Jameson Stone, legal counsel for the Greater Harrisburg Association of REALTORS®, provides a legal column to our membership.
Imagine this scenario: A seller accepts an offer on their home, inspections are completed, financing is approved, and settlement is only a few weeks away. Then, unexpectedly, the seller passes away. It is a situation no one wants to encounter, but it does happen. When it does, REALTORS® are often asked the same questions: Is the contract still valid?
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When working through a real estate transaction, communication between agents is critical. But in today’s market, many REALTORS® no longer operate alone. Instead, they work as part of teams, often with multiple licensed agents, assistants, transaction coordinators, and administrative staff involved behind the scenes. That reality raises an increasingly common question: when one REALTOR® is dealing with another REALTOR® who is part of a team…
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Real estate professionals live in a world of constant communication. Deals move quickly, and it is often far more convenient to send a text or fire off a quick email than to formalize every exchange in a written agreement. But when a transaction goes sideways, those informal communications can quickly take center stage, sometimes as the most important evidence in a dispute…
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Lockboxes are an essential tool in residential real estate. They provide efficient, flexible access for showings and help transactions move forward smoothly. But with that convenience comes risk, particularly when access is misused or granted improperly. For REALTORS®, improper use of lockboxes can lead not only to civil liability, but also potential violations of the National Association of Realtors® Code of Ethics…
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In today’s competitive market, real estate agents face constant pressure to make their clients’ offers more attractive. That pressure has led to increasingly “creative” strategies, limiting inspection contingencies, selecting financing terms unlikely to be satisfied, or proposing closing dates that everyone quietly expects to extend later. While these tactics may appear effective, they can expose agents to meaningful ethical and legal risks…
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Real estate transactions involve large sums of money, tight timelines, and multiple parties communicating electronically. These conditions make them attractive targets for fraudsters. While scams continue to evolve, several schemes appear repeatedly in Pennsylvania transactions. Awareness and process discipline remain the best defenses. Wire Fraud / Business Email Compromise The scam: Hackers gain access to (or spoof) an email account belonging to an agent…
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Easements are a familiar feature in Pennsylvania real estate transactions. Most REALTORS® encounter them regularly, often as utility lines, shared driveways, or access rights shown on a survey or title commitment. Because easements are so common, it is easy to assume they function similarly in all transactions. In reality, the differences between residential and commercial easements can be significant…
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If you’ve ever read through a Pennsylvania deed and spotted a paragraph labeled “Notice—This property may be subject to coal interests not owned by the grantor,” you may have wondered what it means. These “coal notices” appear in some deeds but not others. Understanding why can help you better advise your clients. A Legacy from Pennsylvania’s Mining Past Pennsylvania’s history with coal mining runs deep…
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Record Notification Services: A New Tool for REALTORS® to Help Protect Clients from Title Theft With property fraud on the rise across Pennsylvania, REALTORS® are increasingly finding themselves on the front lines of an emerging problem: deed fraud and title theft. These crimes can derail sales, complicate closings…
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Most people buying or selling a home assume that every property comes with a driveway or legal access to a public road. But in Pennsylvania, that’s not always the case. Some properties are “landlocked,” meaning they don’t have a guaranteed way to reach a public street. To deal with that problem, Pennsylvania has a very old law called the Private Road Act of 1836…
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