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Blog

Is a Home Builder Liable to a Remote Buyer for Defects?

When a new home builder enters into a contract with a buyer, the parties will typicaily enter into a contract which will contain certain representations, specifications and warranties. If the ...
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Single Member LLCs Must Use Counsel in PA Court of Common Pleas

Litigation is expensive. All too often, a person or company will have to abandon a claim because the cost of litigation is simply too high to justify pursuit of the claim. In Pennsylvania, Magisterial ...
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Tax Returns Filed? Good. Now is the Time to Worry.

We are used to feeling the winds blow when we are outdoors in March. But what are those breezes we feel when we are inside our offices in April? They are the effects of exhalations of principals, ...
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FAA Drone Regulations Fail to Propel Deliveries

It has been a little over four months since the Federal Aviation Administration issued regulations relating to the operation of commercial unmanned small aircraft, i.e., drones. While opening up some ...
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Another New Entity Law in Pennsylvania

Pennsylvania: A large state with a diverse population to match, with big cities such as Philadelphia and Pittsburgh, small manufacturing and mining towns, farmlands, distributors and middle-America ...
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Franchisor as Joint Employer? Not So Fast....

One of the mainstays of franchising has been that a franchisee is an independent contractor, rather than an employee of the franchisor. In fact, a mantra of franchise organizations has been that a ...
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Confessions of Judgment Still Enforced in PA--Part 2 (of 2)

[In Part 1 of our review of Confessions of Judgment ( see our Blog of January 14, 2016 ), we explained that Confessions of Judgment are remedies which allow commercial creditors and landlords to not ...
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Confessions of Judgment Still Enforced in PA--Part 1 (of 2)

If you have ever borrowed money to finance the purchase or operation of a business, or if you (or your company) have ever entered into a commercial real estate lease, there is a good chance that, ...
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Local Veterans Benefit From MontCo Photo ID Program

In the spring of 2012, Montgomery County Recorder of Deeds, Nancy Becker, decided to implement a program to honor our local veterans. The Veteran Photo ID Discount Program has been an unqualified ...
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More Relief From Telemarketers

Under the federal Telephone Consumer Protection Act (TCPA), businesses are prohibited from making any telephone calls to a residential telephone number using a prerecorded or artificial voice, without ...
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TRID Takes Traction This Summer

Real estate mortgage loans and settlement procedures will change, beginning August 1, 2015. Kiss the HUD-1 goodbye. In fact, kiss all current residential mortgage and real estate settlement forms ...
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Montgomery County Institutes Mortgage Foreclosure Diversion Program

A few years ago, then PA Supreme Court Chief Justice Ronald Castille called on county courts to establish mortgage foreclosure diversion programs. His call to action was prompted by the explosion in ...
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New PA Entity Transactions Law Effective July 1, 2015

For decades, if the decision-makers of a Pennsylvania business entity wished to change the structure of that entity, the only way they could do so would be to dissolve the existing entity and to form ...
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Register in a Different State to Protect Your Rights

I can see the look on my client's face when I recommend that, if the client plans to do business in another state, he or she should register the company to do business in that state. The ...
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Who Should Pay When a Shareholder Sues the Corporation?

Why do so many attorneys and professional advisors recommend forming "Delaware corporations"? Why is it that Delaware is to corporate law what McDonalds is to franchising? For many, the ...
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What Happens When a Tenant Abandons Personal Property?

The Pennsylvania Landlord and Tenant Act ("Act") is over 63 years old. For about 60 of those 63 years, landlords had to guess as to what method they should follow to clear a rental property ...
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Murder-Suicide in Home Need Not be Disclosed

The PA Real Estate Seller Disclosure Law was almost symbolic of the changes in real estate law which took place during the first year of the 21st century. The Seller Disclosure Law was emblematic as ...
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Implied Warranty Will Not Extend Beyond Initial Home Buyer

Back in 1972, the PA Supreme Court ruled that an initial home buyer could rely upon an implied warranty of habitability of a home builder. In 1990, the Court extended the implied warranty to cover ...
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Failure to Revive Lien Does Not Invalidate Lien

Under current Pennsylvania Law, a judgment lien may be revived every five years. It has always been a popular belief that a failure to "revive" the lien before the five year date would mean ...
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What do you do with the "stuff" the tenant leaves behind?

In representing residential landlords, especially in eviction proceedings, there traditionally was great uncertainty about what to do with the personal property left after the tenants vacate the ...
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It's final - HICPA Will Not Bar A Claim for Quantum Meruit by a Contractor

As a follow up top my Blog post regarding the Superior Court's decision in Shafer Elec. v. Mantia, the Pennsylvania Supreme Court has decided the issue, and affirmed the Superior Court's ...
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New Power of Attorney Law in PA

On July 2, 2014, Governor Corbett signed a bill which makes significant changes to Pennsylvania law governing Power of Attorney documents. Most provisions of the law, which was unanimously approved by ...
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Real Estate Fees and Taxes on the Rise

Has there been a "real estate recovery?" Sales of residential real estate have risen over the past year, and residential real estate prices have crept upward. However, many real estate ...
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Application for Charitable Organization Status as Easy as "1[0]23"

The IRS is making it easier to help smaller charities apply for 501(c)(3) status. Organizations with less than $50,000 in annual receipts and less than $250,000 in assets can now apply, on line, by ...
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Minimum Wage Alert for Multi-State Employers

The dropping of the Waterford Crystal Ball in Times Square, New York City also ushers in an increase in the minimum wage in New York and 13 other states. The following states have adopted increases in ...
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