Alan Nochumson

March 09, 2017 | The Legal Intelligencer

If you practice real estate law in Pennsylvania, it is not too uncommon for you to receive a frantic call from a client indicating a deal to purchase real estate is falling apart through no fault of its own. During that call, you would then ­discuss whether the client wishes to either seek a refund of any monies being held in escrow at the time on account of the agreement of sale and possibly monetary ­damages as a result of the alleged breach of the agreement of sale or specifically enforce that agreement of sale by ­compelling the seller to sell the property to it. If the client elects to force a sale of the property, it is typically not sufficient for the client to simply sue the seller for such ­specific ­performance of the agreement of sale.

By Alan Nochumson

14 minute read

February 07, 2017 | The Legal Intelligencer

A recent decision handed down by the Commonwealth Court of Pennsylvania in Logans' Reserve Homeowners' Association v. McCabe, Nos. 820 C.D. 2016, 821 C.D. 2016. 2017 Pa. Commw. (Jan. 4), illustrated that there is actually a third certainty in life if you own a residence in a planned ­community in Pennsylvania—your ­obligation to pay common assessments charged by the homeowners' association.

By Alan Nochumson

13 minute read

January 23, 2017 | The Legal Intelligencer

When a tenant commits a default of a commercial lease, the ­landlord typically has several options to obtain a judgment for possession of the leased premises and a monetary judgment for the amount owed under the lease.

By Alan Nochumson

18 minute read

December 12, 2016 | The Legal Intelligencer

As this year draws to a close, we are planning for our resolutions for the new year. For most of us, it will be, of course, shedding a few pounds and what better way to do that but to join a new gym.

By Alan Nochumson

15 minute read

November 13, 2016 | The Legal Intelligencer

As the real estate market in Philadelphia continues its upper trajectory, the city of Philadelphia has been aggressively selling tax ­delinquent properties through tax foreclosure ­proceedings under the Municipal Claims and Tax Liens Act in order to continue ­development of these typically under-utilized properties.

By alan Nochumson

13 minute read

October 10, 2016 | The Legal Intelligencer

In Ricchetti v. Ellis, 2016 Phila. Ct. Com. Pl. LEXIS 348 (Sept. 7), Judge Bradley K. Moss issued a memorandum opinion providing one of the most detailed analysis I have seen regarding the ­obligation of a landlord in Philadelphia to provide a tenant with what is called a Certificate of Rental Suitability and the associated "Partners for Good Housing Handbook."

By Alan Nochumson

14 minute read

September 12, 2016 | The Legal Intelligencer

In Gamesa Energy USA v. Ten Penn Center, 2016 Phila. Ct. Com. Pl. LEXIS 270 (July 22, 2016), Judge Ramy I. Djerassi found that a landlord committed a material breach of a commercial lease agreement by failing to properly perform its contractual obligations under the assignment provision contained in the commercial lease agreement.

By Alan Nochumson

18 minute read

August 08, 2016 | The Legal Intelligencer

Late last month, in LEM2Q v. Guaranty National Title, 2016 Pa. Super. LEXIS 413 (July 28, 2016), the Superior Court of Pennsylvania found that a title ­insurance company had no duty to disclose to a lender about unrecorded loan documents which the title insurance company knew the existence of while serving as a closing ­escrow agent for the new loan transaction.

By Alan Nochumson

17 minute read

July 11, 2016 | The Legal Intelligencer

Most commercial lease and loan documents contain what is ­commonly known as a warrant of attorney.

By Alan Nochumson

17 minute read

June 13, 2016 | The Legal Intelligencer

Since I have been practicing law, ­landlords doing business in Philadelphia have been required to obtain what is called a housing inspection license for their residential dwelling units on an annual basis.

By Alan Nochumson

13 minute read