Litigation

Watch John Fiorillo as explains the Uniformity Principle.

Owners of commercial and residential real estate should watch this informative video to learn more about the Uniformity Principle. Property values have decreased over the past few years. If you believe your property is assessed at a rate higher than its fair market value, contact John Fiorillo for information on how you might be able to reduce your property tax bill by filing a real estate tax appeal.

Attorney John Fiorillo is a partner in the firm of Unruh, Turner, Burke & Frees, PC., with offices located in West Chester, Malvern and Phoenixville, PA.

By: Daniel P. Dwyer

Contractors, subcontractors and material providers have various legal remedies for protecting themselves against general contractors and/or property owners who fail to pay for construction services and materials. One of these remedies is the Pennsylvania Mechanics Lien Law. This law permits contractors, subcontractors and material men, under some circumstances, to place a lien on the real property for which they provided work or materials for which they were not paid. Although the statute is essentially in the same form as it was when originally enacted in the early 1900s, and so can be difficult to navigate, significant changes were made in 2007 and, more recently, in October 2009. To view a more in depth discussion about the recent amendments, please click here.

Please contact Daniel Dwyer for more information.

By: Christopher L. Turner

It cannot be denied that the struggling economy has adversely affected the real estate market. As a result, some sellers of residential real property who are desperate to sell their property are failing to disclose known defects with their home. These defects cover a broad range and include, but are not limited to defects with the Seller’s roof, basement, water/sewage systems, plumbing, electric, heating and air conditioning as well as damage to the structural integrity of the home caused by termite infestation. Buyers damaged by such defects are naturally wondering “what can I do?”

If you have recently purchased residential real property and have been affected by defects to such property, you should be aware of the Pennsylvania Real Estate and Seller Disclosure Act (the “Act”) and its underlying rationale. Under the Act, a Seller who intends to transfer an interest in real property is required to disclose to the Buyer any material defects with the property which are known to the Seller by completing all applicable items in a property disclosure statement. The Act requires that such seller property disclosure statement be provided in all residential real estate transfers except for certain fiduciary transfers and transfers of new residential construction that have not been previously occupied and have been inspected for building code compliance and received a certificate of occupancy or code compliance.

A Seller of residential real property will be liable in the amount of actual damages suffered by the Buyer if such Seller willfully or negligently violates or fails to perform any duty prescribed by the Act. However, a Buyer’s action for damages against a Seller for violations of the Act must be commenced within a certain time period that begins to run from the date of final settlement on the affected property.

In addition to a cause of action under the Act, liability may also be imposed under alternative legal theories. There may also be causes of action against the Seller’s Agent and/or the Buyer’s Agent. Such options should be discussed with an attorney.

For more information, please contact Chris Turner in our litigation department.

By: Christopher L. Turner

In these challenging economic times, commercial landlords need to be mindful of the advantages of Confession of Judgment Clauses. These clauses permit a landlord to obtain a judgment either for money damages or for eviction against defaulting tenants without the need of a trial.

Additionally, priority of the judgment is established as of the date the judgment is confessed.  As a result, at the time of entry into new leases, landlords should attempt to obtain clauses permitting Confessions of Judgment for both money damages and in ejectment. Similarly, in the event a landlord is confronted with a defaulting tenant, the landlord should review the lease agreement and determine whether he or she has a Confession of Judgment Clause contained therein. If it is available, it can prove a very effective mechanism or collecting money and/or possession of property.

Whether initially drafting such clauses or seeking to enforce them, extreme care must be taken by the landlord.  Because these provisions provide prompt mechanisms for executing upon a judgment and without need for a trial, the courts routinely require strict adherence to Pennsylvania Law and its civil procedure with respect to their interpretation and enforcement.  In summary, if carefully drafted and strictly followed, these clauses provide a landlord with one of the more effective remedies available to him or her when dealing with a defaulting tenant.

For more information about Confessions of Judgment, contact our office.

By: John K. Fiorillo

In this economic climate, chances are the assessed value of your home is higher than it should be. Your assessment should represent a specified percentage of your property’s fair market value. In Montgomery County, Pennsylvania, properties are supposed to be assessed at 54% of their fair market value. In Chester County, Pennsylvania, properties are supposed to be assessed at 53% of their fair market value. In Delaware County, Pennsylvania, properties are supposed to be assessed at 63.1% of their fair market value. If your current assessment represents a higher percentage of the fair market value, you are a candidate for an annual assessment appeal. An appeal filed now will impact your taxes starting in 2010. The deadline for appealing is rapidly approaching. For Chester and Delaware Counties, the annual appeal deadline is August 1, 2009. The annual appeal deadline for Montgomery County is September 1, 2009. Click here for your county’s assessment website:Delaware County,Pennsylvania, Montgomery County, Pennsylvania,or Chester County, Pennsylvania.

To view an article in the Wall Street Journal on how one property owner in California lowered her tax bill by more than $1,000. Click here.

My office is located in West Chester, Pennsylvania. I am a shareholder in Unruh Turner Burke and Frees. I have successfully helped many Chester, Delaware, and Montgomery County, Pennsylvania residents successfully challenge their property assessments and reduce their real estate tax burden. I would be happy to do the same for you. For more information on whether you are a candidate for an assessment reduction, please contact our office.

By: Donald C. Turner

Many Chester County residents use their property, in whole or in part, for various types of equine activities. Regardless of whether the use is of a personal or a commercial nature, these activities pose a variety of risks to property owners, horse owners, riders and trainers. As a result, those involved in these activities should carefully consider what they can do to minimize their exposure to liability and to provide for insurance.

Please read this larger article on preventative measures that you can take to protect yourself from the various risks associated with equine activities.

For more information on Equine Law or any type of property owner liability, contact Donald Turner.