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Insights (14)

Lease Termination

Landlord Fails To Properly Terminate Lease, Violating Automatic Stay

When a landlord enters into a lease with a tenant, the lease will generally grant the landlord the power to terminate the lease and evict the tenant...

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Oral Agreement

Broker Not Entitled To Commission In Oral Agreement

In a real estate transaction involving the lease or sale of commercial property, a real estate broker will typically play a significant role in the...

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Attorney Fees

Lacking Contractual Provision, Landlord Loses Bid For Attorney Fees

Most commercial leases contain a provision allowing for the reimbursement of the landlord’s legal fees and costs when the tenant defaults under the...

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Court Refusal

Philadelphia Court Refuses To Set Aside Sheriff’s Sale

With the real estate market crashing and the recession otherwise hitting people hard, more and more properties are being subjected to sheriff’s sales...

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Fraud In Inducement Claim

Gist Of The Action Doctrine Does Not Preclude Fraud In Inducement Claim

A recent decision handed down by the state Superior Court in Mirizio v. Joseph stresses the importance of placing the terms of real estate...

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Waiver of Lease

Jury Allowed To Consider Testimony On Oral Modification Of Lease

In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. The purpose of such a prohibition is to protect...

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Agreement Of Sale

Court Refuses To Look Beyond Written Agreement Of Sale

In most situations, before real estate is transferred from the seller to the purchaser, the parties to the real estate transaction enter into a...

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Binding agreement

Is Changed Form Contract Signed A Binding Agreement Or Counteroffer?

Most residential real estate transactions in Pennsylvania are entered into by way of the form documents created by the Pennsylvania Association of...

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 Confessing Judgment Against Tenant

Landlord Can’t Amend Complaint After Confessing Judgment Against Tenant

As the country continues to suffer from the recession, commercial landlords throughout Pennsylvania are being forced to deal with defaulting tenants...

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Agreement Of Sale

Attempted Oral Modification Of Written Agreement Of Sale Disallowed

Whether the purchase involves residential or commercial real estate, the mindset should be the same, buyer beware. Because most real estate...

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