Residential real estate is one of our two primary practice areas. As such, we take great pride in providing exceptional, thoughtful and creative legal insight to our real estate clients. Some of our areas of specialty include:
Agreements for Sale of Real Estate
- We will review your settlement agreement for the purchase or sale of real estate, and we will attend settlement with you to ensure that your interests are competently represented until the completion of the transaction. Although most major issues are typically worked out by settlement, it is not unusual for last minute problems to arise. We will be there to ensure that your transaction proceeds smoothly and successfully.
Title Searches & Title Defect Issues
- Deeds are records of the ownership and transactional history of a parcel of property. Why is that important? Because by interpreting the activity contained in a deed we are able to determine who conveyed the rights of possession and ownership of the land to whom – this is called the “chain of title.” When we conduct a title search we review the relevant deed or deeds in a transaction and determine whether the grantor (the party conveying the property) actually has clear title to the land in the first place. If title is defective, we will be able to determine who actually has a right to the land. It is imperative that both parties know who really owns the property being sold before proceeding with a transaction.
Disclosure Fraud
- Before a transaction for the purchase of real estate in Pennsylvania can be completed the Seller is required to disclose to the buyer allknown material (significant) defects with the property that are not readily observable. This is not the case in all states, but Pennsylvania law is particularly protective of the Buyer’s interests. Buyers who discover a condition that was not disclosed prior to settlement are liable to sue the Seller who failed to make the appropriate disclosures (intentionally or negligently), seeking possibly significant damages as a result of the Seller’s allegedly fraudulent omissions. We are familiar with the laws relating to these issues and will adeptly advise you on your best course of action in the event of a questionable situation or actual actionable dispute.
Defective Inspection Issues
- A home inspection requires a comprehensive examination of an entire home or unit, though it is typically non-invasive, including an evaluation of the mechanical, structural, plumbing and electrical systems. The inspection must be performed by a full member of a national home inspection association, in good standing, or by a properly licensed engineer or architect. Before deciding on an inspector, it is important that a Seller or Buyer fully understands their contract with said inspector, particularly with regard to the inspector’s actual liability (or lack thereof, per their contract) in the event of a botched inspection. The Buyer or Seller must also be certain as to whether the inspector is actually qualified to render a report in Pennsylvania.
New Construction Defects
- Buyers of newly constructed homes have a reasonable expectation that the structure will be free of defects. In fact, Pennsylvania law allows for a claim against the builder even if the defect is discovered years after purchasing and moving into the home (the statute of limitations in Pennsylvania is 12 years from the date of construction). The claim may arise from a breach of implied warranty, breach of contract or negligence on the part of the builder. We are well versed in new construction liability issues and will advise a disappointed Buyer on the best course of action.
Landlord-Tenant Issues
- Landlord-tenant law spans many issues, from required landlord disclosures, to security deposit rules, to landlord access to leased premises, to lease termination and eviction. If you as a landlord or tenant believe that you have a cause of action please contact us for advice.
Note: the general information on this page is not to be taken as legal advice; to discuss your case in detail contact us right away!
Livesey Associates 