The Granger Firm | Real Estate Attorneys, Paoli, Chester County, Pennsylvania

Hot Topics
Stucco Litigation and Leaking Homes
Today's real estate market is being impacted by what is commonly referred to as the "stucco problem", where owners of houses that were built with stucco siding systems face issues with the potential (or actual) water leakage around windows, doors or other entry points.
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Transfer Taxes
The majority of transactions involving the transfer of real estate in Pennsylvania are subject to transfer tax. It is the recording of the applicable document (most often a deed) that triggers the transfer tax. It is a tax, not on the person, but on the property transferred, with each party to the sale (seller and buyer) technically being responsible for making sure the tax is paid.
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Transfer Tax and Assigning an Agreement of Sale
Beware of Assignments of Agreements of Sale. It has been common for buyers of real estate to sign an agreement of sale and after performing due diligence, assign the agreement of sale before closing to a single purpose entity, such as an LLC (whose sole purpose is to hold ownership of the real estate being purchased).
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Partnership Disputes in Troubled Real Estate Deals: Litigating the Blame Game
One of the many types of fallout from the real estate economy is the breakdown between partners who started a real project in better times, only to find themselves arguing and then litigating who is to blame for the failed real estate deal. Typically, disputes center on any one or more of three issues.
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Important Recent Cases
Murder/Suicide Not Required to be Disclosed to Buyers of Real Property in Pennsylvania
In this case, the Pennsylvania Supreme Court held that purely psychological stigmas (including those resulting from murder/suicide) are not required to be disclosed to buyers of real property in Pennsylvania under the Seller Disclosure Law.
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No Implied Warranties to Subsequent Home Purchasers
The Pennsylvania Supreme Court held implied warranties received by buyers of newly construted homes do not transfer to subsequent purchasers.
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Formal Agreement of Sale Not Required to Enforce Land Sale
In this case the Pennsylvania Superior Court held that a document was sufficient to create a binding agreement of sale despite the fact that it specifically stated that an agreement of sale would be entered into.
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Return of Deposit When Buyer Elects Not to Proceed with Commercial Agreement of Sale
Wawa, Inc. agreed to purchase from Defendants three contiguous parcels of real estate for $4,000,000.00 and deposited $150,000.00 toward the purchase price to be held in escrow.
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Failure to Disclose Defects in House; Fraud; No Knowledge by both Sellers
The closing occurred on December 2, 2002. After closing and moving into the property, the buyer discovered water leakage in the basement, which was not disclosed by either of the sellers prior to closing
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Frequently Asked Questions
Question:
Does someone selling a house "AS-IS" still have to fill out a seller's disclosure form in Pennsylvania?
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Question:
If a buyer changes his or her mind about purchasing a house just prior to settlement, can a seller force the buyer to complete settlement when the seller has no other buyers and needs the funds to complete its own purchase of a new home?
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Question:
If a buyer failed to obtain a mortgage for the purchase of a house because the buyer was unable to sell its current house, does the buyer get a refund of its deposit when the Agreement of Sale did not have a specific contingency in it for the sale of the buyer's house?
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Question:
Should buyers purchase title insurance?
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Question:
How much does Title Insurance Cost?
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