Common Contingencies and Disclosures in Real Estate Sales Agreements

Disclosures and contingencies in sales contracts enable both parties to back out of a real estate deal if certain conditions are not met. Understanding how they work can help make the process easier and give you an opportunity to take a deep dive into the status and condition of a property.

What Does a Contingency Mean in Real Estate?

A contingency is a clause in a real estate purchase agreement that specifies a requirement or action that must be met to make the contract legally binding.  Contingencies protect both parties’ interests. Before a real estate contract becomes binding, both the buyer and seller must agree to the terms of each contingency and sign the contract. It is critical to have an experienced real estate attorney draft or review a sales agreement, especially if you are new to buying or selling real estate. Some contingencies can be challenging to understand – your lawyer can explain them in terms that are easy to grasp and advise you on whether certain contingencies may or may not benefit you.

Common Contingencies

Many different types of contingency clauses may be added to a real estate contract. Some of the most common include:

Mortgage contingency – This clause outlines the period of time in which the buyer must find financing to purchase a property. If a loan is not secured by this deadline, either party can nix the deal without consequence and the seller can put the property back on the market.

Title contingency – This clause allows the purchaser to do a title search and object to the title status of the property. If there are any liens or issues with the title, the buyer can renege on the deal.

Home inspection contingency – This gives the buyer a window of time to get the property inspected by a professional. Foregoing an inspection contingency is not recommended by real estate contract lawyers, as the inspection helps reveal any serious issues such as faulty plumbing, structural problems, or a leaky roof. If the property does have defects and the seller chooses not to repair or remediate the problems, the buyer can terminate the contract.

Prior home sale contingency – This clause benefits buyers who need cash from the sale of an existing home to buy a new one.  If they need to sell their home by the deadline specified in the contract but do not have a buyer, the contract can be terminated without penalty.

Appraisal contingency – This stipulation protects the buyer. If the property is not appraised for the sales price, the contract can be nullified. In most cases, the seller can drop the price to the appraised value if the buyer is still interested.

Insurance contingency – Often requested by the buyer or mortgage company, this contingency stipulates that the buyer must obtain homeowners insurance on the property. If they are unable to get insurance, either party can withdraw from the contract.

What is a Disclosure?

Most Pennsylvania real estate lawyers have clients who are selling property fill out a Seller’s Disclosure Form, which contains all the information about the home’s condition, defects, potential repairs, or any other issues that could affect the buyer’s decision.

If you need assistance with buying or selling property, our full-service law firm is here for you. In addition to handling real estate deals, our local lawyers for wills, estate planning lawyers, and living trusts lawyers can help you safeguard your assets and your loved ones’ interests.

This blog was originally posted at https://carosella.com/blog/common-contingencies-and-disclosures-in-real-estate-sales-agreements/

Benefits of a Revocable Trust for Rental Properties

Whether you already own investment property or you are considering getting into the business, it is important to consider issues such as how you want to integrate it into your estate plan. Putting property into a revocable trust can provide several benefits. However, it is essential to have an experienced living trusts lawyer assess your specific circumstances and advise you on the most effective option to protect your assets and pass them on to your heirs.

What is a Revocable Trust?

A trust is a legal arrangement in which a trustee holds assets for a beneficiary. Trusts can protect against creditors, help beneficiaries avoid probate, and allow the grantor (creator) of the trust to dictate the terms of an inheritance. A revocable trust enables the grantor to act as trustee and beneficiary while they are alive, and property can be added and removed as they see fit. Upon their death, the trust is managed by an appointed trustee. If you are considering a trust for rental properties and other assets, an estate planning lawyer can ensure it is set up properly.

Why Use a Revocable Trust for Investment Properties

A trust provides a layer of anonymity that can protect against lawsuits and keep your estate confidential. If there are multiple investors in a property, a trust allows you to define specific ownership interests, which can help everyone involved avoid hassles down the road. In this type of situation, seeking the counsel of a real estate lawyer and contracts lawyer is critical to ensuring your interests and the interests of your beneficiaries are fully protected.

Because a trust bypasses probate, it enables your loved ones to save time and money when it comes to settling your estate and gives beneficiaries of the trust access to your assets immediately upon your death. Probate can take up to two years in Pennsylvania. If you have a complex estate with a significant amount of assets or someone contests a will or estate, it can take longer. A trust can help make a difficult time easier for your family and minimize conflict when settling an estate. In some cases, it can also help to minimize the amount of estate taxes they may owe.

How a Trust Protects Your Interests

Should you become incapacitated or unable to manage your own finances, a secondary trustee can manage your trust and perform duties such as paying property taxes and insurance. A trustee has a legal obligation to look out for your best interests, so a living revocable trust also protects your assets from those with nefarious intentions.

How a Wills and Trusts Lawyer Can Help

Our estate planning lawyers, wills and trusts attorneys, and Pennsylvania real estate lawyers work collaboratively to help clients find personalized solutions that meet their needs. Our team has extensive experience handling all types of real estate transactions and estate planning issues and is dedicated to providing top-notch legal services to all our clients.

This blog was originally posted at https://carosella.com/blog/benefits-of-a-revocable-trust-for-rental-properties/

Protecting Your Business from Employee Claims

While owning a business is often fulfilling, entrepreneurship has its ups and downs. Regardless of the type of business you own, there is a wide range of employee grievances that can arise. Being prepared for any claims that come your way can help protect your business. Sitting down with a business lawyer and creating a plan to prevent and deal with employment claims can give you peace of mind and save you a lot of time and money.

Common Employee Claims

Whether an employee brings an internal complaint, EEOC claim, OHA complaint, or lawsuit, it is critical to be aware of potential pitfalls. Some common employment-related claims include:

• Wage, hour, and overtime claims
• Family and Medical Leave Act (FMLA) claims
• Workplace discrimination
• Sexual harassment
• Retaliation
• Wrongful termination
• Personal injury

Regardless of whether you settle or win a claim or lawsuit, they can be costly and take up time that could be spent running your business.

Steps to Take to Protect Your Business

Create a comprehensive employee handbook that outlines specific policies and guidelines. Business succession planning attorneys often recommend that employers create guidelines and policies in addition to creating a succession plan. This helps employees understand what is expected of them and can protect your business from employment litigation. It is particularly important to address issues such as discrimination and harassment, and to include policies regarding attendance, tardiness, time off, and how to report any complaints to HR or management.

Clearly define the responsibilities of each position. Clarifying tasks and the roles that each employee will play helps avoid misunderstandings and can improve employee satisfaction.

Maintain proper records and personnel files. One of the most important elements of defending yourself in any lawsuit is evidence. Properly documenting an employee’s hours, pay, performance and any complaints makes it much easier should an investigation be necessary.

Provide proper training. In certain industries such as construction, ensuring your staff is properly trained can be a matter of life or death. Employees who are properly trained and aware of procedures for all types of scenarios are less likely to make errors, become injured, or violate a company’s code of conduct.

Create employment contracts. Depending on the circumstances, employment contracts can be valuable tools that protect both you and your employees. They can be particularly useful when it comes to protecting sensitive or proprietary information.  Whether you want to create a basic non-compete agreement or a more complex contract, having an attorney for contract review is vital.

What is Employment Practices Liability Insurance (EPLI)?

Although workers’ compensation, general liability, and property insurance protect your business from certain types of liability, they do not safeguard you from employment-related lawsuits. EPLI is designed specifically to provide coverage against claims related to discrimination, harassment, wrongful termination, retaliation, and other workplace-related issues. If you own a business in Pennsylvania, talk to your business lawyer in West Chester to find out if EPLI may be a good option for you.

Contact a Business Attorney

Carosella & Associates can help you set up safeguards that protect you from liability, and our seasoned business attorneys also fight for your interests when litigation is necessary. Our full-service bankruptcy law firm and lawyers for wills and trusts can help you through tough financial times and assist you with all your estate planning needs as well.

This blog was originally posted at https://carosella.com/blog/protecting-your-business-from-employee-claims/

What to Do If You Have Been Accused of Sexual Assault

Being accused of sexual assault can have a devastating effect on all aspects of your life. If you are facing sex crime charges, it is important to take certain steps to protect your rights. The first thing to do is contact a local criminal defense attorney who is well-versed in Pennsylvania sexual assault laws. A lawyer can help you understand the charges you are facing and advise you of the best way to proceed.

Sexual Assault Charges in Pennsylvania

Depending on the circumstances of the case, sexual assault may be charged as a misdemeanor or felony in Pennsylvania. Rape is the most serious sexual offense and carries a maximum sentence of 20 years imprisonment and a fine of up to $25,000. Typically, a defendant who is convicted of a sex crime in Pennsylvania must register as a sex offender as well.

Steps to Take if You Have Been Charged with a Sex Crime

Underestimating the potential repercussions of sexual assault charges can be a grave mistake. Although our criminal justice system works most of the time, innocent people are sometimes convicted of crimes. Even if you merely suspect that you may soon be arrested or accused of sexual assault, contact a sex crimes attorney immediately.

Do Not Discuss the Allegations with Anyone

If you feel that you have been wrongly accused, you may feel compelled to tell your side of the story right away. Criminal lawyers always advise clients to refrain from speaking to law enforcement officers or anyone else about the alleged incident. Do not talk about the allegations with your friends, family, or anyone other than your attorney. Your loved ones may be called as witnesses against you in court and your words could be twisted to make you look guilty.

Even if you haven’t yet been arrested, if the police want to interview you, do not answer any questions. Always invoke your right to remain silent and never talk to the police or other law enforcement officials without a lawyer present.

Do Not Reach Out to the Alleged Victim

You may also be tempted to clear the air with your accuser. This is an extraordinarily bad idea. Do not talk to the alleged victim or ask someone else to speak to them on your behalf. You should also refrain from contacting any of their friends or family.

Listen to Your Attorney

Your lawyer’s job is to protect your rights and interests. Anything they ask you to do is for good reason. Although it can be challenging to keep a cool head when facing such serious charges, working with your attorney to prepare for court can give you a purpose and help you feel better. Your lawyer may ask you to write a summary of your relationship with the alleged victim, what happened that resulted in the accusations, and create a timeline of events. It’s also important to collect other evidence that may aid your defense, such as call logs, voicemails, texts, emails, DMs, and social media posts. You should also compile a list of potential witnesses your attorney may want to interview.

If you have been charged with sexual assault, it’s critical to find a criminal defense attorney you can trust. The experienced team at our full-service law firm in West Chester, PA works collaboratively to provide exceptional legal representation to all our clients.

This blog was originally posted at https://carosella.com/blog/what-to-do-if-you-have-been-accused-of-sexual-assault/

Breach of Contract Issues: Should You Sue?

A party failing to follow through on contractual obligations is a common occurrence that can throw individuals and business owners for a loop. So what can you do if you are on the losing end of a breach of contract? Although there are legal remedies available, it is important to determine whether filing a lawsuit is the most effective course of action. Before suing someone, the best contracts lawyers recommend that you speak to an attorney and find out whether it is worth your time and money.

Do You Have a Viable Case?

The first thing to do is to figure out whether you have a viable breach of contract case. An attorney can determine whether you have a cause of action by breaking a potential lawsuit down into certain elements. Factors that influence whether you have a good case include:

Contract formation – You must demonstrate that you entered a legally binding contract with the other party. Of course if you have a written agreement that is signed by both parties, this element is easier to prove. Determining whether you have a legally enforceable oral or implied contract based on your specific situation is more challenging.

Performance – You must also prove that you met your obligations under the terms of the contract. For example, if you are selling property and did what was required according to your real estate sales agreement but the other party reneged on the deal for an invalid reason, your real property lawyer may recommend that you go to arbitration or sue to keep all or a portion of their earnest money deposit.

Breach – Proving that the other party failed to meet their contractual obligations can be an uphill battle, especially if it is for something like a contractor doing shoddy work, as these determinations can be subjective. Having a lawyer by your side is critical to ensuring you have the necessary proof to demonstrate a breach.

Damages – Finally, you must establish that you suffered economic losses due to the other party’s breach of contract. Although you may think that proving this element is fairly straightforward, in certain circumstances it can be quite complex.

Can You Collect What You are Owed?

It is also vital to determine whether the other party can pay if you obtain a judgment against them. If you know that they do not have the funds, there is no point in suing them. However, if an individual or business has plenty of resources to pay what they owe, your attorney can look into different ways to collect, including wage garnishment, liens or other attachments to assets.

Alternatives to Litigation

Settling a dispute outside of a courtroom is usually more expedient and less expensive.  Your attorney can negotiate with the party directly or you can hire a mediator to a solution that works for everyone. Many contracts include an arbitration clause, which means you are required to go through binding arbitration instead of filing a lawsuit. There are exceptions to this rule if the terms of the agreement are deemed unconscionable or unfair. Using alternative dispute resolution is usually your best bet when dealing with a business partner. One way to potentially avoid this type of situation is to have a business succession planning attorney help you create a framework for what will happen if one partner leaves the business.

Dealing with breach of contract issues can be stressful and overwhelming. Our experienced team of contracts lawyers, business lawyers, estate planning attorneys and lawyers who deal with wills can help you resolve almost any type of legal issue you may be facing.

This blog was originally posted at https://carosella.com/blog/breach-of-contract-issues-should-you-sue/

Estate Planning for Family Heirlooms

Estate planning is a process that involves more than just specifying how valuable assets such as cash, real estate and other property will be divided. Other items such as family heirlooms may have more sentimental than monetary value, but they can be just as important to your loved ones. Including keepsakes and heirlooms in your estate plan can help your family avoid conflict and give you peace of mind. A Wills and estate attorney can help you create documents that outline your wishes for what should happen to specific items after your passing.

Talk to Your Loved Ones

Unfortunately, many people put off discussing estate planning with their loved ones, which can lead to problems down the road. Make a list of special possessions and the people you would like to give them to. Once you make the list, talk to each person individually and let them know your intentions, or you may want to gather everyone in a group. Each circumstance is different and only you know the best way to navigate your family dynamics. Being clear about your wishes ahead of time can help your family avoid any inheritance disputes.

Gift Items Now

Giving items away now gives you the benefit of seeing your friends and family enjoy the things you love.  If you have any items of significant value, talk with your estate law attorney about any long-term care planning or tax implications of gifting while you are still alive. Depending on the circumstances, putting certain assets in a living trust may be more appropriate, and can keep your family from requiring the services of probate attorneys to help settle your estate. .

Create a Personal Property Memorandum

Whether you already have a will or you are in the process of creating one, listing all of your property and who should have it within the will is not convenient or efficient. A personal property memorandum is an accompaniment to your Will, and can be in the form of a simple list or contain detailed instructions. Being as specific as possible is usually the best way to go to avoid any confusion later on. Your wills and trusts attorney can help to ensure this document meets proper legal standards.

Consider a No-Contest Clause

If you believe someone may contest your will, you can include a clause in your estate planning documents that states that an heir who challenges your will (and loses) gets nothing. This clause is commonly called a “no-contest” or “forfeiture” provision and can protect the legacy you want to leave behind.

Our experienced team of estate planning attorneys, real property lawyers and other legal professionals can help you build a personalized, comprehensive estate plan that protects your assets and ensures your loved ones are well taken care of.

This blog was originally posted at https://carosella.com/blog/estate-planning-for-family-heirlooms/

Can You Be Charged with DUI as a Medical Marijuana User in Pennsylvania?

More and more people are using medical marijuana for a variety of conditions. However, Pennsylvania law has not addressed the nuances of how or whether a medical marijuana patient should be charged with DUI if they are pulled over. Even if a driver is legally authorized to use cannabis and they are not high or impaired, if THC shows up on a drug test they can be charged with DUI. A drug DUI conviction can have serious consequences, so if you or a loved one has been charged it is critical to seek the counsel of an experienced Chester Country criminal defense attorney.

Pennsylvania Marijuana DUI Laws

Many other states require proof of impairment or have per se THC limits for operating a vehicle, but Pennsylvania has a zero-tolerance policy for marijuana – hitting the road with more than one (1) nanogram/milliliter of THC or cannabis metabolites in your system is still a crime. Because trace amounts of marijuana can be found in a blood test for up to 30 days, even if a person did not recently use it they can still face the same harsh penalties as a driver with a high blood alcohol content.

Although lawmakers in the Pennsylvania House voted to amend the DUI law to decriminalize trace amounts of marijuana for medical users, it has not been passed by the PA Senate and signed into law. This means that the commonwealth’s 368,000 medical marijuana patients could still face license suspension, months of jail time and hefty fines for a DUI conviction.

If a bill amending current drug DUI penalties is signed into law, police and prosecutors would need to prove that a licensed medical marijuana patient is impaired while driving instead of relying on a blood test to show that they used marijuana. DUI attorneys are keeping a close eye on this legislation and consider it a big win for medical marijuana patients if it becomes law.

Contact an Attorney if You Have Been Charged with DUI

Regardless of what type of charges you may be facing, it is always a good idea to have an experienced West Chester criminal lawyer by your side. Even if you have already been convicted of a DUI due to marijuana use, a defense attorney can help you apply for a pardon. Pennsylvania Governor Tom Wolf has already signed more than 300 pardons for people who were convicted of charges relating to marijuana, including some non-violent offenders who were convicted of illegal marijuana possession.

Although new legislation and Governor’s pardons are positive signs that the stigma surrounding marijuana use is changing, medical users are still being convicted of DUI. A good defense attorney fights for your rights and may be able to get charges reduced or dismissed, which can help you avoid the personal, professional, and emotional fallout from a marijuana DUI conviction.

Have you been charged with a DUI or another marijuana-related crime? Our experienced criminal defense attorneys and Chester county felony lawyers can help.

This blog was originally posted at https://carosella.com/blog/can-you-be-charged-with-dui-as-a-medical-marijuana-user-in-pennsylvania/