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Your Real Estate Seller May Not Have a Dime’s Worth of Recourse!
By Jim Goldsmith, Esq. 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,...
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. Residential real estate transactions involve the law of real property, which is unique and can involve issues that require an experienced real estate lawyer who is trained to deal with these problems. If you’re selling...
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. What Does Landlocked Mean? So, what does landlocked mean? Since the Act was adopted in 1836, the owner of landlocked property could petition the court of common pleas in the county where the property...
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 two challenges with regard to this previously minor concern. First, any development of land that increases impervious surfaces (roofs, sidewalks, parking lots) is now heavily regulated. The rules now require...
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 of 2012 (the “Act”), certain provisions of which went into effect October 1, 2013. For homeowners in designated areas, the National Flood Insurance Program provided federal subsidies for flood insurance premiums for flood prone properties since 1968. The purpose of the National Flood Insurance Program was to enable homeowners in flood prone areas to...
Oil and Gas Act – Municipal Zoning Limitations
On February 14, 2012, the Unconventional Gas Well Impact Fee Act (Act 13 of 2012) which amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes was signed into law by Governor Corbett. This Act among other matters required municipalities to amend their land use ordinances to allow unconventional gas wells, such as those associated with extraction of natural gas from the Marcellus Shale formation, as a permitted use in every zoning district and...
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