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Pennsylvania Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Legal Malpractice for Pennsylvania on
Q: What is legal malpractice and is the firm responsible?

In short, wife inherits a house in Pa. from a friend that passed. She gets a lawyer in Pa because the estate is based in Tn. For over a year the Pa lawyer told her things that were not true, didn't file taxes, didn't file for the deed, etc. etc. even with my wife and the lawyer from Tn.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

The fee dispute resolution committee, but I'd suggest get another attorney then decide about the malpractice --certainly file a claim to protect yourself as to the money etc.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: I'm looking to purchase a flippable LLC, as my second LLC. Do i need to purchase a EIN ?

I' m real estate investor, im using the second LLC to close one deal. I will not need to attach a bank account to this LLC

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You don't generally purchase an EIN but file for one. You should discuss with an accountant how best to structure your deals.

1 Answer | Asked in Contracts and Real Estate Law for Pennsylvania on
Q: I have to Give my apt 60 day notice if l’m not renewing my lease. They are charging me full month rent for late notice?

I live in Tennessee

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

The 60 day period came from somewhere. If it says in the lease 60 days notice that implies if you don't they may charge you.

As to the paper work did you make a copy? Do you at least have it on your computer? If you can testify you handed them the notice or hand delivered it that...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: 2 days to make a decision my mom passed away just 3 days ago And being told I have to be out by the 30th of April!

I was my parents Dural power of attorney since July of 2019, they renewed the year lease on October 1st of 2019 sadly he passed away just 19 days later my mom is an amputee can’t care for herself or be left alone she had Ben in out of hospital the office was closed due to covid as we are asked to... Read more »

Cary B. Hall
Cary B. Hall answered on Apr 16, 2020

There's great information here for you: http://www.phillytenant.org/. Check it regularly.

Best of luck to you.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Can I file an Affidavit of Heirship to receive a property my mom owned; she died with out a will. It is worth 140K.

I am an only child and the property is in Pennsylvania.

Elizabeth Tarasi
Elizabeth Tarasi answered on Apr 15, 2020

Are you her only heir? You should’ve able to open an estate and transfer the property from her estate to yourself.

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3 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Pennsylvania on
Q: Question below

My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »

Mark Scoblionko
Mark Scoblionko answered on Apr 14, 2020

I agree that you need a “professional opinion,” which means that you should engage a lawyer to look into the situation and give you advice.

From your brief description, it sounds like there may have been a mortgage against the property, unpaid taxes or a judgment that was not paid, any...
Read more »

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1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: can I back out of land purchase agreement?

I signed an agreement to purchase land on 3/25. I sent $1000 deposit check to sellers realtor. Due to virus difficulties, I need to back out. Is there any way to have that money refunded and legally back out of agreement?

Cary B. Hall
Cary B. Hall answered on Apr 7, 2020

Probably - but the answer lies within the agreement. There's probably a clause in your document known legally as a "force majeure" clause, which lets parties out of the deal if crazy, unforeseen circumstances occur. You'll probably need a legal eye to review the actual... Read more »

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... 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.... 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... 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...
Read more »

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.)

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