NEWS BRIEFS

Stay up to date on current News & Issues.

General News
Senate GOP halts fixes for Pa.’s troubled rent relief program, surprising even their own

Bucks County
Falls Township issues new U&O fact sheet, but process remains too burdensome

Chester County
Chester County initiative will support families and child care providers

Delaware County
Middletown to consider update to the comprehensive plan

Montgomery County
No tax hike in Upper Pottsgrove budget draft

Philadelphia County
City council proposes 1% construction tax, but also a delay in reducing property tax abatement

 

Blog

Wednesday, May 23, 2018

Act 133 Doesn’t Cover Pre-existing Conditions

Posted by: Pete Kennedy on Wednesday, May 23, 2018 at 12:00:00 pm Comments (0)

One seller was denied a U&O certificate because of tall grass.

What if your $600,000 home sale was in jeopardy, but a 15-year-old who lived around the corner could save it for about $30?

We recently got a call from a Realtor® who was selling a home, and the township would not issue a use and occupancy certificate because the grass wasn’t cut.

While that may sound like an excessive action by the township and a violation of Act 133, it actually was not illegal. The reality was that the township had issued a citation for the overgrown grass before the home sale began.

Act 133 prevents municipalities from withholding resale certificates based on code issues discovered during point-of-sale inspections, but it does not apply to pre-existing violations. Such violations might include building code violations, or missing or open permits.

We can glean two pieces of advice from this anecdote:

1) Listing agents should be proactive about finding out whether there are municipal code violations standing against a client’s property.

2) When it comes to small fixes — mowing the lawn, installing a smoke detector, etc. — it’s often faster and easier to simply address the issue than to fight city hall.

Read more about Act 133 in our blog post: ‘When Do I Schedule Inspections?’ And Other Important Questions.

Flickr image by Green Shadows (CC BY 2.0)

Designed and delivered by Accrisoft