When Does Property Management Not Require a Real Estate License?

The licensing law contains a limited exclusion from the licensing requirement for persons employed by the owner for managing and maintaining multifamily residential properties. To rely on this exclusion, the regulations require the owner to retain all decision-making authority, including conditions of occupancy, negotiating leases and entering into leases with tenants.

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CDC Eviction Moratorium Extended Until July 31

No substantive changes to the eviction moratorium were made with this latest extension. However, the CDC also announced that this latest extension “is currently intended to be a final” extension and the “CDC does not plan to extend the order further.”

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Eviction Proceeding Timelines Modified

In response to the COVID-19 pandemic, the Pennsylvania Supreme Court made emergency rule changes to some of the timelines relating to residential eviction proceedings before magisterial district judges. These modified rules went into effect on Jan. 1, 2021. After seeking public comment and additional feedback on the modified rules, the Supreme Court recently announced it is modifying the timelines back to their original periods effective Jan. 1, 2022.

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When a Sale Is Terminated, What Happens to That Inspection?

The Pennsylvania Seller Disclosure Law requires sellers to disclose known material defects of a residential property to potential buyers, but it does not matter how a seller learns of that material defect. This includes material defects identified through a buyer’s inspection when the transaction does not ultimately close. In this situation, the seller’s property disclosure must be updated.

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Trial Result Could Impact Pennsylvania Real Estate Activity

PAR has been tracking Ladd v. State Real Estate Commission since it was originally filed in 2018. Though the case had previously been dismissed by the Commonwealth Court, on May 19, 2020, the Pennsylvania Supreme Court issued a decision reviving the case and sending it back to proceed to trial. The final outcome of the case could impact the licensing requirement for those engaging in Pennsylvania real estate activity.

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Removing Unwanted Occupants

In Assouline v. Reynolds, the Court unanimously held the Landlord and Tenant Act cannot be used to remove an occupant when no landlord/tenant relationship existed.

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