Practices

General Litigation/Lawsuits

Our general litigation practice can accommodate the needs of a variety of litigants. Whether a dispute is in its infancy or has escalated into full-blown litigation, we strive to achieve the most sensible and effective results possible. Our responsiveness and attention to detail is second to none. Municipal/Magisterial District, Common Pleas and various Appellate level matters are considered as are flexible fee structures.

Approved Attorney Title Insurance

Harper J. Dimmerman, Esq. holds a special designation that enables him to provide title insurance in both the residential and commercial settings. Additionally, he has discretion when it comes to premium charges and therefore we can be more competitive than non-approved attorney title insurance companies. Lastly, Mr. Dimmerman’s knowledge of real estate law, as both a practitioner and professor adds value to these services, ensuring the greatest probability of success. Realize that consumers are at liberty to utilize any title company of their choosing.

There are two kinds of title insurance: the Loan Policy, which protects the lender's investment, and the Owner's Policy of Title Insurance, which protects the buyer's interests. If you are obtaining a loan to purchase your house, the lender will usually require that you purchase a Loan Policy to protect their investment. Additionally, you are urged to obtain an Owner's Policy for a one-time fee paid at closing to protect your own interests.

During our investigation of the legal title of the property that you intend to purchase, we may discover legal title problems you should understand. Generally, purchase agreements are conditioned upon a title search that guarantees that there are no existing liens on the property. If someone else has a claim to the property, that seller's title is not clear, in which case you would not be obligated to consummate the purchase. Title should be closely examined to determine whether there are any liens, encumbrances or other potential clouds on title, in advance of the settlement/closing date for the sale.

For instance, an implied easement may be present, where there has been a prior grant of an easement in a valid document that is too ambiguous to create an express easement. An implied easement exists where a person grants lands to which there is no accessible right-of-way except over her or his land, or retains land that is inaccessible except over the land which the person conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of accessing the property, and an easement is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved.

Your property may also be subject to a lien, which is a charge on the property to satisfy a debt or other obligation that has been recorded in the public records and is owed by the current owner of the property. In Pennsylvania, liens on a piece of property may include: mechanic's liens; construction liens; tax liens; federal and state tax liens; and support liens.

Commercial Real Estate Law

Commercial real estate law governs real property- immovable property like land, buildings and fixtures operated for profit. Commercial real estate includes any income generating property such as offices, shopping malls, restaurants, industrial parks, retail stores, and factories. Commercial real estate transactions are regulated by both federal and state laws. Although commercial real estate investment can be very profitable, there is always an element of risk involved, such as non-payment of rent or depreciation of the value of the property. Confession of judgment clauses can also have serious consequences and should be understood thoroughly before entering into commercial real estate deals.

Homeowner Association Law

A Homeowners' Association (HOA) is a legal entity that governs a subdivision, condominium or townhome development, or planned community. HOA membership is mandatory for all property owners within the development. The HOA is run by a board, which is bound by the HOA bylaws, and board positions are filled by election or appointment. The HOA collects a fee assessment from all owners to maintain common areas, address legal and safety issues, and enforce restrictions that are applicable to that particular residential area. The HOA also provides residents with a platform to address common concerns of the community.

Landlord and Tenant Law

Tenant rights and landlord disputes typically are governed by state property and contracts law. A lease or a rental agreement defines the length of the rental term, the price paid, penalties for late payments, and the amount of notice required before either the landlord or the tenant can cancel the lease. The landlord law invokes the duty to maintain the property in a reasonably safe condition in view of all the circumstances. Additionally, state or local landlord tenant law sets the requirements for evicting a tenant, which may occur for only a limited number of reasons before the tenancy expires. We also handle commercial landlord and tenant matters. Parties to commercial leasing arrangements should be keenly aware of confession of judgment clauses.

Residential Real Estate Law

The sale or purchase of a home is one of the most important legal transactions to which you will ever be a party. Understanding the process and legal requirements is absolutely vital. I encourage my clients to confer with me in advance of signing any legal documents that form a part of the real estate transaction. Real estate agents may act as a seller's agent, a buyer's agent, or as a dual agent, representing both the seller and the buyer in a single transaction. Under state law, real estate agents must provide you with written consumer notice that details your relationship with them.

Under the Pennsylvania Real Estate Seller Disclosure Act, a seller (exceptions exist) who intends to transfer any interest in residential real property must disclose to the buyer any material defects with the property. All applicable items in the Disclosure Statement must be completed and supplied to the buyer prior to the signing of a written agreement by the seller and prospective buyer. Material defects are problems affecting the property's value, or which pose an unreasonable risk to people on the property.

The Agreement of Sale is the contract between the buyer and the seller for the purchase of the home. It should contain an accurate description of the property and all of the terms of the sale, including the price, the terms of payment, the type of deed to be given, the date of possession, proration of real estate taxes, transfer taxes, financing, inspections and other contingencies. In many cases, provisions for items of personal property or fixtures may be needed as well. The buyer and seller will sign off on the purchase agreement, with any changes and concessions also being in writing. Closing costs may include the following: transfer taxes; recording fees; title insurance; property taxes; and commissions.

In Pennsylvania, a seller who agrees to sell a particular property must do so unless the buyer fails to meet all the terms of the purchase agreement. This is called specific performance. Specific performance is the court-ordered performance of each party's duties under a contract. Courts often award specific performance as an alternative to damages when the subject matter of the contract is unique. Such is the case with real estate purchase agreement; each parcel of land is unique. If you are having second thoughts about a particular sale, you should contact an attorney immediately.

Zoning, Planning and Land Use

Zoning is a system of land use regulation exercised by local governments and is sometimes referred to as zoning planning. Zoning regulations govern the types of activities that are acceptable on particular lots, as well as the height of buildings, and the amount of parking which must be provided; although most zoning law systems have procedures for granting variances. Zoning regulation and zoning ordinance falls under the police power rights that the local governments may exercise over real property. As former counsel to Philadelphia’s Zoning Board, for the purpose of drafting Findings of Fact and Conclusions of Law, I bring special knowledge of zoning matters to bear upon my cases.