March 03, 2008 | The Legal Intelligencer
Builder Lacks Insurance Coverage for Faulty WorkmanshipWhat happens when a newly constructed home is not built in a workmanlike manner? The homeowner will certainly look to the builder for remediation. Assuming the builder is at fault, is the builder's insurance company obligated to indemnify and otherwise defend the builder during litigation?
By Alan Nochumson
7 minute read
December 22, 2008 | The Legal Intelligencer
Association Can't 'Selectively Prosecute' Property RightsWhat happens when your neighbor accidentally builds a physical structure onto land which adversely affects your property interest to access that land?
By Alan Nochumson And R. July Simpson
6 minute read
December 07, 2012 | The Legal Intelligencer
Superior Court Expands Builder's Liability for Subsequent PurchasersPurchasing a new construction home involves certain risks. Without normal wear and tear or the passage of time to uncover latent defects, discovering problems in a new home during the inspection is difficult.
By Alan Nochumson
6 minute read
November 24, 2008 | The Legal Intelligencer
Liability for Pet Misconduct Extends to Landlords and TenantsMany residential landlords allow their tenants to keep pets on their rental properties. In doing so, these landlords may be opening themselves up for legal liability when such pets cause harm to other tenants living on these rental properties or individuals living in or visiting neighboring properties.
By Alan Nochumson And R. July Simpson
6 minute read
March 19, 2013 | The Legal Intelligencer
Superior Court Clarifies How to Satisfy Judgment for Possession in PhiladelphiaWhen a tenant breaches a lease agreement, many times the landlord rushes to the courthouse to file a complaint seeking to evict the tenant from the leased premises, only later to find out that the tenant may "pay to stay" in the leased premises if the complaint is based solely upon the nonpayment of rent due under the lease agreement.
By Alan Nochumson
6 minute read
September 22, 2009 | The Legal Intelligencer
Attempted Oral Modification of Written Agreement of Sale DisallowedWhether the purchase involves residential or commercial real estate, the mindset should be the same: Buyer beware. Because most real estate transactions are entered into at arm's length, it is important for potential purchasers to condition the sale on what they believe the property "is" so they can be allowed out of the transaction if the property turns out differently during the due diligence stage of the transaction. This is especially true when purchasing commercial real estate. The property is more than the physical structure. The value of the property also depends upon the revenue stream generated presently and potentially in the future from the property.
By Alan Nochumson
7 minute read
January 26, 2009 | The Legal Intelligencer
Developer Cannot Sue in Federal Court to Challenge State Court JudgmentIn Flannery v. Mid Penn Bank , the U.S. District Court for the Middle District of Pennsylvania rejected a judgment debtor's attempt to essentially challenge, in federal court, the validity of a state court judgment obtained against him related to a failed real estate development venture.
By Alan Nochumson And R. July Simpson
6 minute read
March 31, 2008 | The Legal Intelligencer
Subsequent Purchasers Liable for Mortgage Lien Despite Mortgage Satisfaction PieceWhenever real estate is purchased, the buyer should obtain title insurance to protect his or her interest in the property.
By Alan Nochumson
8 minute read
July 16, 2007 | The Legal Intelligencer
Fighting Blight: City Is Allowed to Demolish Unsafe PropertyIn less than a generation, many properties located within Philadelphia's city limits that had been an eyesore for generations have either been renovated or demolished in place of new construction.
By Alan Nochumson
9 minute read
April 16, 2013 | The Legal Intelligencer
Property Owner Automatically Entitled to a Jury Trial in a Forfeiture CaseWhile most of the public attention nowadays is focused squarely upon property owners losing their homes through foreclosure proceedings, property owners may also forfeit their homes if they are involved in drug-related crimes.
By Alan Nochumson
5 minute read
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