Attorney Betty Dillon handles a variety of real estate issues for clients in Bethel Park, Pa and the Pittsburgh, PA area  including sales agreements, deeds, settlements, closings, property disputes, leases, and other landlord – tenant issues.  Attorney Dillon has experience in residential real estate transactions as well as document preparation.  She handles many different aspects of real estate law including the following legal matters:

Common Questions Regarding Real Estate Law Issues Include:

Home Purchase Or Sale:
	I'm trying to sell my home without a realtor; what must I tell a potential buyer about any problems with the property?
	My husband died recently. How can I have his name removed from the deed to our house? Or should I add my adult children's names or put the property totally into their names?
Leases:
	My mother's lease doesn't expire until next September. But she's taken ill and probably will have to move in with me. Doesn't the landlord have to let her out of the lease under these circumstances?

I'm trying to sell my home without a realtor; what must I tell a potential buyer about any problems with the property?

Under the Real Estate Seller Disclosure Act, you are required to complete and provide a Seller's Property Disclosure Statement, which is designed to elicit information concerning material defects in the property. Areas covered include the roof; basements and crawl spaces; termites/wood destroying insects, dry rot or pests; structural items; water and sewage; the plumbing systems; heating and air conditioning; and the electrical systems. The statement should be signed and given to the buyer prior to the signing of the Sales Agreement. Should you fail to comply, you would risk liability for any actual damages suffered by the Buyer.

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My mother's lease doesn't expire until next September. But she's taken ill and probably will have to move in with me. Doesn't the landlord have to let her out of the lease under these circumstances?

There is no such legal requirement. There may be an early termination provision in the lease, but that's unlikely. If the lease contains no such clause, your mother will have to negotiate with the lessor to attempt to be relieved of her liability under the lease.

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My husband died recently. How can I have his name removed from the deed to our house? Or should I add my adult children's names or put the property totally into their names?

There is no need to remove the name of a deceased co-owner's name from a deed. When the property is sold, whether during your lifetime or after your death, a new deed will have to be prepared. This new deed will include the fact of your husband's death; and his death certificate will have to be provided.

While everyone's situation should be analyzed individually, in general I do not advise putting real estate into children's names. By doing so, you lose exclusive control over the property; for example, to sell, mortgage, obtain a home equity loan or reverse mortgage. The property may be at risk if your child should get into financial difficulties or a divorce. You might run afoul of Medicaid regulations concerning eligibility for assistance for nursing home care.

Even from the children's point of view such a conveyance can be a bad idea. Capital gains tax could well exceed inheritance tax. The decision on titling a house may need to be part of a comprehensive estate plan.

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