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Publications (19)

Insurance Coverage

Builder Lacks Insurance Coverage For Faulty Workmanship

What happens when a newly constructed home is not built in a workmanlike manner? The homeowner will certainly look to the builder for remediation....

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Letter Of Intent

Court Refuses To Find That Letter Of Intent Contains Duty To Negotiate In Good Faith

Letters 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...

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ECOA And UTPCPL Claims

Rental Applicants Do Not Have Viable ECOA And UTPCPL Claims

A recent decision handed down by the United States District Court for the Middle District of Pennsylvania in Portis v. River House Associates sheds...

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Property’s Physical Defect

Purchaser Lacks Claim Against Title Insurer For Property’s Physical Defect

In most real estate transactions taking place in Pennsylvania, title insurance is purchased in order to protect against “defects” in title that may...

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Abatement

Commercial Landlord Allowed To Re-Let Leased Premises

In the commercial lease context, a landlord in Pennsylvania is not required to find a replacement tenant where the original tenant leaves the leased...

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Superior Court’s Analysis

Wife Not Responsible For Spouse’s Inaccuracies In Disclosure

In order to protect homebuyers from “seller fraud”, the Pennsylvania General Assembly enacted the Real Estate Seller Disclosure Law (RESDL). At its...

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Borrowers Excused

Borrower May Be Excused From Returning Loan Proceeds Under TILA

Many homeowners borrow money as a second mortgage so as to purchase their house, pay for home improvements, or pay off unrelated personal debt. In...

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Due Process

Flighting Blight: City Is Allowed To Demolish Unsafe Property

In less than a generation, many properties located within Philadelphia’s city limits that had been an eyesore for generations have either been...

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Mortgage Broker

Lender Not Responsible For Misconduct Of Its Mortgage Broker

In shopping for a mortgage loan, most potential borrowers do not deal directly with mortgage lenders. Rather, these potential borrowers usually...

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Negligence Theory

Landlord May Be Liable Under Negligence Theory To Tenant

Pennsylvania courts are very hesitant in permitting lawsuits which merely re-cast an ordinary breach of contract claim into a tort claim. As such,...

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