Mette, Evans & Woodside

What’s the Follow-Up?

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.

Mette, Evans & Woodside

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.

Mette, Evans & Woodside

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.

NPDES Articles (ALL)

NPDES Permit Basics

Part Four of Four
This is the last in a series of four articles about NPDES permits for Publicly-owned Treatment Works (POTWs). The first three articles in this series discussed Technology-based limits-—TBELs-—and Water quality-based effluent limits-—WQBELs-— in both numerical and narrative form. This article discusses what may be the most important aspect of Permits as they apply to Certified Operators: reporting. Because the reporting rules are so complicated, and because some NPDES permit provisions conflict with the regulations, this article cannot prescribe what to do in all situations. Attempts to obtain clarification from DEP have not been successful, although at the time of writing (fall, 2017) we have received some preliminary and informal comments that might result in revision of this article if they are affirmed by DEP administrative staff.

NPDES Articles (ALL)

NPDES Technology Based Effluent Limits

This is the third article in this 4-part series: [1] about NPDES permits for wastewater discharges from Publicly-Owned Treatment Works (POTWs). All POTWs are required by regulation to give a copy of the current NPDES Permit to all of their Certified Operators. Certified operators, in turn, are required by regulation to know what the Permit requirements are and report to the Owner when a violation is-—or is likely to-—occur. Hence, all Certified Operators should become familiar with the provisions of their permits. Because it is the most complex topic, we discuss effluent limits in the first three installments. The fourth article will explore reporting requirements.

NPDES Articles (ALL)

NPDES Water Quality Based Effluent Limits

In the first article in this 4-part series, we discussed “Technology-Based” Effluent Limits, or TBELs, for C-BOD, TSS, pH, fecal coliform bacteria, residual chlorine, and oil and grease. These limits are set by regulation and apply to all POTW discharges regardless of whether or not they are necessary to protect water quality.

NPDES Articles (ALL)

NPDES Technology Based Effluent Limits

Part One of Four
This is the first in a series of four articles [1] about NPDES permits for wastewater discharges from Publicly-Owned Treatment Works (POTWs). All POTWs are required by regulation to give a copy of the current NPDES Permit to all of their Certified Operators.

Have Questions about Commercial Real Estate Valuation?

Selling? Buying? Refinancing? Tax Assessment Appeal? Condemned?
When establishing a value for commercial real estate, a qualified and experienced PA Certified real estate appraiser is essential. You should engage a professional appraiser who has been certified as a MAI, SRPA or SREA and will comply with the Uniform Standards of Professional Appraisal Practice.

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.

Responding to Cell Tower and Similar Lease Offers

Since agricultural land, almost by definition, is located in rural, sparsely-populated areas across the state, often in townships with loose, or even no, zoning requirements, many such landowners will be approached by a telecommunications company to lease a small portion of their land to construct a cellular tower and related equipment.