Transactional

By: Denise C. Werkley

Today, April 22, 2010, the final portion of the Environmental Protection Agency’s Lead Paint Renovation, Repair and Painting Rule takes effect. All contracting firms performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must now be certified, use individuals with accredited training and must follow specific work practices to prevent lead contamination. To become certified, your firm must submit an application and fee payment to EPA and you must ensure that each of your employees working with lead paint is properly trained. In addition to the certification, the owner of the property must be provided with certain disclosures and you will need to properly document receipt. For more information on the new lead paint rules, please contact Denise C. Werkley.

The application and more general information about the Lead Paint Renovation, Repair and Painting Rule can be found at the Environmental Protection Agency’s website.

By: Nancy J. Glidden

Read my recent blog about real estate on “offer” vs. contract. For more information, contact Nancy Glidden.

By: Transactional Department

No matter what the lease says, the mere filing of a bankruptcy by a tenant does not terminate the lease or entitle a landlord to evict the tenant. That being said, if a residential tenant files bankruptcy they are always required to continue paying rent. If they stop paying rent the landlord usually needs to file a motion in bankruptcy court to be allowed to evict the tenant. However, the 2005 changes to the bankruptcy code created an exception to when the automatic stay is imposed for some residential lease matters. If the landlord has received a judgment for possession before the tenant filed bankruptcy, then the automatic stay may not apply and the landlord may be able to continue the eviction without leave of the bankruptcy court. In some instances the tenant will have the ability to file a certification and deposit with the bankruptcy court, which if done timely and properly, can impose the automatic stay for a period of 30 days. Within those 30 days the Debtor would be required to pay all delinquent rent to maintain the automatic stay and prevent eviction. However, if the judgment for eviction is based solely on the expiration of the tenant

By: Denise C. Werkley

After some delay, the Pennsylvania Association of Realtors has released its new 2010 form Agreement of Sale. You can find a sample of the PAR Standard Agreement for the Sale of Real Estate on the Pennsylvania Association of Realtors website.

If you have questions on the new form, please contact Denise C. Werkley in our West Chester office.