Litigation

By: Nancy J. Glidden

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.

For more information, contact Nancy Glidden.

By: John K. Fiorillo

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.

By: Donald C. Turner

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.

By: Nancy J. Glidden

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.

Welcome to the Litigation Section’s blog. Our firm is located in West Chester, Chester County, Pennsylvania, and Phoenixville, Chester County, Pennsylvania. This blog is intended to provide a litigator’s perspective on a wide range of specific legal issues, along with commentary on emerging legal trends. The content is intended to be useful to individuals and small businesses wanting to learn more about exposure to liability, avoiding liability, the process of civil litigation, and alternative dispute resolution options.

Disputes arise in a variety of settings. Our team of litigators is experienced in contract and business disputes, employment, real estate, banking and creditor’s rights, construction, mortgage foreclosures, commercial leasing, and estate and orphan’s court matters.

We invite you to bookmark and visit this site regularly, or you may use the box on the right to subscribe and receive regular email updates as site content changes. You can choose to receive updates through RSS feed or regular email. Should you have a specific legal concern that you need legal assistance in resolving, you are encouraged to contact us for an appointment and consultation.

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Brian D. Boreman

James C. Dalton

Daniel P. Dwyer

Nancy J. Glidden

John K. Fiorillo

Daniel M. Hanifin

Stephen P. Lagoy

Shannon M. Reilly

Christopher L. Turner

Donald C. Turner