Category: Real Estate / Property
Tenant Estoppel Certificates
What is a Tenant Estoppel Certificate? To answer that question we must first explore the legal and equitable notion of “estoppel”. Simply put, estoppel is a time-honored principle of the law that a person cannot take a position which is inconsistent with a prior action… Continue reading
No Good Deed Goes Unpunished — Landlords Protect Yourselves
You only have to get burned once to realize that trying to be a benevolent landlord can cost you a lot of money and sleep. I represent large landlords, which lease hundreds of residential units, and they are keenly aware that, while it is important… Continue reading
Spot Assessments and Appeals by Local Bodies
In past articles, we have published notices of deadlines for property owners to appeal real estate assessments where they believe the assessments to be too high. What if, due to changing market values or other causes, the assessment is too low? Real estate assessments are… Continue reading
Update on Pennsylvania Home Improvement Consumer Protection Act
In our Summer 2009 Newsletter, we discussed in detail the new Pennsylvania Home Improvement Consumer Protection Act, which requires contractors performing home improvements to register with the State. The Act also requires that certain terms be included in any home improvement contract, and prohibits certain… Continue reading
Legislature Resolves Landlord’s Dilemma Regarding Abandoned Property
In the past, we often received calls from landlord clients about what to do with personal property that tenants have left on the leased premises. In many cases, the landlord had already arranged for a new tenant and was not certain about his or her… Continue reading
What Happened to My Mechanic’s Lien?
In this economy, contractors and subcontractors occasionally decide to file a mechanic’s lien claim without any assistance from a lawyer. When it works, I am sure there are high-fives throughout the office with someone invariably questioning why the involvement of a lawyer would ever be… Continue reading
Legislature Further Clarifies Rules about a Municipality’s Release of a Developer’s Improvements Mon
When a municipality approves a new subdivision or land development, the law requires that the developer post financial security to guarantee completion of public improvements (roads, curbs, sidewalks, sewer and water lines, etc.). Financial security may be posted in various forms, including an escrow account… Continue reading
Builders of Homes Liable to Subsequent Purchaser for Breach of Warranty of Habitability
Pennsylvania case law had previously decided that there is an “implied warranty of habitability” for new homes purchased from a builder. An “implied warranty of habitability” is an assurance that the home is suitable for human living. The courts extended that… Continue reading
PA Lawmakers Help Developers by Extending Permit Deadlines Again
In a prior article we reported that in July, 2010 the Pennsylvania Legislature adopted a law that extended until July, 2013 the expiration date of certain permits and approvals related to real estate development. Before the Pennsylvania Legislature recessed for summer break this year, it… Continue reading
Union Labor and Mechanics Lien; New Risks for Now
In a case of first impression that is widely viewed as a departure from established law, the Pennsylvania Superior Court has held that the trustee of a union benefit fund has a right to assert a mechanics’ lien for unpaid union benefits owed by… Continue reading