There is no ‘Lemon Law’ in the purchase of Real Estate
– Robert Kevin Brown, Jr
There is a saying relative to planning and being prepared…”Measure twice; Cut once”
A prudent real estate transaction takes a great deal of planning. Whether residential, commercial, industrial or institutional, a significant amount of due diligence is involved. Planning is key whether the transaction involves a single family dwelling, an apartment complex, a shopping mall or a large office building. In any of those instances, the dollars that exchange hands is significant.
Attorney Brown takes great care to make sure that his real estate clients follow a detailed path, all the way through closing.
Once a closing occurs, there is no systematic return policy. It is not like taking a pair of pants back to the department store. While the law does provide for the instance where a seller can be forced to re-purchase real estate, a court is VERY loath to grant such relief to a plaintiff. One can sue for monetary damages, but ownership stays, generally, with the buyer.
In short, there is no “Lemon Law” (as there is with cars) in the purchase of real estate.
When selling or leasing as an owner, it is prudent to plan, as well. For example, disclosure of certain items is critical in avoiding a lawsuit down the road, or defending one if one occurs from a disgruntled buyer or tenant.
Yet, lawsuits do occur. Many of Kevin’s litigation clients come to him as a result of real estate transactions gone sour. His multi faceted professional experience in real estate make him well qualified to help his clients build a strong case.
Whether it is a tax assessment appeal, boundary dispute, adverse possession, a suit for damages, trespass, or any other myriad of issues that involve real estate, please contact Kevin’s office for a free initial consultation.
REAL ESTATE TAX ASSESSMENT APPEALS
In this world nothing can be said to be certain, except death and taxes.
– Benjamin Franklin
One of the largest “fixed” expenses for any owner of real estate is taxes. On the residential side, a change in taxes can make or break a family’s monthly budget. Even within the commercial real estate realm, a significant change in the annual tax expense can create a significant ripple effect in the monthly cash flow.
The calculation of real estate taxes is comprised as a product of 2 factors: a) the combined millage rates of the various municipalities. and b) the “assessed” value. For any owner of real estate, the lower the real estate taxes, the better.
Lowering the millage rates is an annual political battle. It is very difficult for any individual property owner to have a significant amount of influence on changing millage rates. On the other hand, with the right representation, an owner of real estate can have a significant impact on the assessed value.
–An “UN”welcome to the Neighborhood – the “Gotcha” Municipal Tax Assessment Appeal
Almost universally, when a real estate owner is faced with a real estate tax appeal, it is BECAUSE the school district (sometimes the municipality itself) files an appeal to raise the assessment to reflect a recent sales price.
In fact, this “gotcha” appeal is, essentially, an annual right of passage for almost every purchaser of real estate in Allegheny County- buy a house one year-defend a municipal tax appeal the next. To make matters worse, this often comes as a huge surprise to the purchaser.
For the last 30+ years, Kevin has had great success in representing both residential and commercial real estate owners in assessment appeal cases. His unique professional background in real estate gives him a distinct advantage in negotiating and, if necessary, litigating the interests of real estate owners in keeping their assessments as low as possible.