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If the person making the sale uses unlawful means to complete the sale, the buyer has a remedy under the UTPCPL. The Act itself describes the monetary remedy as the actual amount of damages and up to three times the amount of the damages ? also known as treble damages.
§ 7303. Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304 (relating to disclosure form).
The contract will always state the final say in all issues regarding the earnest money and due diligence fee. While both fees are negotiable they are not required. Make sure to ask your real estate professional what the local market is trending regarding both fees.
Deferring Capital Gains Tax: Buying another home after selling an investment property within 180 days can defer capital gains taxes. Although reinvesting the proceeds from a sale still obligates the payment of capital gains, it can defer them.
The simple answer is - no - you do not need an attorney to buy or sell a home in Pennsylvania. There is no legal requirement that an attorney be involved in any stage of the transaction. However, the proper question to be asked is if it would be advisable for you to be represented by an attorney.
By law, a Pennsylvania real estate sales agreement must provide a description of the property and any identifiable damage. Sellers must disclose any structural defects or problems tied into the property. This is to ensure buyers sign and agree to the sale with a full understanding of the property's condition.
A seller must disclose to a buyer all known material defects about property being sold that are not readily observable. This disclosure statement is designed to assist the seller in complying with disclosure requirements and to assist the buyer in evaluating the property being considered.
How to Avoid Capital Gains Taxes on Home Sale in Pennsylvania Ownership test: You have owned the home for at least two years before the sale. ... Use test: You must show proof of occupancy, meaning you have lived in the home and used it as your primary residence for at least two years before the sale.