Mette Evans and Woodside, legal counsel for both the Pennsylvania Association of REALTORS® and the Greater Harrisburg Association of REALTORS®, provides a legal column to our membership.
The law is clear, and simple. In the case of a property’s resale, a certificate of resale and condo/homeowners association documents (the declaration, the bylaws and the rules and regulations) must be provided to a purchaser. The purchaser can terminate the contract before the documents have been provided and for five days thereafter (or until settlement…
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It has come to our attention from points across the state, that members are modifying the DEFAULT, TERMINATION AND RETURN OF DEPOSITS (Paragraph 26 of the Agreement of Sale) to provide for a return of buyer’s deposit within one day (yes one day) rather than the 180 days (by default) when there is a dispute…
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Q. I am listing a vacant lot, suitable for construction. The owner wants to impose limitations on how the property may be used, including restrictions on the type of construction of the improvements to be placed on the lot. How do I do this? A. You don’t. You tell the owner to obtain advice from an attorney who is experienced in land‐use law…
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When extending dates and times for the performance of obligations set forth in the agreement of sale, make sure you reference specifically what line your proposed enlargement of time applies to. Be specific so that there is not confusion as to what is being extended…
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Facts. A recent Hotline caller represented a buyer whose offer was accepted. Shortly after the agreement was executed, the buyer asked for permission to visit the home to make measurements of kitchen cabinets so that replacements could be made and ready for installation shortly after settlement. The seller, a cop, said no way. Q…
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One could argue that I don’t know what I am talking about (I see a few nods of agreement). After all, I give Realtors® plenty of advice without having walked in your shoes. So this once, I am not going to tell you anything: instead, I am asking for your help. The loss of a family member gave rise for my need to hire a broker in southern California…
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Q. A property owner called an agent and asked for a CMA. The agent, figuring she'd get the listing, agreed. When the agent presented the owner with the copy of the CMA, the owner asked the agent to include a handwritten sentence stating that she performed the CMA to the best of her ability. The owner asked the agent to sign the statement!
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This, or something like it, is a frequently heard refrain. You hear it when you tell a listing agent that your buyer’s offer is forthcoming. Is it true? Does it have to be true? When it is not true, do you have recourse? These are questions we hear on the Hotline and they are questions addressed in malpractice claims pursued against listing and buyer agents…
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Facts. The certificate of resale issued by a homeowners association gave notice that an assessment would be issued to all unit owners requiring the payment of $5,000 to cover a particular item of repair or improvement (the exact purpose of the assessment is not important to this question). The buyer was surprised to learn of this assessment and clearly did not want to have to pay the amount when it became due after settlement…
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Facts. Broker A received a letter from a “cooperating” salesperson stating that no one from Broker A’s office could show her listing. This letter was not signed by Broker B, the cooperating agent’s broker. As it turns out, there is a history between the non‐cooperating agent and Broker A. The agent was formerly affiliated with the Broker A and apparently their relationship ended badly…
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