BUSINESS & REAL ESTATE

An easement is the right to use the property of another for a specific purpose. It is important to note that an easement grants a right to use, not any ownership. If you are considering purchasing property, it is important that you determine whether there are any easements of record. If you have any concerns regarding an existing easement, creating an easement, or terminating an easement, I invite you to schedule a free consultation with me!  

 Any person selling real property such as a house is required to complete a disclosure statement. The seller must disclose to the buyer all material defects about the property that are known to the seller but would not be readily observable to the buyer. These disclosures must be completed before the sale is completed. Although there are statement forms that are commonly used by sellers, any disclosure statement must comply with the statute. (68 Pa.C.S. §§ 7301-7314). The term “material” can be somewhat ambiguous. In general, the seller must disclose things like rot, water damage, termite treatment, plumbing problems, and electrical issues. Additionally, if the sale includes appliances or fixtures, then the seller needs to disclose any material issues with those as well. I  

 If it is not in the lease, then it doesn't exist, right? Well, that's not always the case! 

The Pennsylvania Supreme Court has held that all residential leases have an "Implied Warranty of Habitability". This means that every landlord implicitly assures their tenants that the home is safe and sanitary. This warranty cannot be waived. If you are a tenant that believes that their home is not in compliance with this warranty, it is critical that you alert your landlord as soon as possible and keep written documentation. Alerting your landlord protects your right to later withhold rent or hire someone to repair the property and deduct those costs from your rent payments. If you are a landlord or tenant with questions about the Implied Warranty of Habitability or any other landlord/tenant issue, feel free to give my firm a call and we can discuss it further!  

Many residential lease agreements contain a joint and several liability clause which essentially means that each tenant on the same lease can be held jointly liable for a roommate's unpaid rent, even if your rent is entirely up to date. Likewise, you can be required to pay for damages caused by a roommate, even if you had no responsibility for causing the damage. This is one reason that it is important to have an attorney closely review any lease before you sign, particularly college rentals.  

Did you know that there is more than one kind of deed? 

In fact, the type of deed that you have can have an immense impact on your rights and liabilities if something were to be wrong with the property. The most common types of deeds are the general warranty deed, the special warranty deed, and the quitclaim deed. 

The general warranty deed offers the property buyer the most protection. Under this deed, the seller promises to defend the buyer against anyone who claims to have superior rights. 

The special warranty deed is the most common deed for property in Pennsylvania. Under a special warranty deed, the seller only promises to defend the buyer against claims of superior ownership coming directly from the seller. 

Finally, the quit claim deed offers the buyer the lease amount of protection. Under a quit claim deed, the seller simply disclaims their ownership but does not make other guarantees. 

Whether you are purchasing a home or selling a home, it is important that you understand what is being promised through the deed. I invite you to give my firm a call and I will be more than happy to talk with you!