Pennsylvania Real Estate Legal Questions

Assuming you did not contractually agree to do these things, you have the right to terminate the agreement and not accept the requests.  This could be tricky because it relates to the written contract.  You should confer with an attorney.  However it sounds like the buyers are being unreasonable.... Read More

Your taxes are based on the assessed market value of the property and a fixed uniform established taxing rate. If you feel that your taxes are too high, in part, based on the assessed value (other similar properties taxed at a lower rate, similar nearby properties selling for less than assessed value etc.) you need to file an assessment appeal at your county Board of Assessment Appeal office.  Every county has their own procedures including filing deadlines for filing appeals for the next taxable year.  Typically, for the next taxable year, you need to file an appeal by August 1 (sometimes September 1).  You should check with an attorney in your county and/or the county office which handles assessment appeals and ascertain when the filing deadline is.  If you miss the deadline, it will be too late to file an appeal. You also need to check with the assessment appeal office or an attorney about what is needed. There is usually a brief form which needs to be completed and filed. There is also "evidence" which needs to be submitted in support of your appeal prior to the hearing. At the hearing you need to show your "evidence". A property owner should introduce evidence of the market value of the property appealed. This can be done by presenting an appraisal or evidence of current actual sales of similar homes. You may also appeal an assessment on the basis of uniformity by presenting recent sales of comparable properties but a comparison of assessments alone is not sufficient. You must present documentation at the hearing that proves these recently-sold properties are similar in style, size, location and amenities. Bringing pictures to the hearing would be very helpful in proving. I hope this provides some helpful information.  Please consider this preliminary guidance and do seek the advice of a local attorney and/or the county office of appeals who is more familiar with any specific requiements of your county. Marla D. Sones www.lslaw.com        ... Read More

You should each consult separate real estate attorneys because your interest maybe conflicted with regards to the type of deed necessary to convey the property.  Additionally, a local real estate attorney will know the intricacies of the state and county's filing and recording methods, and any necessary documentation for the transaction. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

There is no requirement in Pennsylvania that an attorney be retained by either the buyer or seller in a real estate transaction.   And, while real estate agents are well versed and equipped to address most of the issues which arise, most of the litigation that attorneys handle arising of real estate sale or purchase could have been avoided if an attorney were involved.  It is always my recommendation to have an attorney involved to at least oversee and guide the process from the preparation or review of the required Seller's Property Disclosure or preparing or reviewing the Agreement of Sale to insure that your legal rights are protected, from a review of the title search (if you are the buyer) to make sure there are no defects in title and the seller will be able to transfer clean and marketable time, to closing.  Most real estate agents will explain that you have the right to seek legal representation. In fact, that is something spelled out in  the Consumer Protection Handbook issued by the Pennsylvania Attorney General.  Please check out our website where we have an article which discusses why you should hire a real estate lawyer.    www. lslaw.com Marla D. Sones    ... Read More

Unfortunately the facts as presented do not provide sufficient information to properly respond and advise you.  If the owner (the person with the name on the deed) does not reside in the property, then he/she has the right to enter and control who also enters the property, at least subject to the rights of the person residing there - depending on their "status".  Who are they?   The rights of the person in the house to have people go to the house, would depend on their status.  Are they also on the deed?  Are they a tenant pursuant to a lease (which should enable the tenant to quiet enjoyment - living and having people come to the property he/she lives in) or a mere guest? Again, the information provided does not provide what may be all the relevant facts and information.  I would suggest consulting with an experienced real estate attorney who can more properly advise you. Marla D. Sones    ... Read More

Initially, please consider this response to your inquiry general and preliminary guidance.  You should consult with an experienced real estate lawyer who will need to review the deeds and other transfer documents to more properly advise you. Based on the information you presented in your inquiry, upon your parents divorce, the property was legally held by your mother and father as joint tenants (as opposed to tenancy by the entireties during their marriage).  Their new spouses would have had no interest in the property.  Thus, either party would have been legally within their rights to sell or transfer their 1/2 interest in the property.  To the extent it appears that upon transfer of title to your uncle both of your parents signed the deed, again, based on the information you provided, regardless of whether a lawyer or a notary prepared it, the transfer of title sounds like it was a legal transfer and your chances of declaring the deed to your uncle as null and void would not be likely. Again, in order to properly advise you, a lawyer would need to review all of the relevant documents and I would suggest you do so. Marla D. Sones  ... Read More

Generally, a deposit would be refundable unless there was some written policy or agreement that you signed which provided that a deposit was not-refundable. If there was no written policy or agreement, the return of your deposit would be dependent on what the intention of the parties were.  Did you sign anything?  Was there any indication, written or otherwise,  that the deposit would be refunded.  If your understanding was that it was refundable and especially because it was within 24 hours of tendering deposit to hold property, most courts would order the landlord to return the money.  However, if you were to sue, it is likely that the costs of even filing  the lawsuit or hiring an attorney, would be more than what the deposit was.  Also, an attorney could be retained to write a letter, but again, depending on how much the deposit was, it may not be worth your while.  You should consult with an attorney for more specific advice.  An attorney, after considering all of the facts and circumstances, which are limited in your question, would be in a position to better advise you.  Please consider this general advice and guidance based on the limited information available.   Marla D. Sones... Read More

If there is nothing unusual about the legal description (not unduly lengthy or complicated), and if the title is presently vested in him alone, the time and trouble is minimal.  The cost of deed preparation will vary from state to state and from lawyer to lawyer.  I would think you should ordinarily expect to pay at least $100 but probably not more than $200.  This assumes, too, that you will not consume much of the attorney's time. You should be aware also that the deed must be recorded.  There will be an indexing fee and a recording tax.  That will depend on the value of the property. Every lawyer does not have a real estate practice.  Find a good real estate lawyer in your area and ask him (or his secretary) what the cost is for preparing a deed if you provide the names and the legal description.  (A copy of your husband's existing deed is the best).  Ask also what the cost or recording the deed will be if you deliver it to the recording clerk.  Be prepared to tell what the estimated value of the property is, and what the estimated amount of any mortgage debt is.  He will be transferring to you only a 1/2 interest in the equity (value less mortgage amount).  ... Read More

First, for an attorney to properly and appropriately comment on your inquiry, he or she would need to meet with you to review all the relevant circumstances.  Thus, I would suggest meeting with an attorney who can more properly advise you.  Otherwise, below you will find some preliminary guidance. The property is "legally" owned by your and your sister, at least based on the will (which again should be reviewed) and based on what you have related.  The title of the property should be transferred accordingly.  At that juncture, if you and your sister cannot cooperate in either the management and maintenance of the property or agree to sell the property, then an action in partition could be started on your behalf.  Or, prior to initiation of seeking court intervention, an attorney could communicate with your sister and offer her the opportunity to buy your 1/2 interest (for half the appraised value or even a little less than 1/2 if you think that your sister would be more agreeable if she was getting a "good bargain" and which would ultimately save you in legal fees).  If she is agreeable, an agreement should be prepared, money exchanged and a deed and other related and required legal documents should be prepared and recorded, transferring title to your sister alone and paying any applicable transfer taxes. Also, although the facts are not totally clear, any maintenance expenses (such as the cabling etc.) is the responsibility of both you and your sister in proportionate share to your respective interests.     ... Read More

Dear Mr. Robinson, First, as your inquiry does not provide all of the relevant facts and circumstances to be able to provide you with a complete answer and because it would be important to review all possible relevant documents (including for example your grandmother's will, the deed to the property etc.), please consult with an experienced estate and/or real estate attorney who can better advise you. The answer to your inquiry would depend on many factors.  First, in whose name was the property titled?  Was it titled jointly with right of survivorship in the name of your aunt and grandmother? If that is the case, and because agreements with respect to land and real estate generally need to be in writing, who ever held title to the property with your grandmother, would then own the property.  There would be little one could do unless there is some written memorandum or agreement to give your father the house. If your grandmother owned the property and held title with no one else, then the title to the property would be controlled by the provisions of your grandmother's will. Perhaps the Will even provided for your father to have what is called a life estate in the property  - namely that he could continue to live in the family house for the remainder of his life.  If there was no will and there was no one else who held title to the property with your grandmother, than title would pass based on the laws of intestacy (which is when someone dies without leaving a will.) If the property either by way of survivorship or the will is now to be held solely in your aunt's name, without reviewing the documents and speaking with you further, it is difficult to discuss what, if any, options there may be.  Unfortunately, without proper provisions, these situations often arise.  An attorney may, after meeting with you and reviewing the Will and Deed, be able to help you in perhaps negotiating a family settlement in some manner which would be acceptable to all parties. I am sorry I cannot provide you with any specific information for the reasons stated above.  I hope that this at least has provided you with some preliminary guidance.  Again, I recommend that you speak to an attorney who can better advise you after an understanding of the relevant facts. Marla D. Sones  ... Read More

A partition action should be commenced but naturally recouping rents from a co-owner could prove difficult.  You are assuredly better off seeking credits for your disproportionate contributions.  You need to consider buying out the co-owner's interest and cutting a deal.  Litigation could become unduly protracted, the equity, assuming any exists, being quickly eroded.... Read More

A contract for the sale of real property in Pennsylvania must be in writing, must evidence an intent on the part of both parties to sell/buy the property (ex:  an agreed price and an agreement that the landlord will sell at that price and that you as the tenant will buy) and should have certain definite terms such as purchase price, settlement date etc., Without reviewing the actual document, is it is difficult to advise you as to whether this "note" could arguably be interpreted as a contract to purchase the property. Otherwise, the landlord is free to sell to someone else unless (and again, without knowing all of the facts and circumstances) there are other circumstances.  (By way of example, could your note be construed as a lease purchase agreement, that you reasonably relied on that agreement to buy the property and acted on that by doing improvements to the property - again just by way of example). I hope that above provides some initial and general guidance.  Again, without reviewing the note, your lease and being informed of all of relevant facts and circumstances, I cannot properly provide definite legal advice.  I would suggest meeting with an experienced real estate attorney to review your situation and options.   Marla D. Sones  ... Read More

If there is an agreement between the two sisters (if they are the joint owners) as to the buyout of one and transferring the deed and title, then you do not need to involve the court with a petition for partition.  That can be done by an attorney who can prepare an agreement and after the exchange of funds etc., prepare and record the new deed. If there is no agreement, then you would need to seek court intervention.  While there is never any guarantee, the court may have no problem ordering partition but then the issue becomes forcing a sale of the property so that each party can get their 1/2 interest. The best option is of course an agreement.  One caveat - if the sisters are also jointly on the mortgage, then the mortgage company may have to be consulted and provide approval for the transfer of title to the remaining sister and the release of liability on the mortgage for the other.  If she would not financially qualify for a mortgage without her other sister, there could be a concern since the sister transferring title may still be on the hook for the mortgage. I hope that the above provides some initial and general guidance.  I am unable to provide definite advice without being informed of all of  the facts and circumstances.  Also,  the above is based on Pennsylvania law and relates to a Pennsylvania property.  If you are going to proceed to attempt the transfer of title etc., please consult with an experienced real estate lawyer who can more properly advise you.  Marla D. Sones... Read More

In addition to renting, which is a viable option if you can find a good tenant, there are potentially some other options to consider.  First, you may want to contact your mortgage company and ask about a modification which would potentially allow you to pay down the principal in a shorter period of time and thus, getting the balance closer to the market value, allowing a sale to be more realistic.  You may also want to speak to them about a short sale.  You do not have to be in default on your mortgage for the lender to consider a short sale and that may be a viable option as well.  If your lender is not willing to work with you, another option which is presently available (but which Congress is considering doing away with for lack of funding) is what is called a FHA Short Refinance.  This program is specifically aimed at assisting homeowners with negative equity to refinance.  It slashes principal from mortgage and again allows you to get the mortgage amount reduced closer to the market value.  Not every lender participates in this program but many do, so you should consult with some lenders and see if you might qualify for this program. I hope this provides some initial guidance.  As I am not privy to all of your circumstances, the identity of your current lender etc., this should not be considered a substitute for seeking further legal advice and assistance and I would recommend you do so if you wish to pursue any option, as a attorney who understands all of the facts and circumstances would be in a position to more specifically review your options and provide perhaps even additional recommendations. Thank you. Marla D. Sones    ... Read More

Without having all of the details, I cannot provide an absolute definitive response to your inquiry and thus, I would recommend that the widow consult with an experienced real estate/estate lawyer who can guide her through this process.  Notwithstanding my inability to provide a definite response, when a husband and wife own real estate together, it is generally titled in both of their names and title is held by what is known as "tenancy in the entireties".  Thus, when one spouse dies, the property automatically reverts to the surviving spouse.  However, in Pennsylvania and generally, when spouses divorce, at the time of the divorce, they no longer can hold title as tenants in the entireties. Upon divorce, unless there is an agreement to the contrary or the court enters an order, the nature of the ownership automatically changes and  the parties now hold title as tenants in common.  There is no right of survivorship in that kind of title.  Thus, on a general basis and hopefully in the case of the widow, at the very least, the 1/2 part of the property owned by the husband will revert to his wife or whoever was left his property in a will. The ex-wife thus only would have a 1/2 interest in the property.  She cannot evict the widow without the court partioning the property and ordering it sold, for example, although there are other possible options.  The widow, again without having all of the details, may very well own 1/2 of the property or her deceased husband's share.  I hope that the above information has provided some initial guidance.  Again, I would recommend the widow consult with a lawyer so she can fully understand her rights.  Marla D. Sones  ... Read More

At the outset, it is highly recommended that you consult with a real estate and/or contract lawyer who can more specifically provide advice on this matter after reviewing the actual contract.  Thus, this preliminary response, based, on the limited information, should be considered as initial guidance.  You do not indicate what kind of "contract" this was; a contract to purchase in the future?  a lease?  As it is unclear as to the precise nature of contract, this response is further limited as there may be unique issues associated with a specific contract. Generally contracts are enforceable, no matter what kind they are, if the requirements of contract formation are met (offer, acceptance, consideration, etc);  the contract is legally binding on the parties.  An exception can be where there is a mistake - not all mistakes will permit an avoidance of contractual obligations.  And generally, if you sign a contract, it is presumed that you have read and understood the terms and agree to them.  However, when there is a mutual mistake concerning an important element of a contract, there perhaps will be grounds to void the agreement.  In the situation you present, if the contract was signed in September (after the mistaken date) and you and the other party have acted upon the contract, you might be hard-pressed to void the contract as it would be presumed that it was perhaps a typographical error and the courts would reform the contract to make it binding in accordance with the terms and presumed correct date in 2012.  Again, because you have not presented all of the relevant facts and circumstances and because it would be important to base legal advice on an actual review of the contract, it would be recommended that you consult with an attorney if your intention is to try to void the contract.  Hopefully, this has provided some initial guidance. ... Read More

JoAnn - If you have the funds and can get approved for a mortgage (particularly if your name remains on any prior mortgage), there is specific reason that you cannot purchase a new property prior to your divorce being finalized.    If you own another property with your present spouse, unless the mortgage company agrees to remove you from the mortgage and allows your spouse to assume full responsibility for the existing mortgage, you will still remain liable and many mortgage companies, unless you have unlimited funds, will typically hesitate to offer financing until your existing liabilities are resolved. However, as I am not privy to your precise circumstances, you should certainly consult with your divorce attorney to make sure there are no issues within the parameters of your domestic situation which would preclude your ability to purchase.  I would further recommend that you have a will or other estate documents which provides for any new property you purchase prior to the divorce being finalized.   Marla D. Sones... Read More