Category: Real Estate / Property
Home Buyers: Beware of Quirk in Standard Form
Over the years a widely-used form created by the Pennsylvania Association of Realtors (“PAR”) has evolved to the benefit of buyers and sellers of residential real estate. What is helpful about the form is that it “reminds” brokers, when they are preparing the agreement… Continue reading
A Brief Review of Product Warranties for Sellers and Buyers
All of us have bought products that have come with warranties. Likewise, most of us, at one time or another, have made claims under warranties. Nevertheless, how such warranties work and the interaction of various “warranty laws” is not always obvious. Even if you did… Continue reading
Rental Losses for Real Estate Professionals
Many of you will read the title of this article and think, “but I am not a real estate professional.” While you may not think of yourself as a real estate professional, the IRS may consider you one based on your real estate activities. Recognizing… Continue reading
Pennsylvania’s Implied Warranty of Habitability
The implied warranty of habitability is probably the most used defense to payment of rent in the residential setting. In Pennsylvania the warranty dates back to 1979, when it was legislated into existence by the Pennsylvania Supreme Court in the case of Pugh v. Holmes. … Continue reading
Avoiding Conflicts Between Tenant and Landlord’s Bank
It is a standard provision in nearly every lease that the lease will be “subordinate” to the lien of any mortgage on the leased property. While there are variations on exactly what the lease might say and exactly what problems may arise, a tenant… Continue reading
A Second Look at Title Insurance
In Philadelphia and its adjacent counties, obtaining title insurance upon the purchase of real estate has become routine (not so as you go north or west of the area). This is especially so when there is a bank or other commercial lender involved in the… Continue reading
Why the “Housing Bubble” is Overhyped
Why the “Housing Bubble” is Overhyped The current flat trend in the housing market (actually a down trend in some areas) may not be as serious as the current crop of economic talking heads might have you believe. Those likely to feel the biggest effect… Continue reading
Disclosure to a Buyer of Residential Property
The doctrine of caveat emptor (let the buyer beware) in the sale of residential real estate has been eroded steadily over the years by changes in the law. One of the most significant changes has been an increased responsibility for sellers to timely disclose to… Continue reading
Whoops! There Goes Another Picture Window!
Whoops! There Goes Another Picture Window! Is you hook your drive off of the third tee into an adjacent residence’s backyard, have you ever considered your potential liability if it bounces off the homeowner’s head? It has become common in the past 25 years… Continue reading
Maximizing Landlord Recovery after Default
The course of action a landlord takes after a breach of lease depends on a variety of factors, for example, the time left on the lease, the rental market, the financial condition of the tenant (or the tenant’s guarantors), and the desirability of the premises. … Continue reading