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Eric Christian Milby

Eric Milby’s Answers

3 total

  • Can a Realtor prepare Sales Agreements?

    I am in the process of purchasing an investment property. Single Family. I don't want to use the Standard Sales agreement alone, so I ask him to prepare something else for me. His reply is that I need a Lawyer to do this? Why do I need a lawy...

    Eric’s Answer

    • Selected as best answer

    I believe that your real estate agent is giving you good advice. Real estate agents routinely fill out Pennsylvania Association of REALTORS' ("PAR") form Agreements of Sale. There are PAR classes available to them and there are instructions and guides on how to use such "standard" forms. However, you are asking him to do something different, not standard, i.e. to write a contract for which he has no legal training for reasons that are not made clear by your question. He is correct in recommending that you seek legal counsel. For most, the purchase of a home is the single largest investment they make in their life and the cost of a real estate lawyer for such a transaction is relatively modest. You are purchasing real estate for a commercial venture which suggests the need for legal advice is even more imperative. The cost of litigation when things go bad because a client decided to "save" the cost of seeking legal advice before a transaction is almost always a great many times the cost of the legal services that would have been spent to have a lawyer prepare or review the transaction in advance.

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  • I'm involved in a civil suit against me from a plumbing contractor for non payment. I refused to pay him because of poor work.

    I've contested the structural restoration work done by the contractor but he has made false statements of what he did both times in court. I can easily prove his misrepresentation of the facts. Can I pursue perjury charges against this contractor?...

    Eric’s Answer

    Your question raises many other questions. Notably, "both times in court" suggests you are far along the process and your opportunity to change the result may now be substantially limited if not foreclosed. Any remedy you still may have such as an appeal or petioning the court for a new hearing is time sensitive - the clock is ticking. Also, it is unclear to me whether you are the property owner or a general contractor. The available remedies are substantially different in the homeowner-to-business relationship than they are in the business-to-business relationship. The moral of this story is: get a lawyer!
    Separately, I dont understand a plumbing contractor doing "structural" restoration work.

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  • Name on Deed but not on Mortgage

    I have a home that I purchased with a young lady. I'm the only one on the mortgage but we are both on the deed. She moved out a while ago and basically disappeared. My only contact was a phone number but when ever I called never got a response....

    Eric’s Answer

    You probably need to file a lawsuit seeking "partition" to sever your joint interest in the property and permit it to be sold. If she is being uncooperative merely because of a breakdown in your relationship, you should advise her that the foreclosure of a property in her name will likely impact her credit negatively.

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