$ 450-600 per hour
James S. Tupitza
About James
Biography
I have been a lawyer for over 45 years. Most of that time was spent in cases touching real esate in some manner. I handle real esate transactions, real estate litigation and zoning and development. I am regularlyengaged in jury and non-jury trials, appeals to the Superior Court, Commonwealth Court and the Supreme Court. In addition, I enjoy teaching numerous continuing legal education courses each year. My firm is engaged by a significant number of Real Estate Brokerage companies and by tmembers of heir sales staff. We handle "failure to disclose" cases and a good number of boundary disputes, including adverse possession and paper street issues.
I also handle estates, and business matters.
I was previously an Assistant Scout Master and led high adventure trips for the Boy Scouts. (My sons are all out of scouting, but I am an Eagle Scout and I love the program)
You may notice that I was publically disciplined. Let me explain. I was hired by an individual who claimed his neighbor cut down several of his large trees and also directed storm water from his home down onto my client's home. We had a written fee agreement on an hourly basis and we got a $1000 retainer. We repeatedly unsuccessfully asked the client to get a survey to proove the trees had been on his property and he refused. On an almost daily basis the client would call or stop in the office for a status report and would be told "you need a survey." He then asked to change his fee arrangement to contingent fee. I agreed because he was veteran. We could not agree on the amount of the fee because he felt he had damages for emotional distress over the tree cutting and I felt there was no right to recover tis type of damages. My female paralegal called him back with her personal cell and he began calling her at all hours. She was kind and professional with him. When on a Saturday afternoon he insisted she leave a wedding to speak with him, she replied with a vulgarity ending in "You." He asked for his money back. It was still in escrow so a check was sent out to him which he refused to cash. I spoke with his new lawyer and I referred to him by a name the disciplinary counsel found to be so rude, so vulgar, and so disgusting that it would be the basis for the loss of my license unless I accepted pubic discipline for a list of offenses they prepared. I accepted discipline. I was wrong in not properly supervising my paralegal, and for stopping communication with the client. I did have a conversation with opposing counsel but said nothing that had not been said to the defendant's insurance adjuster, and I did call the client a name, which I reasonable believed to be accurate, when speaking with his new lawyer. I called him a kook.
After all this, we discovered the trees were actually well onto the neighbors' property, the neighbors' house was considerably lower than the client's house, and that the client had redirected his downspouts into long pipes going across his lawn, pointed directly at the neighbors' house.
I learned from this that, no matter how distastefull is is to fire a client, that must be done, rather than cutting off communications with a client. This was wrong. Our firm has implemented policies to learn from history and not repeat it.
Practice Areas
7
Practice Areas
Real Estate
45%
50 years
Appeals
10%
50 years
Commercial Real Estate
10%
46 years
Construction and Development
10%
50 years
Fees and Rates
Cost
Hourly Rates
Payment Methods
- Cash
- Check
- Credit Card
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Chat withLicenses
Licensed in Pennsylvania for 49 years
State: Pennsylvania
Acquired: 1976
Lawyer disciplined by state licensing authority in 2024
Location
Tupitza & Associates, P.C.
212 West Gay Street, West Chester, PA, 19380
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James S. Tupitza's Reviews
Avvo Review Score
16 Client Reviews
Filter Avvo Reviews (16)
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Practice Areas
What Clients Mention
Showing 6 - 10 of 16 reviews
Posted by Gary | December 11, 2017 | Hired Attorney | Business
I wish there were six stars......
From the moment I met Jim Tupitza, I knew I had found an amazing man of the law. I had questions on a new area of business, which has many gray areas, and Jim was astute beyond belief. I've worked with many lawyers through the years, but the combination of extreme wisdom and true humility I have ne...
Posted by Sherry | September 08, 2016 | Hired Attorney | Residential
Thank you
We hired Jim for a brief period to deal with a new construction purchase. Because of his prompt action, we were able to negotiate with the builder and saved a significant amount of money. Thank you!
Posted by Mohammad | August 07, 2015 | Real Estate
Best lawyer
I have been a real estate investor/landlord for 15 years and had worked with a few different lawyers during that time and not so happy with the services that I received, until I was introduced to Jim, through a real estate agent friend, about 4 years ago. In the past 4 years, Jim has helped me with s...
Posted by Kate | August 09, 2013 | Landlord & Tenant
Jim was born to be a lawyer
When I first contacted Jim, I was absolutely stressed out over what to do with a (litigious, opportunistic) tenant that was threatening to sue me for her own financial benefit. As the lawsuit materialized, Jim's experience, insight, and wisdom kept me calm throughout the process (not an easy task......
James Tupitza
Replied last August 15, 2013I appreciate the comment. This was a mold claim. They are always troublesome because very large financial demands are made, expert witnesses are needed, and there is usually no insurance to cover defense costs or eventual damages.
Posted by Irene | July 08, 2013 | Lawsuits & Disputes
Embarrasingly ill prepared
Based on the overwhelmingly good reviews on this web site, our family went forward with hiring Mr. Tupitza to represent our son in a small claims court case with his landlord in West Chester. I cannot express enough how ill prepared this attorney was when representing us in court. There were collect...
James Tupitza
Replied last June 01, 2023It distresses me that after 3 years someone would still be so angry that they would write this comment without first saying it to my face. On the other hand, I appreciate the criticism because it helps me improve the quality of services our firm provides. If everyone said only good things, I would be lulled into a false high opinion of myself. This was a small claims court case that we do not normally handle. One of four college roommates hired my firm to deal with a routine Landlord Tenant problem. Not much money was involved and the legal budget was low. I met with the client and went over the case. I did not take the time to have the client come up a second or third time from Virginia to prepare because it would have only generated fees and benefited no one. When younger, I tried this same fact pattern a hundred times. I was adequately prepared for trial. The small claims court judge simply decided to ignore the technicalities of the law and find for a local landlord against college students who were accused of totally trashing an apartment. What is critical is the fact that the landlord got a verdict for a small percentage of her demand. I suppose that anything short of an outright 100% victory is sometimes confused with a defeat. Obviously, I did a bad job of communicating with the client's mother after trial, and she is still obviously not happy with the result. For that I am sorry. We have discussed this situation at a staff meeting and have taken steps to address the issue. We try to explain to defendants that if someone is suing you claiming $12,000 in damages and the trial results in a $500 victory for them, your really won. Whether the trial is a LLT matter in small claims court, or a multi-million dollar trial in federal court, we prepare to go to trial and win. Unfortunately, we do not bat 1000.
James S. Tupitza's Lawyer Endorsements
"Jim is extremely knowledgeable in all areas of real estate law. He is also very "available" and personable. He is the lawyer I refer all my clients to that have any real estate issue. I know they will receive excellent service. I endorse this lawyer."
"I endorse this lawyer."
"James Tupitza impresses me for the passion and enthusiasm he has in providing high quality service to his clients. Mr Tupitza draws on a vast wealth of experience, and has the savvy to find a solution for his client's situation. I would not hesitate to refer clients to Mr Tupitza, knowing they will receive the high quality service they are seeking."
"I endorse this lawyer. Based on my first hand experience, I can say that Jim has the knowledge and compassion to be an excellent advocate for his clients."
"I endorse this lawyer."
"I wholeheartedly endorse this lawyer. A brilliant, trustworthy and highly respected attorney in the legal community."
"Mr. Tupitza is an asset to the bar, and his contributions to this site demonstrate the strength of his knowledge and his passion for helping people with legal issues"
"An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend him to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of his clients and getting them the most favorable result possible."
"I endorse this lawyer."
"Jim is a great man and a great lawyer"
"Lawyers who serve the avvo community as much as Mr. Tupitza are few and far between. It takes passion, concern and dedication to devote so much time. You have my endorsement and kudos."
"Mr. Tupitza and I practice in some of the same areas of law. I have had the privilege of reviewing many of her responses and comments to questions posted on Avvo. His answers and comments reflect a deep understanding of the law and have provided helpful information. I endorse this lawyer."
"Okay, I will admit I like attorney Tupitza - that's because his knowledge of the law relating to real estate is terrific. He has over a thousand published answers to questions on Avvo.com, dozens of published Legal Guides, the respect of his peers and endorsements by his clients, and his answers to all things real estate are dead on accurate and to the point. When an attorney sees another attorney doing a terrific job of helping people understand their rights and obligations, and doing it successfully for years, we not only respect the attorney, we like them too. If you have a real estate question and his office is anywhere near you, he is your answer. I highly recommend him to you."
"I endorse this lawyer."
"Jim is the type of lawyer I would refer to a close friend or family matter when they need to know the nuts and bolts of a real estate issue. I endorse this lawyer."
"Jim is a brilliant lawyer and speaker."
"Endorsement: I endorse this lawyer's work. I am familiar with Mr. Tupitza from his many insightful and intelligent answers to questions posted on Avvo. Always willing to help out and give good concise answers. In the end, you may need to hire an attorney to get to the outcome you seek, but at least here you can get a good start with his informative answers, blogs, and legal guides."
"I endorse this lawyer's work. His answers on Avvo reveal a thoroughness and understanding of the subject matter, as well as empathy for the person asking the question."
"I have known Jim for over thirty years in both a legal and personal capacity. Jim is one of the hardest working lawyers who never stops working on behalf of his clients. He is the go to guy when it comes to real estate issues both here in Chester County as well as around the state."
"With any real estate issue that you may have, Jim is the most knowledgeable and experienced attorney i know in Chester County. I have first-hand l knowledge of many of the victories he has had for his clients in very complicated matters."
Thomas Wilson
Lawsuits and disputes lawyer
Kathryn Peters
Litigation lawyer
Ronald Agulnick
Land use and zoning lawyer
Arthur Lefco
Lawsuits and disputes lawyer
Cheryl Smith
Real estate lawyer
Vicky Trimmer
Elder law lawyer
Michael Pollack
Real estate lawyer
Stephen Robinson
Real estate lawyer
Lyn Weinberg
Estate planning lawyer
John Wetzel
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David Holland
Real estate lawyer
Robert Bovarnick
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Douglas Foss
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James Goldsmith
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Richard Somach
Banking lawyer
Joshua Janis
Divorce and separation lawyer
Michael Reed
Criminal defense lawyer
Peter Hart
Personal injury lawyer
Richard Heller
Tax lawyer
Kimberly Venzie
Land use and zoning lawyer
Experience
Professional misconduct
This lawyer was disciplined by a state licensing authority in 2024.
Public Reprimand issued in PA, 2024
updated on 08/26/2024Public reprimand means an attorney did something wrong but may still practice law. The State gives the lawyer a public reprimand in hopes that he or she will not repeat the behavior. Details of the infraction are made part of the public record.
Honors
2020
2020 Super Lawyer, Pa Super Lawyer
2019
Super Lawyer, 2019 Super Lawyer
2018
2018 Super Lawyer, 2018 Super Lawyer
2017
2017 Super Lawyer, 2017 Super Lawyer
2016
Super Lawyer, 2016 Super Lawyer
2015
PA Real Estate Super Lawyer, Super Lawyers Magazine
2014
Pa Super Lawyer 2014, PA Super Lawyers
2013
PA Super Lawyer 2013, Super Lawyers
2012
Top Lawyer, Main Line Today Magazine
2012
Pennsylvania Super Lawyer, Super Lawyers Magazine
Work Experience
1976 - Present
Partner, Tupitza & Associates, PC
Associations
2017 - 2019
Pennsylvania Bar AssociationTreasurer Real Property and Probate Section
1978 - 2014
Chester County Bar AssociationChair Real Estate Section
Sample of Legal Cases
Le V. Century 21 at the Helm
After three days of trial the case was settled for the broker's insurance poliy limits of $1 Million.
Le v. Luu Dang et al
$3.8 Million dollar verdict, including $1 M in punitive damages
Rengepes v. Sandringham, Inc
$0 to the Plaintiff $60,000 to our client for rent and attorney's fees
Taylor v. Joynt
Case settled for $0 and mutual releases on eve of trial.
Arakelian v. Toll Brothers
Award for our client in amount of entire deposit and for return of Notes
Doll vs. Nellius
Unanamous verdict for our client
Stagliano v. Robert Bruce Designs, inc.
Verdict for client- main case and counterclaim Success after appeals to Superior and Supreme Court.
In re: Ag Security Area in East Lampeter Township
Commonwealth Court Affirmed. A win for the farmers that created statewide prededent.
In re: Agricultural Security Area in East Lampeter Township
Landmark decision in the Commonwealth Court
In re: Agricultural Security Area in East Lampeter Township
Landmark decision in the Commonwealth Court
Estate of Lewis v. Jarrett et. al.
Favorable settlement at the end of trial.
Robal v. Charlestown Township Supervisors
Success through two appeals, third appeal pending.
Brown v. Pulte Builders
Significant six figure victory for our client in arbitration.
Stead v. Rundatz
In the middle of jury trial, case dismissed on our motion.
Le v. Century 21 at the Helm
At end of trial, case was settled for the company's Insurance policy limits of $1,000,000.00
Education
1984
Villanova University
LL.M - Master of Laws
1975
Widener University School of Law
JD - Juris Doctor - Juris Doctor
Speaking Engagements
2019
Real Estate Agent and Broker Liability
Real Estate Agent and Broker Liability
2019
Boundary Law in Pennsylvania
Disputes over boundaries, trees, adverse possession, consentable lines, surveying issues
2019
23rd Real Estate Institute
Going Paperless in Five Easy Steps
2019
23rd Annual Real Estate Institute
What You Need to Know About Data Security and Privacy
2018
What's on Second? Advanced Lien Priority and Divestitutre
Advanced Lien Priority and Divestiture
2018
22nd Annual Real Estate Institute
Land Use: By Right Zoning. Forms Based Zoning Codes
2017
Litigating with Builders
Construction Litigation
2017
Boundary Law in Pennsylvania
Adverse Possession, Landlocked Property, Easements, Paper Streets
2016
Real Estate Agent and Broker Liability
Real Estate Agent/Broker Lawsuits
2016
Real Estate Agent and Broker Liability
Real Estate Agent and Broker Liability
2016
Easements and Rights of Way: Acquisitions to Zoning
Easements and Rights of Way: Acquisitions to Zoning
2016
Boundary Law in PA
Adverse Possession, Landlocked Property, Easements,
2015
Who's On First, Lien Priority
Lien Priority in PA
2015
Delaware County Bar Association RE Section
Litigating with Home Improvement Contractors
2015
Annual Real Estate Institute
Fair Housing
2015
Annual Agents Conference
Powers of Attorney
2015
2015 Real Estate Institute
Construction Defect Litigation
2014
Whats On Second, Advanced Lien Divestiture in PA
Advanced Lien Priority and DIvestiture
2014
Spring Bench Bar
Real Estate for Estate Practitioners
2014
Security Title of Baltimore Spring Conf
Why Title Agents Get Themselves Sued and Create Claims
2014
Real Estate Section Delaware County Bar Assn
Boundary Law and Private Roads
2014
Real Estate Institute
Home Improvement Consumer Protection Act
2014
Real Estate for Estate Lawyers
Title Curative
2014
Annual Estate Law Conference
Real Estate for Estate Practioners
2014
18th Real Estate Institute
Litigating with Builders and Home Improvement COntractors
2013
Who's On First, Lien Priority in PA
Lien Priority and Divestiture
2013
Real Estate Institute
Actions in Ejectment
2013
Getting to Yes
Sales Motivation
2013
Boundary Law in Pa
Disputes Between Adjoining Neighbors
2012
New England Mortgage Expo
Dodd Frank Enforcement
2012
Annual Real Estate Institute
Presenting a case to a Zoning Hearing Board
2011
Suburban West Realtors Legal Committee
Risks of Short Sales and REO Purchases
2011
PBI CLE in Pittsburgh
Litigating the Failure to Disclose Case
2011
PBI CLE
Boundary Law
2010
What's on Second, Advanced Lien Priority in Pa
Advanced Lien Priority and Lien Divestiture
2010
Gulf Coast CLE Institute
Principles of Influence
Publications
2016
Boundary Law In Pennsylvania 2016
Disputes Between Neighbors over Boundarys
2013
Pa Bar Institute
Liens on Real Estate
2010
Advanced Lien Priority in PA
Mechanic's Liens in PA
2009
Boundary Law by Penna Bar Institute
Disputes Between Adjoining Land Owners.
2009
Lien Priority in Pennsylvania
Federal Tax Liens
2006
Residential Real Estate Documents by PBI
Deeds in Pennsylvania
Activity
Legal Answers
Legal Guides
Legal Answers
Q&A
How long after I file a civil complaint in southern PA small claims court will the hearing take place?
22 Jun 2025
Q&A
Neighbor has his down spouts against my fence. How can I get him to move it?
23 Jun 2025
Q&A
If you share a sewage pipe with multiple neighbors and the pipe requires replacement, are all neighbors liable for sharing cost
23 Jun 2025
Legal Guides
Legal Guide
Quit Claims vs. Warranty Deeds
20 Dec 2014
Legal Guide
Mold and Chemical Contamination Cases in Residential Housing
09 Mar 2014
Legal Guide
Warranty of Habitability for Landlord Tenant Law
08 Mar 2014