Nationally Recognized Real Estate Litigators
Real estate litigation encompasses various legal disputes arising from real estate transactions. These disputes range from property boundaries, easements, and title issues to lease violations and construction defects. And they can impact you whether you're buying or selling a property.
Introduction to Real Estate Litigation
Working with a legal firm that knows Pennsylvania real estate laws is essential for dealing with complex legal issues. Our real estate litigation attorneys know the laws that apply to property rights and transactions in the state. They also understand the jurisdictional considerations and nuances of Pennsylvania real estate law.
Pennsylvania Laws Governing Real Estate
Pennsylvania has a unique set of laws and regulations that govern real estate transactions. Understanding these laws is essential for anyone involved in a real estate lawsuit.
Here are some of the more prevalent real estate concerns in PA:
Property Disclosure Statement
The Seller Property Disclosure Statement informs buyers and sellers about the property's condition and possible problems. The property seller must provide buyers with a signed and dated copy of the disclosure. Pennsylvania law mandates sellers to provide a Property Disclosure Statement under the Real Estate Seller Disclosure Law (68 Pa.C.S. § 7301).
Items included in the disclosure may include:
- Faulty electrical, plumbing, and other systems on the property
- Age of roofing shingles and known leaks
- Damage caused by termites
- Source of drinking water
- Type of sewage system
Hire a real estate litigation lawyer to address the issue if you find omissions in a property disclosure statement.
Homestead Laws
Homestead protection laws are essential in almost every state. These laws safeguard people's primary residences from seizure during challenging economic periods. They are particularly beneficial for small property owners who, despite declaring bankruptcy, still require a place to live.
Homestead laws protect a portion of a person's property, called a "homestead," from creditors, keeping that part safe from most debts. Homestead laws aim to protect critical assets like family farms, homes, and valuable possessions. Pennsylvania does not have a general homestead exemption that protects a portion of the house from creditors as some states do.
Adverse Possession
Adverse possession lets people own land they've lived on for a while without the original owner's permission. This law is particularly relevant in boundary disputes.
Pennsylvania Title 42 requires an occupancy of no less than ten years to claim possession. It has six requirements:
- Actual possession of the property
- Use for a continuous period of at least ten years
- Use that is hostile to the owner's rights
- Open and notorious use
- Exclusive possession
- Color of title
A real estate litigation attorney can help determine if you meet these conditions. The owner of the property has one year to respond to the action.
Provisions of Title 42 will expire in 2025.
Landlord and Tenant Laws
The Landlord and Tenant Act of 1951 governs the relationship between landlords and tenants. It covers rent control, eviction procedures, security deposits, and other rights, obligations, and liabilities.
Pennsylvania law requires that landlords disclose specific information to tenants. Examples of those disclosures include:
- Existing damages to the rental property
- Security deposit details
- Shared utility arrangements
- Installation and maintenance of smoke detectors
PA state law limits a security deposit to two months' rent for the first year of renting and one month's rent after that. The landlord must return the deposit within 30 days after the tenant moves.
A real estate litigation attorney near you can help resolve disputes.
Zoning Laws
Zoning laws regulate the use of land and buildings within specific geographic areas. In Pennsylvania, local government establishes zoning laws. Each township, borough, or city adopts zoning ordinances based on particular needs and development goals.
Commercial zoning laws determine:
- Where businesses can operate
- The types of buildings you can construct
- The specific uses allowed on a property
The laws divide the municipality into districts (zoning districts). They prescribe the land uses in each district, such as residential, commercial, industrial, or mixed-use. Zoning maps represent the boundaries of these districts.
The local government's zoning board or commission typically oversees the application and enforcement of zoning laws.
A property dispute attorney can help file a variance if warranted.
5 Common Disputes Requiring a Real Estate Litigation Attorney
In Pennsylvania, you can file a property dispute with civil courts, including:
- Magisterial District Court
- Municipal Courts
- Court of Common Pleas
The minor courts (Magisterial District and Municipal) handle civil claims or actions with damages of $12,000 or less. The Court of Common Pleas serves as the trial court and handles civil claims beyond the minor courts' jurisdiction.
Some common disputes may require working with a real estate litigation lawyer.
Breach of Contract
Real estate contracts can get complicated and lengthy. The contract terms may include specifics relating to title clearance, closing date, assets included, and more. When material to the contract, those contingencies may result in a breach. Generally, most real estate breaches stem from failing to close on time or failing to convey a deed.
Perhaps the most common issue leading to litigation is a breach-of-contract real estate lawsuit. It requires the plaintiff to prove they have fulfilled all obligations while the defendant has failed. Working with a real estate litigation attorney may increase your chances of obtaining a successful outcome.
Failure to Disclose Property Defects
If a buyer discovers an undisclosed defect following closing, they can take legal action against the seller. Latent defects relate to issues a buyer could not find through a reasonable property inspection. Material defects help determine whether a buyer will purchase the property.
For example, you must inform a buyer about a hole in the roof causing damage to the attic. Otherwise, you may face a real estate lawsuit. Successful litigation requires the plaintiff to prove the defendant purposefully concealed the defect. Enlist the assistance of an experienced real estate litigation lawyer to help prove your case.
Breach of Duty
Agents and realtors must act in the best interests of their clients, not the seller or a third party. The law obligates both to provide information to help clients make reasonable decisions about a property purchase.
In addition, they must keep sensitive information about those clients confidential, such as financial information. Demonstrating negligence in any of these areas may create an adverse outcome, resulting in a loss to the client. Those losses may justify litigation.
A landlord, for example, must carry out necessary repairs for tenants, like replacing a broken stair rail.
Boundary Line Disputes
Boundary line disputes occur when there is a disagreement over the exact location of property lines. For instance, you might put a shed on a neighbor's property, believing it to be on your property. These disputes often come to light during a property sale. Nonetheless, they can lead to significant legal battles.
Title Disputes
Title disputes involve disagreements about the ownership of real property, often involving issues like incorrect liens or easements. The quiet title process is one method to resolve these disputes and establish a legitimate property owner.
You can fix errors in the title without a dispute by using a title action to correct mistakes in the chain.
Real Estate Litigation Attorneys Near You
Our firm guides developers, businesses, property owners, and real estate investors in all aspects of commercial transactions throughout the Philadelphia metropolitan area. Our real estate litigation attorneys also serve clients in the surrounding regions, including Bucks, Delaware, and Montgomery County, PA.
