Pennsylvania Contracts Questions & Answers

Q: If an LLC (with a land lease stating the lease cannot be sold) is sold, does this also mean the lease is sold? Breach?

1 Answer | Asked in Business Law, Contracts, Mergers & Acquisitions and Real Estate Law for Pennsylvania on
Answered on Jan 8, 2019
Elizabeth Tarasi's answer
Who is the current landlord? Please give me a call in my office. Your transaction seems a little more involved than can be done in a message forum. My office number is 412-391-7135

Q: I have an iPhone from my brother. I'm not on the contract. He said I have to pay or he will sue. Do I have to pay?

1 Answer | Asked in Contracts for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
He could sue you in your local small claims court for unjust enrichment, yes. Do you have to pay? That's up to you, but he may be able to obtain a judgment against you. Best of luck to you.

Q: Need help to decide notice to Quit deadline

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Pennsylvania on
Answered on Dec 14, 2018
Elizabeth Tarasi's answer
You gave him the 30 days. File at the magistrate then give him the 10 day notice the day before you file.

Q: Arbitration hearing or Judgement Issue?

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Answered on Dec 7, 2018
Cary B. Hall's answer
The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?

Best of luck to you.

Q: Termination of the agreement of the sale

1 Answer | Asked in Contracts, Small Claims and Real Estate Law for Pennsylvania on
Answered on Dec 5, 2018
Elizabeth Tarasi's answer
I am in Pittsburgh I would contact someone in Philly

Q: I am looking for an attorney to check an owner financing document for a property I am selling in McKees Rocks, PA

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on
Answered on Nov 30, 2018
Elizabeth Tarasi's answer
Send me the documents emt@tarasilaw.com my office number is 412-391-7135

Q: Can someone I stayed with as a guest demand rent at a later date?

1 Answer | Asked in Contracts and Landlord - Tenant for Pennsylvania on
Answered on Nov 3, 2018
Peter Munsing's answer
He can ask. That doesn't mean you are obligated. There was no agreement as terms hadn't been discussed and accepted. Just politely say "that was never discussed. I'm sorry you feel that way but I don't see that I owe that." leave it there. I assume you have all your stuff out and are in a different place. At this point if he wants to try he can take you to small claims, but as long as you respond to his case and show up he wouldn't get the rent on the facts you gave.

Do not get into...

Q: Insurance company won't cover rental car because I declined this option on original policy. what are my options?

1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on
Answered on Nov 3, 2018
Peter Munsing's answer
rental isn't something they have to reopen. You can ask your agent but otherwise you will need to get yourself either a rental or pay a friend to use their car and see if there's a way you can insure it or get a hail damage special.

Q: Can I be charged with Home Improvement Fraud when work is 50% complete and there is no completion date in the contract?

2 Answers | Asked in Contracts and Criminal Law for Pennsylvania on
Answered on Oct 17, 2018
Andrea E. Mertz's answer
You may be charged. However, you have some defenses that you and your attorney should be able to use. Contact an attorney immediately upon being charged to discuss how to proceed.

Q: Can I transfer vehicle title to PA resident but retain interest in the vehicle with a promissory note when I live in MD?

1 Answer | Asked in Contracts for Pennsylvania on
Answered on Oct 11, 2018
Peter Munsing's answer
Technically, yes, but you are heading for a family relations mess if you have to enforce it--imagine playing repo-man (or repo mom).

Look at other options. If you have concerns about your youth's habits sit down and workshop what would be a good way for them to access transportation they need that doesn't lead to a situation where they don't do something (forget topay insurance) so it bounces back (one reason not to be on the registration).

Let's say you loaned them a car....

Q: If an attorney makes an appearance as additional counsel for a plaintiff, is it required that both are on the filings?

2 Answers | Asked in Contracts, Civil Litigation, Communications Law and Legal Malpractice for Pennsylvania on
Answered on Oct 8, 2018
Elizabeth Tarasi's answer
That is not usually how it goes. The judge will want all attorneys to enter their appearances.

Q: It's been 2 weeks n still no support deposit and overall balance on there account is 201.58

1 Answer | Asked in Contracts and Child Support for Pennsylvania on
Answered on Oct 3, 2018
Cary B. Hall's answer
And your question is? Are you the payor (meaning you're paying), or the payee (meaning you're receiving)?

If you think there's a hold-up on support processing, contact Domestic Relations to inquire. If you're a payee and support has not been timely paid, you can contact Domestic Relations to seek enforcement of your support order.

Best of luck to you.

Q: My mother passed away as life estate grantor to my brother, his wife, and myself. I want to drop off new deed.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Pennsylvania on
Answered on Oct 2, 2018
Elizabeth Tarasi's answer
In the deed you would state $1 as the consideration. Also because it is between family members you are exempt from realty transfer tax in Pennsylvania. No gift issues.

Q: how do I find out if someone filed bankruptcy?

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Pennsylvania on
Answered on Sep 28, 2018
Timothy Denison's answer
You can open a PACER account at PACER.gov and view filings.

Q: Co-buyers rights after a repossession and auction of said vehicle

2 Answers | Asked in Small Claims, Bankruptcy, Contracts and Civil Rights for Pennsylvania on
Answered on Sep 15, 2018
W. J. Winterstein Jr.'s answer
The optimum time to seek legal advice is before a contemplated deal, like transfer of an asset, is done, not after.

With your payments toward the vehicle, and your "co-buyer's" lack of payments, you were legally entitled to claim the lion's share of the equity in the vehicle. Obviously, there is none of that.

At this point, depending upon what your conveyancing (transfer) agreements say (they should have been reduced to writing), you may have a right to demand payment of your...

Q: How do I get a copy of the lawyers oath

1 Answer | Asked in Contracts for Pennsylvania on
Answered on Aug 27, 2018
Cary B. Hall's answer
Not exactly certain what you mean by the "lawyers oath," but this is the oath each attorney in Pennsylvania must take before admitted to practice law in this Commonwealth:

"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well as to the court as to the client, that I will use no falsehood, nor delay the cause of any...

Q: I sold a car to an acquaintance. We signed a contract for a payment plan, which she now refuses to pay. Can i sue?

1 Answer | Asked in Contracts and Civil Litigation for Pennsylvania on
Answered on Aug 16, 2018
Elizabeth Tarasi's answer
Depending on what is set forth in the contract. You should be able to sue her for breach of contract.

Q: I am not sure what a line in my lease means. It is under the "WAIVER" subtitle.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Answered on Aug 3, 2018
Elizabeth Tarasi's answer
It means that the landlord never waived any of their rights regardless of not taking action for a breach

Q: A contract for people to log some land but never agreed on an end date. They refuse to amend contact with end date.

1 Answer | Asked in Contracts for Pennsylvania on
Answered on Jul 16, 2018
Cary B. Hall's answer
You'll need to have an attorney review the actual contract to give you an answer, unfortunately. Live and die by the words on the paper . . . .

If you'd like to discuss your situation offsite, feel free to contact me at your convenience. My contact information is on my Justia profile here. Best of luck to you.

Q: I moved for work, and broke a land contract due to non-pay. What do I owe the person who still owns the property?

1 Answer | Asked in Contracts for Pennsylvania on
Answered on Jul 11, 2018
Cary B. Hall's answer
From your short description, I can't tell exactly what kind of "land contract" you mean. To purchase, say, a house? And when you say "non-pay," I'm presuming you mean you didn't do something you were supposed to under the contract?

Usually real estate contracts spell out what happens when a party defaults on contractual obligations -- the standard sale-of-a-residence contract in Pennsylvania does (the one suggested by the PA Board of Realtors). I suggest you get out your magnifying...

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