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Tupitza Law Group

Tupitza Law Group

A Pennsylvania Law Firm

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Author: James S. Tupitza

Challenge of Gas Lease- No Extension of Term

Posted on March 22, 2015 by James S. Tupitza

Wayne and Mary Harrison challenged the validity of their gas lease with Cabot Oil & Gas, and Cabot claimed such challenge in the courts acted to repudiate the lease thus entitling it to relief which extended the term of the lease.  The case was t...

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Real Estate Agent NO-DEAL-Notice

Posted on March 10, 2015 by James S. Tupitza

All we need is one more Real Estate Agent Notice…….   However, in a discussion yesterday, it became clear that it is very easy to confuse the subject of offer, counteroffer, counter counteroffer, E TC in real estate contract formation.  I...

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Title Insurance Licensing Exam Training

Posted on March 4, 2015March 9, 2015 by James S. Tupitza

Everyone in the title insurance industry recognizes that title insurance licensing exam training will be a hot topic this year. The PA Title Insurance Licensing Exam will be required of many in the industry.  This is driven by lenders and by the Amer...

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Procurring Cause – Which agent Gets the Commission?

Posted on March 4, 2015March 4, 2015 by James S. Tupitza

An interesting question was posed by a real estate licensee the other day.  Let’s look at the facts: Agent 1 was driving the consumers around and pointed to a new community as they drove past its entrance.  Weeks later the consumers, without an...

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Home Improvement Consumer Protection Law (HICPA)

Posted on January 8, 2015 by James S. Tupitza

Home improvement contractors in Pennsylvania are subject to regulation. Homeowners often get confused about when the new law, known as the Home Improvement Consumer Protection Act (“HICPA”) applies.  Here is an excerpt from some Continuing Legal  Edu...

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NBC Investigative report on Toll Brothers quotes Tupitza

Posted on January 5, 2015January 5, 2015 by James S. Tupitza

NBC 4 in Washington, DC just published an investigative report on Toll Brothers. (If only we could have trained the on-air reporter to pronounce Tupitza as “2 Pits Ah”  instead of  2 pizzas!!!)  Their focus was on buyers who lost their do...

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Buying a New Construction Home

Posted on August 31, 2013August 31, 2013 by James S. Tupitza

Buying a home that is a new construction home seems easier. It is certainly more risky. It does not matter if the builder is Toll Brothers, Pulte, Orleans or Joe with a pickup truck,  the risks a buyer encounters in new construction greatly exceed th...

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Adverse Possession

Posted on August 23, 2013August 23, 2013 by James S. Tupitza
Adverse Possession

1.  ELEMENTS          A claimant must prove actual, exclusive, visible, notorious, distinct and hostile possession of the land continuously for 21 years. 2.  STATUTORY BASIS       The statutory basis for adverse possession is 42 Pa. C.S. § 5530, whic...

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Neighbors Trees and Bushes at Property Lines

Posted on August 23, 2013August 23, 2013 by James S. Tupitza
Neighbors Trees and Bushes at Property Lines

One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes.  The planting of an acorn five feet from a property border may be meaningless in the life of the planter.  However, as that tree grows s...

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Deed Out of Estate – Should I use a quitclaim deed?

Posted on April 11, 2013 by James S. Tupitza

QUESTION:     Should a decedent’s estate administrator use a quickclaim deed to transfer estate property to himself before transferring to heir.  Administrator does not want to leave the property in the name of the decedent who died 7 years ago...

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