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Pennsylvania Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: I no longer wish to sell my house but the closing is in five days. What can legally happen to me?

Vincent Gallo answered on Jun 16, 2019

The purchaser could possibly elect to bring an action for specific performance so as to force you to sell the real estate to the purchaser. Alternatively, the purchaser could possibly ask for money to let you out of the deal, or lastly, the purchaser could ask for the deposit monies back and walk... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: FSBO Home seller looking to understand role and cost for real estate attorney to complete home sale in Mt. Lebanon, PA

Elizabeth Tarasi answered on Jun 14, 2019

Please feel free to give me a call. Completing a home sale depends upon the transaction and the work needed to be done. My office number is 412-391-7135.

2 Answers | Asked in Contracts and Real Estate Law for Pennsylvania on

Q: If you purchased a mobile home on a sales agreement and that agreement has been paid infull and no title

Bruce Alexander Minnick answered on Jun 14, 2019

If the entire debt has been paid--including any late fees--The seller is required to give you a title.

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1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on

Q: Is it legal to purchase the rights of someone’s life estate? (I.e: pay them weekly until they die for the rights)

Peter N. Munsing answered on Jun 12, 2019

Depends on how the will or deed was written--if it was a grant without qualification such as "so long as s/he shall have use of it" then yes. If it's qualified then likely no.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: I own my house in pa I have a noterized handwritten paper is it legal

Elizabeth Tarasi answered on Jun 6, 2019

If you own your house you should have a deed that is recorded and filed with the recorder of deeds where the property is located.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Does a property that has been purchased (vacant and not occupied) requires a certificate of occupancy in PA?

Elizabeth Tarasi answered on May 26, 2019

You’ll need to ask your local municipality.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Pennsylvania on

Q: Questions about ownership of a house

We have a house that was transferred from my grandparents. The deed reads as:

(Dad's name), a married individual, (my name) a single individual, (brother's name), a single individual, as joint tenants with right of survivorship and not tenants in common. (herein called "Grantees")... Read more »

Peter N. Munsing answered on May 23, 2019

JTWROS means whoever survives owns--it isn't something that an estate gets. So you are the owner. 2014/7 deals with a situation where the property isn't titles the way this was.

1 Answer | Asked in Estate Planning and Real Estate Law for Pennsylvania on

Q: In PA, are both spouses required to sign closing documents if only one spouse is listed on deed and mortgage?

Home is in name of spouse and deceased mother. Proceeds must be split between spouse and estate

Elizabeth Tarasi answered on May 19, 2019

Yes also you need to consult an attorney for this. While the property is in both name there are estate taxes that need to be taken care of and if you are married your wife has an interest. You really need to retain an attorney to get you through this transaction.

1 Answer | Asked in Real Estate Law and Small Claims for Pennsylvania on

Q: I have a considerable amount of trees along my neighbors border. He is ignorant, selfish and abusive. When my trees fall

down the wind direction usually blows the trees towards and onto his property. He takes this opportunity to threaten

and harrass me as I go about cleaning them up. These are not border trees, these are trees that grow from well within

my property. Can I drag the part that lays over... Read more »

Mark Scoblionko answered on May 6, 2019

You are obligated to remove everything. If he won’t let you enter his property, you will have to remove the trees by pulling them from your side.

Further, if the falling trees cause damage to his property, since you are already on notice, it will likely be your problem.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on

Q: Regarding a nonprofit entity, what is the law concerning first right of refusal with a property for sale?

I submitted a bid on a property that was being sold by another nonprofit agency and the real estate agent ignored our submission.

Peter N. Munsing answered on Apr 30, 2019

It's up to the property holder as to whether they wish to respond. Common courtesy would suggest they respond. You may always submit a bid to the officers /board of the non-profit. But like any seller, they may decline if it doesn't match their offer. An offer of sale is for a stated price. Most... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: How can a nonprofit file litigation for the improper involvement of a political official interfering with real estate?

Evan Charles Pappas answered on Apr 30, 2019

You should seriously consider speaking with a real estate attorney in the area where the real estate is located. There are many claims that relate to real estate and "interference" that should be considered based on the facts. Once the claims are determined, a Complaint would need to be filed in... Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Can my parents sue my cousin for leaving her empty double wide home on their property? Can they charge her lot rent?

Peter N. Munsing answered on Apr 26, 2019

Did they send her a notice to remove it? Generally the answer is yes, but they should notify her in writing if rent wasn't agreed to. They will want to get an estimate for the cost of removal. It's not a good idea for them to remove it.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Landlord wants lease with due dates 2 months in advance--July 1 for Sept., August 1 for October, etc. Is this legal?

Mark Scoblionko answered on Apr 13, 2019

It sounds like he has payment concerns.

If it is mutually agreed to, there is nothing illegal about it.

2 Answers | Asked in Real Estate Law for Pennsylvania on

Q: I moved back with my parents 17 years ago can I be forced out by my brothers when both parents gave died?

I have done all the yard maintenance and routine maintenance on the house.

I’ve paid all real estate taxes for those years. Totaling almost $4000.00 per year.

I was the care giver for both my parents when they couldn’t do daily functions

Mom died 28 months ago and dad... Read more »

Mark Scoblionko answered on Mar 31, 2019

If your father did not have a Will which left the house to you, the house goes into the estate. The house would then be sold and the proceeds divided among you and the other siblings. You have no choice about that.

If you hire a lawyer, you might be able to assert a claim against the...
Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on

Q: The seller of the property I'm buying passed away suddenly. Does the estate still have to go thru with the sale?

The seller did not have a will but was married. The wife was not on the purchase contract or property deed. Property is in Pennsylvania.

Elizabeth Tarasi answered on Mar 27, 2019

I would need to read the agreement of sale to give you an answer. I suggest you make an appointment with an attorney to discuss this.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: If I own a parcel of ground with 2 other people can I sign a lease agreement on the ground without one of the parties.

The lease was existing on ground but now up for renewal

Mark Scoblionko answered on Mar 21, 2019

Not unless you have a Power of Attorney that authorizes you to sign for the other person.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: My brother & I own a house that our mother lived in. She passed & I wanted it sold. He moved in.

Because his primary house is being foreclosed.

He said he was going to give me $500 a month until his house sells. How when it's in foreclosure? Can they put liens against the house we both own?

The deed says jointly with survivor ship. That means if 1 of us dies it goes to our... Read more »

Peter N. Munsing answered on Mar 18, 2019

survivorship--both living at time of mothers death means you split it. If one had died BEFORE the mother, the survivor would get it.

Ask for the $500 in writing.

Assume that if house is in foreclosure, he will only get money if it sells for an amount above the amount owed. Many...
Read more »

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Re. Pa Real Estate -- learned co-ownership of condo is tenancy in common.

When my sister refinanced her condominium in Mont Clare, PA, she added her boyfriend to the title. Wording as follows (quoting the format exactly but using pseudo names for privacy): Owner Name(s): “Doe Jane & Smith John.” She recently learned that the type of ownership is tenancy in common,... Read more »

Elizabeth Tarasi answered on Mar 3, 2019

File a corrected deed to state joint tenants with the right of survivorship. Yes both parties must agree and execute the deed.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: Re. PA real estate, joint tenancy with the right of survivorship, or simply joint tenancy:

When my sister refinanced her condominium in Mont Clare, PA, she added her boyfriend to the title. Wording as follows (quoting the format exactly but using pseudo names for privacy): Owner Name(s): “Doe Jane & Smith John.” The mortgage company told her this wording means that the type of... Read more »

Mark Scoblionko answered on Feb 26, 2019

If the deed does not specify that it is to be a joint tenancy with right of survivorship, the property is owned a a tenancy in common. Under those circumstances, the boyfriend can bequeath his half interest by Will or can convey it during lifetime.

1 Answer | Asked in Real Estate Law for Pennsylvania on

Q: 1) Three names on the house deed. Are we all equal owners ? 2) Can "two out of three" agree to sell the house ?

Mark Scoblionko answered on Feb 24, 2019

1. If the deed does not specify otherwise, yes.

2. No.

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