James S. Tupitza’s Guides

James S. Tupitza

West Chester Real Estate Attorney.

Contributor Level 18
  1. Mold and Chemical Contamination Cases in Residential Housing

    Written by attorney James Tupitza, 5 months ago.

    Many people find mold, or some other contamination in their home or apartment. They go to a doctor and are told the symptoms they exhibit must be coming from the mold or chemical. They then assume a

    1 person found this Legal Guide helpful

  2. Warranty of Habitability for Landlord Tenant Law

    Written by attorney James Tupitza, 5 months ago.

    Many tenants grow frustrated when a landlord does not make timely repairs, or when the conduct of neighbors interferes with the ability to live in an apartment. The Implied Warranty of Habitability We

    1 person found this Legal Guide helpful

  3. Pa Bad Check Law

    Written by attorney James Tupitza, about 3 years ago.

    Many people ask what to do when someone gives you a bad check. Of course, you can always sue to person. If they do not have enough money to make their check good, what do you think your chances of collecting are? Try reading this. ? 4105. Bad checks. (a) Offense ...

    1 person found this Legal Guide helpful

  4. What Does "Time is of the Essence" Mean?

    Written by attorney James Tupitza, about 3 years ago.

    Date in contracts are often important. In fact, they are often critical. If someone is going to buy your house and settle on July 11th, you don't want to get a call saying settlement is delayed until August. For that reason contracts will say "time is of the essence." This means ...

    1 person found this Legal Guide helpful

  5. What do you do when the Seller fails to disclose a Defect in the house

    Written by attorney James Tupitza, about 3 years ago.

    There are three basic remedies for failure to disclose in PA. First is a claim under the PA Unfair Trade Practices and Consumer Protection Act. Under the act, the court MAY treble your damages and award attorneys fees to you. Second, is a basic action for misrepresentation. Misre...

    1 person found this Legal Guide helpful

  6. How to Sell a House in Pennsylvania Part 2 The Deposit

    Written by attorney James Tupitza, about 3 years ago.

    This is the most important part of the agreement. Many sellers allow buyers to put down a deposit of only $1,000. This is foolish. Let me tell you why. When you hired your Realtor, you signed a listing agreement, which requires you to split the deposit 50/50 with your agent if th...

    1 person found this Legal Guide helpful

  7. How to Sell a House in Pennsylvania Part 1 The Sellers Disclosure

    Written by attorney James Tupitza, about 3 years ago.

    The Sellers Disclosure is like an insurance policy for you. You must take more time to prepare it than you think you should. Let me tell you why. Everyone has heard stories of sellers who moved on to a new home, only to be served with court papers from their buyer, claiming somet...

    2 people found this Legal Guide helpful

  8. How to Buy a House in Pennsylvania * Part 4 * The Dates

    Written by attorney James Tupitza, about 3 years ago.

    If you want to find the number one thing Buyers do wrong in real estate transactions, ask any Realtor or Real Estate Lawyer. They will tell you it is not paying enough attention to the dates. Lets start with a general principle of law. Unless a contact has special language making...

  9. How to Buy a House in Pennsylvania * Part 4 * Inspections

    Written by attorney James Tupitza, about 3 years ago.

    Are the inspection clauses in the contract for the benefit of the Buyers or the Sellers? The answer is both. The Seller wants you to have the right to perform every inspection you want so that the risk of a later lawsuit for failure to disclose is minimized. You want to inspect s...

  10. How to Buy a House in Pennsylvania * Part 3 * Standard Contract Risks -- Default or Damage Clauses

    Written by attorney James Tupitza, about 3 years ago.

    The Pennsylvania Association of Realtors Agreement of Sale has a box which a buyer may check, in order to limit the damages which the seller may seek on buyers default to the deposit actually paid. Many buyers say Ill never default so I dont care. The issue is not whether or not ...