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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Is there a statute that covers buyer delays in a PA real estate transaction due to COVID-19 or any national emergency?

Seller will not extend closing date and is threatening legal action. Delay is due to a credit supplement needed, but it has been delayed due to COVID-19 and businesses working from home and with minimal staff.

Cary B. Hall
Cary B. Hall answered on Mar 31, 2020

Forget statutes and look to the terms of your real estate contract. Is there a clause within (and usually it's one that no one bothers to read) that accounts for circumstances beyond anyone's control? These are known as "force majeure" clauses. Read your contract, and talk to your realtor. It... Read more »

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: We need help getting a lien off our house that has been paid but never taken off the lien
Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 30, 2020

This can be done. Who is the lien holder? I will be happy to assist you my email address is emt@tarasilaw.com

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3 Answers | Asked in Estate Planning and Real Estate Law for Pennsylvania on
Q: What happens once the funds in an estate are not enough to cover the inheritance tax on the realestate?

The house is co-owned by his girlfriend of 20 years and she was named the owner in the will and on the deed. I did not inherit the realestate. I am his son and the executor of his estate. I keep getting conflicting information on what is supposed to happen and I'm getting very confused. Any... Read more »

Mark Scoblionko
Mark Scoblionko answered on Mar 29, 2020

First of all, if you have not already done so, you need to consult a lawyer to represent the estate.

Inheritance taxes are obligations of the inheritor, not of the estate. Most often, however, a testator writes a Will that shifts that tax burden to the estate. Thus, the first question is...
Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I live in the Commonwealth of PA. I found a will that my ex had notarized giving me a home we lived in.. He let it go

He let it go for taxes is this Will worth keeping?

Cary B. Hall
Cary B. Hall answered on Mar 24, 2020

The decent thing to do would be to give it back to him.

Best of luck to you.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I found a Will my ex boyfriend giving me thhome we lived in , the situation is he is alive still owns property still.

The home that was to be given to me was sold for taxes. Is this Will still important to keep?

Cary B. Hall
Cary B. Hall answered on Mar 24, 2020

The decent thing to do would be to give it back to him.

Best of luck to you.

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Im on house deed &title along with my BF & am being told that as part of the transfer to me only there are tax. True?

Hi, I'm in the process of remortgaging my house to put the loan in my name solely and to remove my boyfriend from the deed/title. The mortgage company is telling me that there is a transfer tax for the transfer of the deed, but I'm already on the existing deed; is it true that I also have to pay... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 24, 2020

There is a realty transfer tax that will be assessed when you record the deed.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: My mother and I own are home as joint tenants with the right of survivorship. My mother has past and I am still

In it and dont plan on selling,my brother is the executor of the estate and he has canceled all policies including the homeowners has taken all paperwork for the house including the deed and canceled all the protection plans we had on are home. Is he allowed to do this

Elizabeth Tarasi
Elizabeth Tarasi answered on Mar 4, 2020

Who was paying for the insurance? You can go out and purchase you own insurance and protection plans. The home is yours.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Our commercial lease agreement was signed almost a year ago, but we still have not been granted occupancy.

Is there anyway that the lease could be void or broken due to the length in time and the long wait period that we are losing for business opportunities?

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

Your answer likely lies within the lease terms, so you should review your lease carefully. If you're having trouble with that, then seek the assistance of counsel.

If the lease terms offer no guidance or solace, then you could most likely file a claim for breach of contract (since you're...
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1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: When can you be required to pay an attorney engaged by someone else?

A divorcing couple owned two houses. They agreed that Party B would get the better house and Party A would take their small and run-down first house. Party A could not get a mortgage for the property because too little was still owed on the original loan and nobody would write a mortgage for that... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

Party B may want a helicopter too. Should Party A pay for it?

Sounds like Party A is not liable to pay the attorney bill because Party A never contracted with the attorney for legal services . . . but sounds like Party B did. So don't pay it.

Best of luck to you.

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: In Phila, Can a homeowner whose home is being auctioned due to a tax lien, legally sell their home During this process

This is specifically for the Philadelphia sheriff sales, tax liens as opposed to mortgage foreclosures. Can the homeowner sell the property before it goes to the auction.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 8, 2020

Your legal obligation is the standard real estate sales contract is to deliver clear title (free of liens, encumbrances, and title defects) at the closing/settlement of the sale. The taxes will be paid by the escrow agent at time of settlement, so that the property is delivered to buyer free of... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: We are in contract to purchase a house and just found out it’s a short sale We are about a month into the process,

All inspections and negotiations completed Just found out yesterday it’s actually a short sale And they want us to signs short sale addendum Is this something that had to be disclosed at time of offer? Is there anything we can do at this point? We have spent over 2000$ in addition to our... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Feb 6, 2020

This is not unusual. No it does not have to be disclosed at the time of offer.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: My friend has been living with her boyfriend for 10 years. She wants to have him leave. His name is not on the mortgage

but his name is on the deed. what should she do so she does not lose her house

Nellie T Schulz
Nellie T Schulz answered on Feb 2, 2020

If the two persons are not married and they are the only ones named as “Grantees” on the deed, then either may attempt to negotiate to buy out the other’s interest in the house, but if they cannot agree on a price or how to divide the proceeds, they may go to court to have the court... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Northwestern, P.A. I want to confirm My understanding of the law n looking for 2 case laws to look up.

In P.A. The landlords need to wait for the time frame they gave in the “notice to Evict”, before going to the court to File a “Writ of Possession. My understand is Yes. If my hunch is right, can you be so kind as to let me know to case laws to look up, please. Thank you

Elizabeth Tarasi
Elizabeth Tarasi answered on Feb 1, 2020

In Pennsylvania, a law called the Landlord/Tenant Act tells landlords what they must do to evict a tenant. The landlord has to follow this law no matter the reason for the eviction. (This law may not apply if you are staying in a rooming or boarding home, or are a guest in a hotel/motel.)

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on
Q: My fathers house is in his will, he has had a stroke and may have to sell his house. What does that mean for the will?
Mark Scoblionko
Mark Scoblionko answered on Jan 29, 2020

A lawyer would have to review the Will. Generally, if the bequest is specifically limited to the house, since the house would no longer be part of the estate, the bequest becomes meaningless. If, however, the bequest is meant to include the proceeds of sale (which would be unusual), the recipient... Read more »

2 Answers | Asked in Real Estate Law and Probate for Pennsylvania on
Q: Can a child reside in a deceased parent's home, leaving the deceased parents name on the deed and continue to pay school

taxes and property taxes in deceased parent's name?When child gets short certificate, fo they have to report real estate if it's value is $6000?

Can a child continue to live there?

Vincent Gallo
Vincent Gallo answered on Jan 28, 2020

Doing this alone will not denote ownership of the real estate.

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1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

3 Answers | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: My deceased husband inherited property in Green County, PA. I think I am the heir. Would I be liable for any debts?

I do not how to proceed. The property is 300+ acres.

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 17, 2020

You could be. I need to know more about the matter. Please feel free to call me 412-391-7135 or email me emt@tarasilaw.com

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm selling a property and the buyer agreed to make the closing on or before February 2nd. But she wants to delay it.

[deleted]

Cary B. Hall
Cary B. Hall answered on Jan 13, 2020

I'll be frank with you: if you want an experienced attorney to review a contract for you, you're going to have to pay for his/her time to do so. Probably a few hundred dollars when all is said and done -- and well worth it to have competent legal advice. I'd be surprised if any attorney here... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Pennsylvania on
Q: When you get a mortgage in PA, is the mortgage company always listed on the deed
Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 6, 2020

No. The mortgage is recorded and is indexed on the property and the person who took the mortgage on the property.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I will be renting my father in law house, he will be leaving the house in Jan 17 and we then will start the lease.

Do we have to pay the whole month for January? He wants us to pay 2,000 by January 17 for Security deposit and rent, also the house has a basement and my brother in law rents it and will be paying my father in law but will be using water and electricity which will be in our bill. Please help me... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

Sounds like your problem is that you don't have a written lease - and that's why you have unanswered questions. A written lease will explicitly set out the lease term (when it starts, and ends, and for how long). A written lease will also determine on what date your rent is due, and what security... Read more »

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