent to the transfer?   Assuming the worst case scenario that your mother is incapable of managing her affairs and that your sister transferred the house to herself without your mother's knowledge and/or consent, then yes you can take action to call your sister to account for her actions.  If she cannot properly account for them, then she can be removed as your mother's agent and be forced to return any property or money that she converted from your mother.  Those would be proceedings that you would initiate in the Orphans Court of the county in which your mother resides.   ... Read More

The response assumes a written contract exists because sale of real estate, to be enforcable, it to be in writing. If the standard PAR form was used and the box was checked that permitted the buyer to walk for any reason, or none at all so long as the hand money was retained by the seller, then NO, there is nothing to do but keep the hand money. If the box was not checked, or it was a different form without that option, then you may be able to seek specific performance and force the sale, but you will need to hire a lawyer and sue.... Read More

You indicate that you own a house with your "ex".  My answer assumes that you both owned it while you were still married.  If that is the case, I would suggest referring to your property settlement agreement contained in your divorce.  If the agreement did not address the disposition of your home, and he does not wish to do anything about, you remaining option is most likely a civil action referred to as a partition action.  A partition action contains two parts: (1) the court determining whether the real estate is capable of being divided [it's a house so that's the easy part - no]; and (2) determining each of your shares to the house.  For the later part, there are formulas recognized by the court; however, it is not a simply process nor is it an inexpensive proposition. From there, either party can buy the other's share or if no agreement can be reached the property will be sold and the proceeds distributed. I have been involved in a number of these actions.  If I may be of any assistance to you, please contact my office.... Read More

Depends on the contract and the type of treatments. Generally, that which is attached to the house is included -- so, the rod that is attached to the walls is generally included but the curtains just hanging on the rod are not usually considered to be attached to the house. Blinds that are attached to the walls are generally included. It is best to write in the contract whether the window treatments are or are not included.  If this was not done, then it will generally depend on whether the treatments were "attached" like the above examples.... Read More

To keep you insured the insurance company may require that the repairs made.  That does not mean you must make the repairs, it means that if you do not, the insurance company will no longer provide you with insurance coverage. If they continue to insure you in the unrepaired condition, they will only be insuring for your "next" loss back to the unrepaired condition of the home at the time of the loss.... Read More

It depends on the rules of the association, but in many instances roof replacement will be built into your maintenance fees.  Again, this is not necessarily built in for all associations, and it does not mean that there will not be an assessment to cover the costs if there is not enough money in the fund to pay the costs.... Read More

Please consider this preliminary advice.  An attorney should be consulted and review the deed and have an opportunity to discuss this matter.  The attorney would then be in a position to more properly advise you. To accomplish the title transfer, a new deed would need to be prepared which reflects that the present owners (your sister and her minor daughter) are transferring property to sister and yourself.   The issue of divesting the minor's interest in the property should be addressed and since she is a minor, a parent or natural guardian would need to execute the deed. The general cost associated with  the preparation of a new deed would be dependant on the hourly rate charged by the attorney you retain.  Generally, it could be in the $400-700 range.  In addition to the deed preparation fee, you need to be be aware of recording fees.  You can consult with your local Recorder of Deed's office about their fee schedule and any special requirements they have in terms of the preparation and recording of the deed. You will also need to determine (which an attorney can do) if this title transfer is exempt from the Pennsylvania Realty Transfer Tax.  If this is not an exempt transfer, then there is an additional 2% transfer tax which is required to be paid ot the State. Marla D. Sones www.lslaw.com  ... Read More

Contact a good real estate attorney in your area and ask him to represent your interests in the transaction.  Not all attorneys are "real estate" attorneys.  Ask your friends, neighbors, co-workers, etc and find someone who has bought or sold real estate lately (refinanced their home perhaps) and get a good recommendation for an attorney.  He will be able to give you guidance in negotiating the price; he should conduct a title examination or have that done, and cause a policy of title insurance to be issued to protect your investment.   ... Read More