Pennsylvania Real Estate Legal Questions

A title search will provide the bank with information as to any judgments, liens or other encumbrances on the lot to make sure that that any funds which are being loaned and which the lot will be collateral for, are made on collateral for which you will able to obtain clear title.  This is standard procedure and the bank is entitled to conduct a title search prior to making the loan commitment.  Even if the original owner had a title search, information about the property could change from when the owner's purchased the land and had a search done and when you are purchasing and thus, the fact of a prior title search is not something that a bank will rely on. I hope that this provides some guidance to you and answers your inquiry.  As the response is based on the general information provided, please consult with an attorney to secure further advice, if needed, based on the specific facts and circumstances.   Marla D. Sones... Read More

There are several issues presented by your inquiry which I will try to address.  First, you indicate that the apartment is yours.  Part of the response to this inquiry would be based on whether your ex boyfriend is named on the lease and whether he has continued to fulfill his responsibilities under the lease, such as paying part of the rent. If that is the case, as long as he is fulfilling his leasehold obligations, arguably he has the right to maintain his belonging on the premises.    Assuming that is not the case, you refer to a possible agreement between you and your ex.  Was this an agreement that he could maintain his belonging at your apartment?  And if so, was there any time limitation to your looking after his belongings.  If there was in fact an agreement without time limitations or if there was not a agreement,  generally a court might impose a "reasonable" period of time.  Seven months is more than reasonable and one suggestion may be for you to provide him with formal notice that you have complied with the agreement, that the agreement did not contemplate an indefinite period of storage, that you have been more than reasonable and understanding, but that he will need to remove his belongings within 30 days.  While there is no guarantee that he won't take legal action, options for dealing with his belongings if he does not timely remove them could be donating them to a charity and sending him the receipt for tax purposes or placing them in storage.  Unless you were willing to pay the storage fees, you could not bind him to do so, although when you provide written notice, you could provide these 2 options and indicate that if he wants them in storage, he will need to make arrangements to move them there and pay for the fees. If you provide him with formal written notice and he takes no action, it would be difficult for him to maintain a claim against you for ultimately removing them from your premises or disposing them.  Otherwise, there is really not anything your landlord can do to help other than perhaps rent your ex a storage locker on the premises if one exists.  I hope that this provides some guidance.  Finally, in answering your inquiry, certain assumptions were made since all of the relevant facts and circumstances were not provided.  Thus, I would further suggest that you consult with an attorney prior to taking any final action who would be able to provide you with more definite legal advise based on the precise nature of the circumstances involved.   Marla D. Sones  ... Read More

There is no legal requirements in dealing with a realtor that you must allow them to place a lock box at your property.  Lock boxes (especially today) facilitate showing of your property, insure access for your broker and others and are generally very secure. Notwithstanding that, any agreement that you may have signed with  the realtor/broker would be controlling.  If you have a listing contract with the broker and it provides that you have agreed to allow the installation of a lock box, then from a pure legal standpoint, to comply with the contract provisions you would need to allow it.  If you have not signed an agreement with the broker and the agreement he or she proposes includes a provision for a lock box, then tell her or him that you are not comfortable signing based on your specific situation and cross out that provision.  Both you and the realtor should initial the change to the contract. Also, if you have signed the contract and there is a provision for a lock box - I would suggest speaking with the realtor and letting them know that since someone is always present, that there is no need for a lock box and you do not wish them to put that there.  The realtor typically wants to please and will usually will respect their clients' wishes and work with them clients in resolving any such issues. I hope the above has provided some general guidance.  As I have not seen any agreement that may be in place between you and your realtor and since I may not have all relevant and important facts, please note that my response should only be taken as general guidance.  If there is a agreement and/or any attempts at working this out with the realtor have not been successful, I would recommend your consulting with a real estate attorney who can more properly advise you. Marla D. Sones  ... Read More

If you are trying to sell it and want to give access when you are not there, this is generally the best way of showing it.  However, you should confer with the agent to see whether there are alternatives.  This is of course assuming you own the home, which is a bit unclear from the email.  ... Read More

If there are restrictions, rules, common ownership, you could deal with decisions with which you are not necessarily pleased.  Dues increases, etc.  However, assuming you are comfortable with all of the contractual documents disclosed up front, some of these communities can be great because of the various amenities.  ... Read More