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Real Estate Law

Can real estate buyer waive seller’s disclosure…Pennsylvania’s Real Estate Seller Disclosure Law

by Monica Reynolds

Can a buyer of residential real estate waive a seller’s disclosure obligations under Pennsylvania’s Real Estate Seller Disclosure Law?

The short answer is: maybe, but in any event, not absent an affirmative waiver. In Phelps v. Caperoon, — A.3d –, 2018 WL 3016477 (Pa. Super. June 18, 2018), the Pennsylvania Superior Court recently addressed the issue of whether an “as-is” clause in the agreement of sale implicitly waived a seller’s disclosure obligations under the Real Estate Seller Disclosure Law, 68 Pa. C.S. §§ 7101-7103, 7301-7314, et seq., (“RESDL”), but stopped short of giving a definitive answer as to whether an explicit waiver would be permitted. Continue reading

Pennsylvania Superior Court Declines to Create Exception to Hills and Ridges Doctrine

By: Julia Jacobelli

On January 31, 2018, the Pennsylvania Superior Court issued an opinion which reaffirmed the validity of the hills and ridges doctrine, and provided additional guidance on the scope of the duties of property owners to remove snow and ice from their property.

In Collins v. Philadelphia Suburban Development Corporation and Ross’s Home Improvement, Inc., the Superior Court affirmed the decision of the Philadelphia Court of Common Pleas, granting summary judgment on the basis of the hills and ridges doctrine. Plaintiff, David Collins, claimed that on January 21, 2014, he slipped and fell on an ice or snow covered sidewalk on property owned by Philadelphia Suburban Development Corporation and leased to Plaintiff’s employer. Continue reading

Representing the Military Client

By: Amelia Lolli, Esquire

Burlington County New Jersey is home to Joint Base MDL (JBMDL), which employs approximately 42,000 soldiers between the three bases (McGuire, Ft. Dix and Lakehurst).  Approximately 60,000 military retirees live within a 50 mile radius of JBMDL.  With such a dense population of active military and retirees, there is a good opportunity an attorney in the Central/Southern New Jersey region will represent current/former military personnel during the course of their legal career.  As an attorney, and also as the military member, individuals should be aware of several special considerations when it comes to providing or seeking legal counsel. Continue reading

Key Legislation for Realtors moves from PA House to Senate

Last week House Bill 1437 passed to the Senate Urban Action Committee for consideration. House Bill 1437 proposes to amend Pennsylvania Municipal Code and Ordinance Act, 68P.S.§1081, to:
(1) provide a more detailed definition of “unfit for habitation”
(2) define and differentiate between “substantial violation” from less severe “violations”
(3) place restrictions and requirements on municipalities to issue a certificate of occupancy based on any “substantial violations” or “violations”
(4) create and define new categories of temporary use and occupancy permits and temporary access certificates allowing sales to go forward, but requiring work to be corrected before new owner occupies the property. Continue reading

NJ Supreme Court – Duty Of Homeowners Associations – Maintain Sidewalks Within The Common Interest Community

New Jersey Supreme Court Clarifies Duty Of Homeowners Associations To Maintain Privately Owned Sidewalks Within The Common Interest Community

By: Christopher P. Lagay, Esq.

The New Jersey Supreme Court recently published an opinion which clarifies the liabilities of “common interest communities,” such as homeowner’s associations, for maintenance of the common areas under the association’s control. In Qian v. Toll Brothers, 223 N.J. 124 (2015), the Court reversed the appellate divisions affirmance of summary judgment granted by the trial court to the homeowner’s association and management community, and remanded the case. Continue reading

For Whom The Bell Tolls? – Widening The Scope Of New Jersey Condominium Association Alternative Dispute Resolution

For Whom The Bell Tolls? – Widening The Scope Of New Jersey Condominium Association Alternative Dispute Resolution After Bell Tower Condominium Association V. Haffert

By: Angela B. Kosar, Esq.

Condominium Associations in New Jersey have recently found themselves with a new order of business on their meeting agendas – reexamining their existing alternative dispute resolution procedures between and among their unit owners and the condominium association. This year, The New Jersey Appellate Division in Bell Tower Condominium Association v. Haffert, 423 N.J. Super. 507 (App. Div.) cert. denied 210 N.J. 217 (2012) broadly construed the term “housing-related disputes” as set forth in the New Jersey Condominium Act to include a dispute between a unit owner and the condominium association board over the manner in which a special assessment was approved. However, it is the use of the word “broadly” in the opinion that has far reaching ramifications. Continue reading

Limits Condo Property Liability

By: Michael S. Mikulski, Esquire
(Originally Posted on: December 27, 2011)

The New Jersey Supreme Court recently decided the case of Luchejko v. City of Hoboken. This case significantly limits the potential liability of condominium associations and property managers for removing snow and ice from public sidewalks.

Brief Summary – there is no sidewalk liability for a condominium complex for failure to remove snow and/or ice as a condominium complex is determined to be residential, and therefore residential immunities apply. Continue reading