Recent Answers to Pennsylvania Law Questions
Must I send demand letter to small business prior to filing civil suit,?
Property Damage
Demand Letter for Small Claims
Pennsylvania
I am suing contractor I hired to fix furnace but he broke it and made threats demanding more money to come back on what should have been warranty work. I send pictures of damage but no demand letter out of fear.
Christopher N.
The short answer is: no. HOWEVER, setting expectations up front, clearly identifying the issues and your evidence could facilitate a quicker settlement. The letter can also serve as a shot across the other party's bow to force the party to report the issue to their insurance company which MAY make resolving the damage claims a quicker affair.
Acceptance of residential Real Estate Offer in Pennsylvania
Real Estate
Agreement To Sell Real Estate
Pennsylvania
Selling Agent told our Buyers Agent (i am buyer) that there was another buyer, that they would do highest & best / Best and Final offers by Sat NOON time. We provided our best and final offer by Sat at NOON. Sunday approx. 3PM the sellers agent told our buyers agent that the sellers have selected your buyers offer, it was due to removing the inspection contingency and being within 5K of the other bidder, we were very excited. We do not have a conter-signed PA real estate contract, we have an email note from the seller's agent representing the seller to our buyers agent indicating the the seller has accepted your buyers offer. My Question: the acceptance was in writing (email) and signed by sender of email - Sellers agent, specifically indicating they accepted our offer which was signed and in writing. Subsequently the sellers agent indicated when they did not sign our offer, that since they had not signed and had not signed the specific contract, that they were accepting a 2nd offer at a higher price. Any hope of wining based on the acceptance of our offer was first, it was in writing (email) and signed by sellers agent?
Angela H.
The agent’s email will not be enough. You will need the agreement signed by the sellers, as they are the contracting party.
This is a very insignificant question but one that I cannot find an answer. On the PAR Agreement for the Sale of Real Estate there are numbers listed in parentheses after each section, such as, Purchase Price and Deposits (4-14). Are the numbers referencing something? What is the significance?
Real Estate
Real Estate Sales Contract
Pennsylvania
I am a trainer here in the Northeast and assisting our internal team players to understand a contract and pull information that is pertinent to their transaction.
Vicki P.
I would need to see the agreement so I could know what you mean.
Do I have a leg to stand on as a co-signer for my grandson's student loans?
Consumer
Release of Liability
Pennsylvania
I co-signed for my grandson's student loans. He defaulted on the Sallie Mae loans so my credit rating dropped form 825 down to 625! I picked up the payments in order to stop the fall of my credit. He promised to pay but I have not seen a penny. Also I have a parent loan I didn't know about that my daughter signed me up for so I'm paying that. My question is, do I have a leg to stand on with this fiasco. I will mention that I am going on 84 years old on a fixed income so this is a burden especially since the rest of his federal loans will need to be paid starting ion October because the pandemic forgiveness will be stopped.
Angela H.
Depending on the circumstances, if certain payment requisites have been made, one can petition to have a cosigner released from the account.
Must I sign a family settlement release for my fathers estate in PA in order for the executor to distribute monies?
Estate Planning
Settlement And Release Agreement
Pennsylvania
My fathers exectutor is ready to finalize the estate bank account and I received a "release" letter, must I sign it before money is distributed? (PA)
Ryan W.
In Pennsylvania, probate estates are wrapped up after the executor provides the beneficiaries with an accounting. The purpose is for the beneficiaries to review what the executor did during the administration of the estate and have the opportunity to voice any objections he or she may have. The release that you received is fairly standard in the estate administration process. You are not required to sign the document. The estate can also be finalized by requesting an order of distribution from a judge. If you do not happen to take issue with anything the executor did, signing the release agreement will likely be more efficient.
Can you explain and help with the process of dividing the LLC into 99% and 1%?
Business
Operating Agreement
Pennsylvania
I would like to make my dad a 1% owner in the company In order to have an LLC in PA under the age of 18. Me being 17, I would like to create an LLC so that I can function and be fully legal and transparent to the state of PA. I need more specific 1 on 1 guidance on how I can fully make this possible. Any information helps, thank you.
Ryan W.
Hi. This is a difficult question in terms of application and practicality. There is nothing in the LLC laws that prevent a minor from owning an LLC in Pennsylvania. However, the minor may not have capacity to sign a binding agreement such as the documents necessary to create an LLC. More than likely an option to consider may be to have a parent form the LLC and grant the minor an ownership interest through an operating agreement. However, each situation may be different and I urge you to contact legal counsel to discuss your specific circumstances.