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The Granger Firm - Real Estate Attorneys Paoli PA Contruction Defect Litigation Representing Buyers - Sellers - Brokers Boundry Dispute Litigation

Article: Will a global pandemic excuse non-performance of an Agreement of Sale for the purchase of a home in Pennsylvania?

Firm News: The Pennsylvania Commonwealth Court recently ruled in favor of the firm's client and against the City of Philadelphia, granting title to the client to a parcel of land by adverse possesion.

Speaking Out: Mr. Scaggs presented at the at the "Title Insurance 101" webcast seminar on September 14, 2023 (get the on-demand video here). Mr. Granger presented at the "Real Estate Institute 2023" on November 30, 2023 (get the Year in Review on-demnd video here).
 

The Granger Firm Overview

Our Real Estate Practice

The Granger Firm actively handles residential and commercial litigation and transactions. From negotiating an agreement of sale to construction defect litigation, The Granger Firm serves its residential and commercial clients throughout Pennsylvania, including Chester, Montgomery, Delaware, Philadelphia and Bucks Counties.

Our Clients

The Firm's clients include real estate and commercial brokerages, title insurance companies, builders and developers, lenders, landlords and tenants, landowners, homeowner's associations, other businesses, and other individuals. The Granger Firm represents its clients in all Pennsylvania State and Federal courts, as well as before various regulatory bodies and municipalities.

Educators In Real Estate Law

Blair H. Granger, Esquire and David J. Scaggs, Esquire regularly lecture on real estate matters to other attorneys for the Pennsylvania Bar Institute, which is the educational arm of the Pennsylvania Bar Association and provides Continuing Legal Education to attorneys to meet their CLE obligations.

The Granger Firm Practice Areas

Browse Resources

  • 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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