September 17, 2013 | The Legal Intelligencer
Commonwealth Court Strikes a Tax Sale in PhiladelphiaIn yet another blow to the city of Philadelphia's attempt to collect upon its substantial real estate tax delinquencies, the Commonwealth Court in City of Philadelphia v. Manu, 2013 Pa. Commw. LEXIS 363, issued a strongly worded opinion in stripping the city of its ability to sell a property under Pennsylvania's Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et seq.
By Alan Nochumson
8 minute read
August 20, 2013 | The Legal Intelligencer
Trial Court Refuses to Strike or Open Confessed JudgmentOne of the most oppressive tools available to commercial landlords and lenders alike is what is called a warrant of attorney. Most loan and lease agreements contain a provision known as a warrant of attorney that allows such lenders and landlords the ability to enter a judgment of record against their tenants and borrowers, as the case may be, by simply filing a complaint alleging a default under the applicable loan or lease agreement and then demanding a confessed judgment of an amount certain.
By Alan Nochumson
8 minute read
June 18, 2013 | The Legal Intelligencer
City Must Follow Pa. Tax Lien Act to Hold Sheriff's SaleAs the city of Philadelphia continues to generate negative publicity in the media about its inability to collect upon delinquent taxpayers, it only seems to make sense that it will make a concerted effort to improve upon its tax collection efforts.
By Alan Nochumson
6 minute read
May 21, 2013 | The Legal Intelligencer
Landlord Can Collect From Abandoning, New TenantsIn these distressed economic times, it is not uncommon for a commercial tenant to discontinue its business operations and relinquish possession of the premises even if there are years left on the lease term.
By Alan Nochumson
7 minute read
February 19, 2013 | The Legal Intelligencer
Philadelphia's New Lead Paint Ordinance Is in EffectIn late December, the Lead Paint Disclosure and Certification Law came into effect for residential landlords owning rental properties located in the city of Philadelphia.
By Alan Nochumson
6 minute read
February 07, 2011 | The Legal Intelligencer
Negligence Claim Precluded by Real Estate Service ContractThere are many service providers in the real estate industry, such as real estate agents, architects and contractors. Some of these service providers must obtain certifications and licenses from the state in order to do business, while others are not so required. Either way, most of these service providers are retained by way of written contract.
By Alan Nochumson
6 minute read
January 28, 2008 | The Legal Intelligencer
Court Refuses to Find Letter of Intent Contains Duty to Negotiate in Good FaithLetters of intent are commonly used in the commercial landlord-tenant context. In the simplest sense, a letter of intent is a desire for the parties to enter into a contract without actually doing so.
By Alan Nochumson
8 minute read
May 18, 2009 | The Legal Intelligencer
Court: City's Liability Limited on Sidewalk 'Slip and Falls'The common law has traditionally imposed on property owners the duty to maintain the sidewalks abutting their properties.
By Alan Nochumson And R. July Simpson
6 minute read
September 29, 2008 | The Legal Intelligencer
Court: Homeowners Association Not Liable for Dog AttackResidents of a planned community are subject to the rules and regulations of a homeowners association which attempts to police the interactions between the residents in the planned community.
By Alan Nochumson and Daniel Levine
6 minute read
October 03, 2011 | The Legal Intelligencer
Broker Not Entitled to Commission in Oral AgreementIn a real estate transaction involving the lease or sale of commercial property, a real estate broker will typically play a significant role in the transaction.
By Alan Nochumson
8 minute read