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.
Watch Attorney John Fiorillo as he addresses ways to reduce your property tax assessment and tax bills and the reasons that your assessment might change.
This is the first in a series of videos for residents of Chester County, Montgomery County and Delaware County, Pennsylvania who need to reduce their personal or business property tax assessments.
A residential landlord who seeks to evict a tenant from leased premises must follow certain steps and procedures outlined in the Pennsylvania Rules of Civil Procedure and comply with the terms of Pennsylvania’s Landlord and Tenant Act. A landlord is not permitted to perform a self help eviction except against a trespasser in possession. Thus, resort must be made to Pennsylvania Courts to secure possession of premises if a tenant refuses to vacate.
The quickest and most cost effective method for removing a tenant from residential real property requires a landlord to file a Landlord/Tenant Complaint in the applicable Magisterial District Court. The complaint must be filed in the proper District Court and must be served upon the tenant in compliance with the rules of court. Once service of the complaint is properly effectuated on a tenant, a hearing date is set before the Magisterial District Judge.
If the Landlord prevails before the Magisterial District Judge, a judgment for possession will be entered. Thereafter, a Tenant has a limited amount of time to appeal the judgment to the Court of Common Pleas and if the Tenant elects to do so it must pay the monthly rent into court if the Tenant wishes to remain in possession during the pendency of the appeal.
The process for removing a Tenant from residential real property contains numerous procedural pitfalls that can further delay an already time consuming and expensive process. As a result careful attention must be given to assure the eviction is effectuated in compliance with all applicable legal and procedural requirements.
With the approach of Spring and Summer comes a more active residential real estate market. The process of buying or selling a home may have become just a little more complicated due to the recent decision handed down by the Pennsylvania Superior Court in Trowbridge v. McCaigue.
Buyers, sellers, and real estate agents need to be aware that, under certain circumstances, what is intended to be only an “offer to purchase” can instead be a legally binding and enforceable “contract for sale.” According to the majority of the Court in Trowbridge, this occurs when an “offer to purchase” real estate contains all essential terms. However, one of the judges, Justice Shogan, felt the majority ignored the plain language of the document as well as the intention of the parties. He indicated that what was clearly identified as a “purchase offer” was an “agreement to agree,” and it was not on its face intended or otherwise to be an express and binding contract.
To avoid the result that was obtained in Trowbridge, one lesson seems to be that when making an offer to purchase real estate, clearly specify that any essential terms referenced in the offer are intended to be the subject of further negotiations.
Every County in Pennsylvania conducts periodic sheriff’s sales of real estate. The sales are conducted in an auction format with open bidding. The properties at sale are being sold as the behest of a creditor attempting to recover money owed. While there are numerous opportunities, there also exist numerous risks. In order to minimize the risk, you will need to identify some of those risks.
Please read my article setting out some helpful tips if you are interested in buying a property at sheriff sale. Keep in mind that this article does not identify all potential risks. The first tip is to contact me for more information.
We can easily and quickly assist you in evaluating whether your property is over assessed. Your real estate taxes usually support your local school district, County and in many instances, your local municipality. Two things factor into your real estate taxes; your tax rate and your assessment. The tax rate is a political matter and one that only your local school board, county commissioners and municipal officials can address. The assessment is a different story. Your assessment is supposed to represent a specified percentage of the fair market value of your property. If you are assessed at a higher percentage of your fair market value than the average for your county, you should consider an appeal. You have the right to challenge your assessment on an annual basis. Usually, this is in the late spring or during the summer months. Each county has a different period for filing an annual appeal. We can quickly determine whether your property is over assessed and explain the appeal process. Simply pull out your current or most recent tax bill and call us with your assessment. It will be listed on your bill. If you do not have the bill available, we can look up your assessment for you and help you determine if you are paying too much. A simple phone call could result in significant savings that will compound year after year. Please contact John K. Fiorillo for more information.
In a recent post, we discussed the impact of Kvaerner Metals v. Commercial Union Ins. Co., 908 A.2d 888 (Pa. 2006), upon general contractors and others vis-à-vis the coverage afforded by commercial general liability policies for claims involving damage caused by faulty workmanship. In light of that decision, insurance coverage for such claims no longer exists. However, in response to the obvious gap in coverage that presently exists under standard CGL policies, insurers are beginning to offer endorsements that may bridge that gap and restore the protection that previously existed before Kvaerner and its progeny. Caution should be exercised, however, when evaluating whether or not to purchase an endorsement as certain endorsements may only offer limited protection and may be very costly. For more information on this topic, please contact our office.
If you are involved in the design, planning, supervision or construction of improvements to real estate in Pennsylvania, you should know that there are state laws that limit the time period to make claims based on defective design or construction and for injuries that arise out of design or construction defects. For more information on this 12-year statute of repose that provides significant protection to Pennsylvania construction and design businesses, read the full article that is posted on our website, or contact our office.
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.
In this difficult real estate market selling a home without using a realtor or attorney may seem like a good idea. The money saved, however, can easily be paid out in legal fees and damages if a seller fails to comply with certain statutory duties.
Did you know that in Pennsylvania, residential real estate sales require a homeowner/seller to provide a Real Estate Seller’s Disclosure? Conversely, if you are buying a home, have you been provided with a Real Estate Seller’s Disclosure?
For a seller, failing to comply does not invalidate the sale, but it does expose a seller to liability for damages sustained by a buyer. For a buyer who purchases a home without having received a proper disclosure, unanticipated expenses could mount to repair problems with the home that should have been disclosed prior to the sale. Often these matters wind up in litigation.
If you do not know what a Real Estate Seller’s Disclosure is, how to complete one to properly discharge your disclosure duties, how to interpret a disclosure that has been provided to you, or what to do if you are experiencing problems with your home that were not disclosed, you may want to consider consulting an attorney.
For more information on the legal rights and responsibilities associated with residential home purchases and sales, contact our office.
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