Home Inspection Contingency Periods
The buyers entered an agreement to purchase a property with an external insulation finish system known as Dryvit. Upon inspection of the Dryvit, the report noted a few areas that were suspect for some moisture infiltration. The buyers decided to submit a corrective proposal asking the sellers to engage a specialist to conduct a “further evaluation” of the Dryvit and to undertake any “necessary repairs.” After being disappointed with specialist’s report of the Dryvit, the buyers decided to terminate the Agreement of Sale outside of the contingency period.
Real Estate & Land Use
Take My Advice . . . Please Get a Home Inspection Before You Buy
I was helping an old friend of mine’s son and daughter-in-law with their home purchase. The house that most caught their fancy, and the one they eventually purchased, was a flip. Now, I have a lot to say about flipped houses, primarily based upon the volume of litigation that I have handled arising from the purchase of flipped homes. For purposes of this story, let me just say that I was very concerned that my friend’s son and daughter-in-law would later regret their purchase or have serious problems. And so, I embark on my mission, full of advice.
Your Real Estate Seller May Not Have a Dime’s Worth of Recourse!
In those good ole days of real estate transactions, offers were also accompanied by deposit checks. There was no place on the standard agreement to accommodate today’s practice of transmitting deposits “within ___ days (5 if not specified) from execution.” It is evident from the many inquiries on this topic, that today’s practice leaves sellers vulnerable, for at least those first days. To protect sellers, the realtor practice of accepting offers, with a deposit, constitutes the sole remedy available to a seller in the event of buyer default.
Should I Have My Own Attorney for Residential Real Estate Transactions?
Buying a home will probably be the largest and most significant purchase you will make in your life. Having an experienced real estate attorney who will protect your interests can help you avoid problems with a home purchase or sale.
Access to Landlocked Property
For a property owner whose property does not adjoin a public road and does not have access either through an express access easement or by legal implication, Pennsylvania’s Private Road Act (the “Act”) offered the landlocked property owner a remedy.
Stormwater Management – The New Burden on Property Owners
It used to be the rule that rainwater runoff was not the responsibility of the landowner. The law recognized that water runs downhill. No longer. As EPA and the Pennsylvania DEP increase their emphasis on reducing pollutant discharges to the Chesapeake Bay, landowners are facing new legal and economic challenges.
Flood Insurance Reform Act
Homeowners in flood prone areas will face increases in flood insurance premiums under provisions in the Biggert–Waters Flood Insurance Reform Act, certain provisions of which went into effect in 2013.
Oil and Gas Act – Municipal Zoning Limitations
The Unconventional Gas Well Impact Fee Act among other matters required municipalities to amend their land use ordinances to allow unconventional gas wells which are used to extract natural gas in nearly every zoning district.
Contractor Guidelines
The Pennsylvania Home Improvement Consumer Protection Act is designed to protect homeowners from unscrupulous contractors and to establish penalties against contractors who violate the Act.
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