October 21, 2014 | The Legal Intelligencer
Subsequent Purchasers of New Home Cannot Sue BuilderThis situation is all too common in my practice—individuals purchase a home and, afterward, they discover defects with the home that were not disclosed or discovered during the home-purchasing process. The new homeowners have many potential avenues to seek legal redress: their seller, their real estate agent and that of the seller, and their home inspector.
By Alan Nochumson
8 minute read
September 16, 2014 | The Legal Intelligencer
Out-of-Possession Landlord Not Liable for Guest's InjuryEarlier this year, in Hymes v. Great Lakes Warehouse, 2014 U.S. Dist. LEXIS 34064 (March 17, 2014), U.S. District Judge Petrese B. Tucker of the Eastern District of Pennsylvania explained why it is so difficult for a third party to obtain damages against an out-of-possession landlord due to injuries sustained by the third party on the leased property.
By Alan Nochumson
8 minute read
August 19, 2014 | The Legal Intelligencer
Unit Owners Can Be Liable for Condo Association's Legal FeesA judgment entered by Philadelphia Court of Common Pleas Judge Gary S. Glazer in 315 Arch St. Condominium Association v. 315 Arch St. Realty 2005 LP, 2014 Phila. Ct. Com. Pl. LEXIS 193 (April 1, 2014), in favor of a condominium association and against a unit owner reminded me of the enormous power condominium associations across the state possess in collecting condominium assessments against their unit owners.
By Alan Nochumson
7 minute read
July 15, 2014 | The Legal Intelligencer
Court Expands Scope of Right to Redeem Property Sold at Tax SaleAn opinion recently issued by the Commonwealth Court may have dramatically changed the way tax sales in Philadelphia are viewed by delinquent property owners and third-party bidders.
By Alan Nochumson
7 minute read
June 17, 2014 | The Legal Intelligencer
Landlord Responsible for Negligently Hiring Roofing ContractorWhen leasing a property, a property owner must keep the property in good repair. Unless the property owner maintains the property himself or herself, this requires the property owner to retain the services of independent contractors throughout the course of his or her property ownership.
By Alan Nochumson
8 minute read
May 20, 2014 | The Legal Intelligencer
Loan Docs to Failed Condo Project Are Against Married CoupleWith every successful real estate development project, there are many more that do not go according to plan.
By Alan Nochumson
7 minute read
April 15, 2014 | The Legal Intelligencer
Restrictive Covenant Contained in Lease Is EnforcedThere are many incentives that a commercial landlord may provide to convince a potential retail tenant to lease space in its shopping center.
By Alan Nochumson
10 minute read
March 19, 2014 | The Legal Intelligencer
Tax Incentives for Property Owners to Improve Their PropertiesIf you are contemplating developing vacant land or rehabilitating an existing building structure located in the city of Philadelphia, there are a series of governmental programs that provide for substantial real estate tax relief to property owners who make such property improvements.
By Alan Nochumson
7 minute read
February 18, 2014 | The Legal Intelligencer
Judicial Sale Doesn't Stifle Mortgage's Priority Lien InterestWhat almost happened in In re Estate of Landis, 2014 Pa. Super. LEXIS 9 (Jan. 15, 2014), before the Pennsylvania Superior Court intervened is a cautionary tale as to why every attorney who practices law should "paper the file," so to speak, in order to ensure that a straightforward matter does not escalate into something much more and different than anticipated.
By Alan Nochumson
8 minute read
January 21, 2014 | The Legal Intelligencer
Court Untangles Real Estate Transaction That Goes AwryUnlike many other states, in Pennsylvania, there is no formal process in place for an attorney to review an agreement of sale in a real estate transaction. For instance, in New Jersey, an agreement of sale is merely voidable once entered into by the seller and buyer and will not become binding upon the parties until each of them have the opportunity to have an attorney review and comment on the agreement of sale. This process not only encourages "attorney review" as it is called from the inception of the real estate transaction, but once an attorney is retained the parties will likely have the benefit of legal counsel during the due diligence period and beyond.
By Alan Nochumson
7 minute read