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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 →

Legal Articles Real Estate Law | admin |   Reynolds

Pennsylvania Supreme Court Affirms $1.68 Million Dollar Award for CWO client

In the most recent chapter of litigation spanning more than 23 years, on September 27, 2017, the Pennsylvania Supreme Court affirmed a subcontractor’s $1.68 million dollar award entered pursuant to the Contractor Subcontractor Payment Act. Monica Reynolds, co-counsel to the subcontractor, has represented the subcontractor since 2002 in its efforts to pierce the corporate veil and collect its $200,000 arbitration award obtained under the Contractor Subcontractor Payment Act (“CASPA”) in 1998. Continue reading →

CWO News | admin |   Reynolds

Congratulations to William J. Weber, Monica Mathews Reynolds, and Elizabeth Zwaan Milne

William J. Weber, Monica Mathews Reynolds, and Elizabeth Zwaan Milne were named as 2016 Top Lawyers for the Main Line / Philadelphia region by Main Line Today.

William Weber was nominated in the Alternative Dispute Resolution and Business Law categories. Monica Reynolds was nominated in the Business Law and Civil Litigation categories.

Elizabeth Zwaan Milne was nominated in Elder Law, Tax, and Trusts & Wills categories.

For more information about the nominations, please visit: http://www.mainlinetoday.com/Main-Line-Today/August-2016/2016-Top-Lawyers/

CWO News | admin |   Milne Reynolds Weber

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 →

Legal Articles Real Estate Law | admin |   Reynolds Weber