Best Real Estate Lawyers in Pennsylvania

About Real Estate Law in Pennsylvania, United States

Real estate law in Pennsylvania covers the rules and regulations that govern the ownership, use, buying, selling, and leasing of land and property within the Commonwealth of Pennsylvania. This area of law is broad and can include residential and commercial property, landlord-tenant relations, zoning and land use, property taxes, and real estate financing. Pennsylvania’s real estate laws are based on a combination of state statutes, local ordinances, and common law principles, which means they can differ significantly from those in other states. Understanding the basics is important for anyone involved in a real estate transaction or dispute in Pennsylvania.

Why You May Need a Lawyer

There are many situations in which legal assistance is vital in a real estate context. Some common scenarios where people in Pennsylvania might require help from a real estate attorney include:

• Buying or selling a home, especially if there are title issues or complicated contracts involved
• Resolving disputes over property boundaries, easements, or rights of way
• Handling foreclosures or short sales
• Negotiating or drafting commercial or residential leases
• Dealing with landlord or tenant disputes, such as eviction proceedings or claims about property maintenance
• Transferring property as part of an inheritance, divorce, or trust
• Addressing environmental concerns or zoning violations
• Resolving defects or issues discovered after purchase, such as non-disclosure of major problems
• Pursuing or defending against construction or contractor disputes

A real estate lawyer can guide you through the paperwork, help you understand your rights and obligations, and represent you in disputes or court proceedings.

Local Laws Overview

Pennsylvania has distinct real estate laws and practices that buyers, sellers, landlords, tenants, and investors need to understand:

• Disclosure Requirements: Sellers must provide buyers with a Seller’s Property Disclosure Statement before a sale, detailing known material defects about the property.
• Title and Deed Transfer: Pennsylvania uses deeds (typically warranty or quitclaim) to transfer property. Most transactions involve a title search and title insurance to protect both the buyer and lender.
• Recording Requirements: Deeds must be recorded at the county Recorder of Deeds office where the property is located to establish public notice of ownership.
• Real Estate Taxes: Both local municipalities and school districts levy real estate taxes. Pennsylvania also assesses a realty transfer tax, which is typically shared between buyer and seller.
• Landlord-Tenant Law: State law governs lease agreements, security deposit limits, eviction procedures, and landlord obligations for property condition. Individual cities like Philadelphia may have additional rules.
• Zoning and Land Use: Local governments control land use through zoning laws. These regulations can affect how property can be used, subdivided, or developed.
• Foreclosure Process: Pennsylvania generally uses a judicial foreclosure process, meaning lenders must go through court to foreclose on a property.

Local county and city ordinances can also impact real estate matters, so it is important to check the specific rules for your area.

Frequently Asked Questions

What disclosures are sellers required to make in Pennsylvania?

Sellers must complete a Seller’s Property Disclosure Statement that provides information on the condition of the property, including plumbing, heating, electrical systems, water, structural problems, and other material defects known to the seller.

Do I need a lawyer to buy or sell a home in Pennsylvania?

While it is not legally required to use a lawyer for real estate transactions in Pennsylvania, having an attorney can help protect your interests, review contracts, resolve title issues, and ensure a smooth closing process.

What are the typical closing costs for buyers and sellers?

Closing costs can include title insurance, recording fees, taxes (including the realty transfer tax), and other expenses. These costs are often shared, but the specifics can be negotiated in the sales contract.

How are property boundaries established or disputed?

Property boundaries are determined by deeds, surveys, and local land records. If disputes arise, a surveyor may be needed, and legal action could be required to resolve complex issues.

What is Pennsylvania’s process for eviction?

Eviction in Pennsylvania generally starts with a notice to quit, then proceeds to a court hearing if the tenant does not vacate. Specific notice requirements and timelines apply, depending on the reason for eviction.

How does the mortgage foreclosure process work?

Pennsylvania uses a judicial foreclosure process, which means the lender must file a lawsuit in court. The homeowner may have options such as loss mitigation, repayment plans, or defending the foreclosure in court.

What is a deed in lieu of foreclosure?

A deed in lieu allows a homeowner to voluntarily transfer the property deed back to the lender instead of going through foreclosure. This option can have both benefits and drawbacks, so consulting an attorney is wise.

What should I know about tenant security deposits?

Pennsylvania law limits the amount landlords can charge for security deposits and requires that deposits held more than two years be placed in an interest-bearing account. Landlords must return the deposit within 30 days of lease termination, minus any valid deductions.

Do I need to worry about radon, lead paint, or other environmental hazards?

Sellers must disclose known lead paint hazards in homes built before 1978. Radon and other environmental hazards should also be disclosed if known, and buyers often conduct their own inspections during the purchasing process.

Can zoning laws restrict how I use my property?

Yes, local zoning ordinances regulate property usage, building types, lot sizes, and business activities. Check with your local zoning office before starting any new construction or changing a property’s use.

Additional Resources

Below are some helpful organizations and government bodies in Pennsylvania related to real estate:

• Pennsylvania Real Estate Commission - Regulates real estate brokers and agents
• Pennsylvania Department of State - Provides business and licensing information
• County Recorder of Deeds Offices - For deed recording and property records
• Local Bar Associations - Referral services for real estate attorneys
• Municipal Zoning Offices - Information on land use regulations
• Pennsylvania Housing Finance Agency (PHFA) - Resource for homeowners and buyers
• Local Legal Aid Societies - Free or low-cost help for those who qualify
• Consumer protection offices at the state or county level

Next Steps

If you need legal assistance with a real estate matter in Pennsylvania, here are the recommended steps to take:

• Gather all documents related to your real estate issue, such as contracts, deeds, correspondence, and notices.
• Determine what kind of legal help you need, whether it is reviewing documents, handling a dispute, or representing you in court.
• Contact a qualified Pennsylvania real estate attorney. Many local bar associations offer lawyer referral services.
• Schedule a consultation to discuss your situation and learn about your options and possible outcomes.
• If you have limited means, explore local legal aid organizations or contact the Pennsylvania Housing Finance Agency for guidance.
• Keep careful records of all communications and actions you take related to your real estate matter.

Timely legal assistance can be crucial in resolving real estate problems and protecting your rights. Do not hesitate to seek professional advice if you are uncertain about any aspect of your real estate transaction or dispute.