Pennsylvania Residential Real Estate Legal Questions

If the mold can be remediated, then great.  It would need to be quite an expense in order to justify even considering a claim against the sellers.  They would have had to know about the mold and failed to disclose it to you.  Just b/c the house was flooded, doesn't make them liable to you for everything and anything that could arise from that.  Did you have the home inspected before you purchased it? ... Read More

Is there some urgency to remove the lien?  If so, what is it?  Did the lien preexist your parents' ownership of the home?  if so and if they had title insurance, you might be able to make a cliam on the title insurance.  Depending on the type of lien, the statute might've passed and the lien may no longer be valid or impair your ability to sell the home free and clear.  You should have the specifics reviewed by a real estate attorney for a more thorough opinion. ... Read More

You should tell the realtor you had a change of heart.  They may ask if you have a potential buyer already. If you do, they'll probably want to be paid something if the sale goes through.  If you do not, they might agree to let you out of the deal if they've not spent any money or taken any action to market the property.  But if they won't agree to void the contract, you are probably stuck with the contract.... Read More

The sales agreement relating to your purchase of the property should be referenced for guidance on this issue.  You should have also received a residential property disclosure prior to signing the sales agreement.  That might've disclosed matters pertaining to the sewer system.  Info in the real estate lisitng is not intended to be comprehensive.  Did you have the home inspected before you closed?  In the agreement, you may have agreed to not hold parties responsible for misrepresentations or failures to disclose.  Assuming for a moment a claim is possible, when did you first learn of the existence of the cesspool vs. septic system?  That date is the beginning of the time period w/in which you could sue.  The time period is either 2 or 4 years most likley. You should take all the paperwork and more detailed facts to a local attorney for a more in-depth consult in order to get a reliable opinion.  In any event, if you sue, you probably will not recover attorneys fees so at best you'll recover the damages net of fees and costs. ... Read More

Someone must be able to officially control and deal with the property.  Who owns the property?  If only your mother, was an estate opened for your mother and a personal representative appointed by the court?  If the lien is on the real estate, it will need to be satisfied if you want to retain the property.  That can come from the assets of your mother's estate.  If that's insufficient, then you'll likley have to pay the lien in order to retain the house.  Liens don't go away just becasue the property owner passes away.... Read More

Surrendering your deposit has to be a last option.  What does your realtor suggest?  That's the person who drafted your sales agreement, correct?  its tough to answer your question without seeing your sales agreement.  If you default, does the agreement give the seller your deposit as liquidated damages?  Is that the clear remedy?  have you asked to delay the closing?  How much is your mortgage on your current house?  If I were you, I'd bet that I can sell that house before I make $20K in payments vs. surrendering my deposit.  You can get aggressive at marking down your house for sale. ... Read More

Until the gavel falls at the sheriff sale, the current owner can exercise all rights incident to ownership of the property.  That would include the right to sell the property to you.  If you can pull off a sale before the scheduled sale, you can certainly end up with the property. You'd be well-advised to involved whatever creditor has out the house into foeclosure in the sale process to ensure the debt is paid off.  Sometimes the value of the liens on the property exceeds its value.  If that's the case for this property, then buying it probably doesn't make sense.  You can also bid on the house at the sale but you'll have to bid enough to pay all liens on the property and you'll have to come up with a deposit on the day of the sale plus the balance 30 days later.  If you do decide to try and buy the property. retain an attorney to conduct a title search and examination of the property before you pay the seller any money.... Read More

You should have a title search and examination done on the property in order to know what liens there are and what needs to be paid off in order for you to get clear title.  It would be very odd for an unpaid contractor to have a mortgage on the house.  That's really rare for an owner to give a contractor a mortgage.  But it's possible.  The contractor will have to be paid off -- if they haven't been paid already.  Sometime private mortgage holders get paid and forget to satisfy the mortgage (because they don't know how or don't know they are to do that). ... Read More

This is a situation with no easy solution.  I'd start with writing to the responsible party, set out his obligation to maintain, set forth the problems with the road as a result of lack of maintenance and set forth what you want done and by what date.  If that gets you nowhere, then you can either engage in self-help and see if he stops you OR you can file suit to compel him to live up to his obligation. ... Read More

You should file a claim against the decedents' estates for your out of pocket losses.  Although hoarding, in the extreme, may be a violation of local health ordinances, its probably not something that the local authorities can easily address.  I don't think a suit against the local authorities will get anywhere.  Plus you'll have to pay the expenses of the suit and you'll get to diminishing returns very quickly. ... Read More

I'm sorry to hear about this family trouble.  There's no "clear" right for you to have this information but I suspect if you retain an attorney and make the inquiry, you'll end up getting the information.  Why would your sister withhold this information from you? What's her concern?... Read More

Every ejectment case is different. There's no cookie-cutter form to follow.  When dealing with something like your home, best bet is to retain counsel.  If affordabiliyt is the issue, you should at least call low income resources like Legal Aid to see if you qualify or if they can refer you to other resources that might be available.... Read More

When you say seller financed, do you mean that you signed a land installment contract where you transfer the deed only upon full payment under the contract or do you mean that you have already conveyed the deed and took back a mortgage?  The answer would be different under these two different scenarios.  Why allow the default to persist for nearly 20 years? ... Read More

Typically an addendum supersedes that portion of the original contract that the addendum specifically addresses.  That's a general rule.  Whether it applies in your situation depends on the details in the contract, addendum and the surrounding circumstances. You should not rely on this general rule as specific guidance for your situation. Best bet is to have an attorney review the documents and ask you some questions for you to get reliable advice.... Read More

I'm not certain I understand what it is that you're asking here but it sounds like you have an agreement or at least have offered to purchase a new home and the sellers want some reassurance that you have the financial wherewithall to close on the purchase.  It's not unusual in that situation for the seller to ask to see proof that you have the cash.  From their perspective, without that assurance they are unwilling to tie up their home on a contract (and take it off the market) on a deal that they're not certain will happen.  If you're asking a question about how your husband is involved or your deal with him on your current home, I don't know what you're asking.  You should retain an attorney to assist you with both transactions.  You'll be paying a settlement company to provide services to you for both deals and an attorney would charge you about the same price.  Why not get an attorney involved for you so you can have the advice and counsel?... Read More

The property is likely an asset subject to marital distribution in the divorce proceeding.  As such, it would be unwise for you to try and sell it out from under your husband.  From a practical standpoint, any potential buyer would want your husband to sign off on the deed in order to obtain clear title so you'd need your husband's cooperation anyway.  If he's not paying the bills you can certainly seek the court's intervention to require him to pay if he wants to continue living there or get out and allow you to sell it.  The proceeds of the sale will likely be held pending the final distribution of your marital estate.... Read More