• CM Goat, LLC v. Valdez

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3176 EDA 2022

    Defendant appealed the order for specific performance in action over a real estate sales agreement and court held trial court properly found that a written contract existed and defendant breached it, there was no violation of the statute of frauds and defendant waived his right to arbitration. Affirmed.

  • Viall v. Garvin

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 869 MDA 2023

    Appellant's action in ejectment failed where appellant failed to establish a consentable boundary line. Judgment affirmed.

  • Veltri v. Elite Interior Design, LLC

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10847 OF 2022, C.A.

    The parties filed cross-motions for judgment on the pleadings in plaintiffs' action for fraud and related claims arising out of a residential home sale. The court denied both motions where the parties' pleadings created fact issues for resolution by a jury regarding defendant's alleged concealment of defects in the home and the extent of plaintiffs' awareness of the defects prior to closing.

  • Sadowski v. Ella 227, LLC

    Publication Date: 2024-06-21
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 440 WDA 2024

    In this § 1925(a) opinion, the court urged the Superior Court to affirm its order resolving all issues raised by the petition of the next-door neighbor for a property to be placed in conservatorship under the Abandoned and Blighted Property Conservatorship Act, 68 P.S. §§1101-1120, following an evidentiary hearing.

  • Ruffled Grouse Ridge Owners' Ass'n v. Hura

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry: E-Commerce | Hospitality and Lodging | Real Estate
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 968 C.D. 2023

    The court affirmed the ruling of the trial court granting homeowner's motion for summary judgment, denying the owners' association cross motion for summary judgment, and declaring owners' association 2021 amendment to its bylaws void ab initio.

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  • N. Side LLC v. O'Neill Maintenance

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 269 WDA 2023

    Trial court erred in finding business had standing to pursue conservatorship of abandoned/blighted property where record was insufficient to determine whether business was located within 2,000 feet of the property via navigable walking/driving distance. Order of the trial court affirmed in part, vacated in part, and remanded.

  • DeSantis v. Lenox Place Condo. Ass'n, Inc.

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 570 C.D. 2023

    Appellant appealed the trial court's order dismissing her complaint with prejudice. The court vacated and remanded with directions, holding that the trial court's order was a legal nullity where the trial court acted before its original jurisdiction had revested after an earlier remand from the court.

  • Borio v. Cwynar

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10159 OF 2020, C.A.

    Defendant home sellers sought summary judgment in buyers' action alleging misrepresentations regarding the property. The court granted in part and denied in part defendants' motion, holding that plaintiffs alleged viable claims for fraud and violation of the Unfair Trade Practices and Consumer Protection Law, negligent misrepresentation, and breach of contract where plaintiffs claimed defendants failed to disclose known plans for an industrial limestone mine near the home that plaintiffs purchased. The court held that plaintiffs had n

  • Kalch v. McDougle

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7907 CIVIL 2023

    Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.

  • Stoley v. Wampler

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 712 WDA 2023

    The court vacated the lower court's judgment entered in this quiet title dispute over lot boundaries and modified and remanded with instructions for the trial court to determine how much of the disputed area of the property at issue the plaintiffs possess and then reconsider their quiet title claim.