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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Married couples owns Maine real estate with a third party. Do they own 1/2 or 2/3?

One married couple plus 3rd party. Sorry for typo.

Anthony M. Avery
Anthony M. Avery answered on Nov 4, 2021

You have to read the actual Deed and see what Estates are conveyed. Sometimes a

Title Search is necessary. If nothing else is stated, usually the married parties own as Tenants By The Entirety, which would be of one half, and the third party owns as a Tenant In Common of an Undivided...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Intestate estate, brother is the Administrator and lived with the deceased, who has no spouse or children.

There are a nephew and niece who had preceded their parents. They have been estranged for decades from the the brothers. Nephew wants his 1/4. Niece just had her accountant by email saying the niece "wants no communication with the entire family. "I emailed back saying I asked the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

It sounds like an Action for a Sale For Partition is in order. Once Heirship is determined, one or more Heirs should file the Action against the others. Hire a competent PA attorney that knows real property litigation. Hopefully the lawyer can be paid through sale proceeds. In this case,... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Sister's partner died. The mortgage is in his name. They're together 28 years but not married. She's not sure whats next

Payments not late. 22k payoff. She's on social security disability.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

A big problem as Pennsylvania doesn't recognize common law marriage. Also, that wouldn't even apply if they didn't hold themselves out as husband and wife. In whose name is the property? If it's in the partner's name, the property goes to his estate.

Did he have a...
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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Arbitration - Buyer (Real estate)

sold a property two months ago.. the property was inspected thoroughly and signed off by the community inspector 2 days before the sale deed was closed. I also replaced any/all damaged items and got the property cleaned. Additionally, I also informed the buyer (before the sale deed closed) via... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 8, 2021

Hire an attorney

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Real estate - buyer threatens to sue on the grounds on incomplete information before sale of property

I sold a property two months ago.. the property was inspected thoroughly and signed off by the community inspector 2 days before the sale deed was closed. I also replaced any/all damaged items and got the property cleaned. Additionally, I also informed the buyer (before the sale deed closed) via... Read more »

Nellie T Schulz
Nellie T Schulz answered on Oct 8, 2021

You don’t say what the buyer has done to “threaten” to sue you, so I can’t address that. There isn’t anything for you to do unless and until the buyer files a lawsuit against you. In the mean time, don’t reply to any emails, voicemails, phone calls, text messages or to anything on... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Pennsylvania on
Q: My landlord doesn't want to renew my lease. She just gave me the letter and wants me out in 4 days. Is this legal?
Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

The Landlord has to give you notice equivalent to the term of the rental. If it's weekly, a weeks notice. If monthly, a month's notice.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

Mark Scoblionko
Mark Scoblionko answered on Sep 20, 2021

No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared,...
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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Pennsylvania on
Q: We bought a house and sign Wednesday. There was previous tenants with no lease but junk everywhere? What can we do?

We are purchasing a property on Wednesday. The previous tenants were friends of the owner but had a falling out. There was no written agreement and they have moved everything in the house out but still have old junk cars and tires everywhere. When we sign on Wednesday do we consume ownership of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

You can decide not to go through with the sale if your agreement of sale says the seller has to get rid of stuff. Or you can ask for an adjustment in price because you have to get someone to haul off the cars. You need to have the seller state that he has notified them and accepts any claim the... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Can a owner change their mind about renewing a lease after they emailed you saying they are preparing a new lease?

Owner agreed to extend lease for another year via email and then texted 2 weeks later stating that they will only extend for another six months even though they promised to extend for an additional year.

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

Unless they had formally contracted with you I don't see a claim to holding them to a year. If the six months meet your terms and you want to stay, sign the six months and look for a place.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Moved out from apt in April-still waiting for security deposit that was made 37 years ago

Plus, shouldn't there be interest accrued in 37 years?

Peter N. Munsing
Peter N. Munsing answered on Sep 13, 2021

You should send a written request, certified return receipt requested.

If you don't get it you have both an administrative and a court remedy.

Best of luck!

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: i live in pennsylvania my dad lives in north carolina he wants to tranfer a deed into my name can we do that in pa
Nellie T Schulz
Nellie T Schulz answered on Sep 10, 2021

Mr Avery has provided you perfect advice.

I would add only that both Pennsylvania and Florida have seen an extraordinary rise in the number of fraudulent deeds, so don’t be surprised if the acknowledgment and recording processes have new, strict rules.

If the property is...
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1 Answer | Asked in Real Estate Law and Agricultural Law for Pennsylvania on
Q: How can you determine if a Right-of-Way is "express" or "by necessity?"

We bought a house, there was a farm lane designated as right-of-way to another parcel owned by the sellers. When they sold the land, they sold the back parcel separately, this parcel had a deed mentioning the right of way but no other details other than it is 50 feet.

The new owner of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

Express Easements are encumbrances granted in a Deed of Easement, in the legal description of the servient tenement's Deed or its chain of title. Easement of Necessity arise by landlocked parcels and tracts. It appears the subject Easement also exists by Prescription. If you block the... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: how long would a short sale take approx (months) in Pennsylvania if you have a 1st & 2nd mortgage and a lein on average?

Allegheny county

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 4, 2021

To complete a "short sale", you need to procure the consent of the mortgage holders. Both of them, because your buyer will want to take legal title free of all liens and encumbrances. In other words, you need to persuade both lenders that the best way for them to be repaid is from a... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: My 90 year old mother listed her house for sale with Realtor A for $89,900. I told her the asking price was too low.

I called Realtor B and was told her house should be worth "in the $120,000s". My mother promptly called and cancelled the original listing. (they agreed) Realtor A hadn't yet taken any pictures or even put the listing in the MLS. My mother listed with Realtor B for $124,900. The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

you need to read the agreement. Unless it was formally terminated, she cant just switch without consequences. The second broker should have asked her/you whether you had a previous listing, and made arrangements. So start with #2 broker.

1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I have the opportunity to buy a house thats in bankruptcy chapter 13 thats my moms. What can i do or how can I buy

Buy seeing she in bankruptcy

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I recently sold a home. One day after closing the buyers claimed that the refrigerator did not work. When I was last

in the home the day before closingthe refrigerator worked with the exception of the water dispenser (it was disclosed). The buyers walked through the home 30 minutes before closing. They now claim I have to pay 450 dollars to fix the refrigerator. Am I responsible?

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

Talk to your realtor. I would say it was sold as is, and if it goes down after it's in their hands it's their repair.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: I rent and the tenants above me have been smoking indoors. The smoke odor is coming in to my apartment through the vents

I have reached out multiple times to the leasing office, but they have not helped. It's becoming unlivable for me - giving me a constant headache - and the smell is seeping into my furniture and clothes. What can I do?

Mark Scoblionko
Mark Scoblionko answered on Jul 15, 2021

Your best bet is probably to move at the end of your lease. If your lease goes for an extended period, see if the landlord will allow you to leave early without a penalty.

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: How can I waive my rights to a real estate property I am getting with my unmarried partner?

I am entering a mortgage with my girlfriend, who solely put down the deposit on the house we are getting. I am on the mortgage only because my income was needed. For all intents and purposes, I am a tenant, not a homeowner. How do I waive the rights to the property to ensure that it is only in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

If you sign the Note then you owe it. If are not a grantee on the Deed, then you own nothing. Hire a PA attorney now before you make a very serious mistake.

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