Can I get out of a Standard Agreement for the Sale of Real Estate that I signed?

Q: I signed a Standard Agreement for the Sale of Real Estate and closing is scheduled for 7/26. I suffer from major depression and I was also withdrawing from a prescription from my doctor. I do not believe I was of sound mind and capable of making the decision at the time. Can I void the sale and cancel the closing? What are the potential consequences if I do this? (Pittsburgh, PA)

A: Your stated reason for rescinding the sales agreement will likely not be valid and I therefore would not disclose this to anyone. The answer lies within the language of the sales agreement. The damages against you may be limited to the security deposit. If so, the seller therefore cannot seek consequential damages. Read the paragraph which addresses damages. I am not sure which version of the sales agreement you have but it may be paragraph 22. If your damages are not limited by the wording of the agreement, I would pay an attorney to examine language of the agreement pertaining to inspections and other conditions precedent to acceptance of the property. If you have not already had an inspection performed, a building inspector may be very helpful to you. Follow the advice of your attorney.

I got a notice of deposition in aid of execution and I’m scared they will take my property

Q: Five years ago, I had to abandon my home to Bank of America and moved in with friends in another state because of impending foreclosure. Since we had no money we stopped paying credit cards. Most of the debts have since been forgiven but one. Discover was large, about 12K. About two years ago they sent a subpoena and I was scared and dealing with panic attacks. I gave in and signed forms and agreed to the law firm to pay 100$ a month. They set up a payment plan with automatic withdrawal for I think 6 months. When I called to reset the payments, they badgered me for more. They told me the amount was going up from interest and my payments weren’t even covering it. They reluctantly agreed to set up further payments for only 3 months so they could harass me some more when I called back. I told them that my sole income now was about $1,500.00 per YEAR, after my husband of 17 years had left. It didn’t matter to them. They would only set for another 3 months. I couldn’t handle it, and stopped paying after. I own nothing of value but an 18-year-old Pontiac. I am married for a year and husband owns this house. The bank account is mine and his check goes in so I can pay house bills. (Jeanette, PA)

A: I would consult with a consumer rights attorney to deal with these vultures. My thought would be the old proverb, you cannot get blood from a stone. If all your husband’s assets are in his name, he should be protected. From what you describe it sounds like they already have obtained a judgment against you? Therefore, they can only execute on your property-property in your name only. This does not include your husband’s property. If you have no property to execute on, it is not worth their time. I am not telling you to commit fraud, but someone in your situation may not want to have a bank account. I would need to know more information but I would be inclined to not pay them if you do not have the money. They have only sent a Notice of Deposition. This is not a court order and it is not a subpoena. You could choose not to attend. If you receive any more paperwork from them, take it to an attorney.

Can I sue a doctor’s office for embarrassing and humiliating me?

Q: Went to new OBGYN 4-4-17 with three windows. The lady to the right completely ignored me and the lady on the left was on the phone when she got off the phone she says “sir have you been helped.” I tell her I’m a woman and no, she doesn’t apologize. The woman to the right says this isn’t one of mine (there wasn’t any rapport no hello can I help you). The lady at the 3rd says are you so and so? I say yes and go to the window. I can hear the other 2 laughing. When I sat down I hear one woman say I still can’t see the difference they continued laughing. I go in for my appointment and when I’m done the women at the nurse station are looking at me and giggling. When I go back to the window to checkout there is a woman walking by the door in the back giggling and trying to get a look at me. She did this twice the 2nd time I made eye contact and gave her a look of I know what you are doing. I told the woman at the window what was happening and asked for the person in charge phone number. Supposedly, she’s on vacation for the rest of the week. Last night I was so upset playing it in my mind why didn’t I say something to them I cried in bed until I fell asleep.

A: You can call a personal injury or civil rights attorney for a second opinion, but I doubt if this rises to the level of a legal action in tort, infliction of emotional distress or discrimination if you have no damages other than hurt feelings. However, these people work for someone. Chances are the doctor, doctors or corporation that they work for may be offended by their employees behaving like this, especially in today’s political climate. I would find out who owns or manages this office and write them a letter telling them what happened. I would write to the owner, and copy the woman allegedly on vacation. Don’t be overly dramatic and just state what happened and how you felt. The world has many types of people in it and some are intolerant and insensitive.

When is it necessary to file an estate when father passes away? Three children are only heirs.

Q: Father passed away 2/22/17 (predeceased by our mother who died in 2002). The only assets would be a 2012 Jeep Patriot with $5,000 still owed, and a home with an $18,000 mortgage balance in a depressed area. There was a $7,000 life insurance policy which went entirely to pay for funeral, with three children also paying about $1,000 each towards funeral. Basically, we already know there are more debts than assets, and are hoping to avoid having to pay estate fees, etc., but we are not sure if an attorney is necessary or what we are required to do. (McKeesport, PA)

A: You would need to open an estate if you want to transact his property-sell his house and transfer any other asset in his name. The question you are facing is, is it worth the time and expense to do this, given the fact that it looks at this point to be an insolvent estate? I would need to know more of the details to properly advise you. However, I have advised clients over the years to walk away from situations like this. The home will just go to Sheriff’s sale. There is a chance that the taxing bodies-school and borough especially, could sue for a deficiency judgment in the tax sale. Although it is rare, I have seen that happen. I would gather all your information-statements, bills, the deed, the mortgage documents and consult with a local attorney.

What happens when one heir is bequeathed the title of a house and another heir an equity stake?

Q: My grandmother recently passed away. My grandfather passed away a few years ago and my mother, also the executor of her will, is her only child and has always lived with my grandmother in her house. In her final will my grandmother left my mother the title to the house with a 40% equity stake bequeathed to me. If my mother has zero intention of selling the house (which is paid in full), does she have to “buy me out” of the 40%? How exactly does this play out? I know that my mother inherited more than enough to cover my portion from my grandmother’s retirement accounts but she is so absolutely outraged that she wasn’t left the house 100% that she won’t include me or inform me of anything that’s going on with the estate/probate process. The estate lawyer never returns my phone calls either. I can only seem to find information when inherited houses are split equally among heirs. (Pittsburgh, PA)

A:  As mentioned, you need your own lawyer to look at the deed and the will. If the estate lawyer will not give you a copy, you can get a copy of the deed in Department of Real Estate in the County Office Building and a copy of the will, assuming it has been filed, in the Register of Wills which is in the City-County Building. Both are in downtown Pittsburgh. Based on what your limited information, it sounds like there will be a deed coming from the estate to your mom and you, 60% to her, 40% to you. I will assume the new deed will list both of you as tenants in common. Yes, unless the will directs otherwise, for example, a life estate to your mother, then you have a divisible interest in the house and can therefore try to force her to buy you out. If she will not agree to a buy out, you can file a partition action which is expensive and time consuming and should be a last resort. I think you need a lawyer as there may be other options. For example, she can grant a deed to you reserving for herself a life estate. This would allow her to live in the house until she is no longer able to or dies, then full title would pass to you. More information is needed to fully advise, but you should seek a legal opinion.

What is the punishment for answering wrong on a firearm application in PA?

Q: Record only shows a juvenile misdemeanor. He was not aware that his juvenile record would count against him. He thought that would be fine by now. He went to buy a rifle and he answered a question wrong. Now he is going to court. What is the prognosis on this? (Pittsburgh, PA)

A: To answer your question the best I can with this limited information, I will assume your son’s juvenile conviction was a misdemeanor 2 or greater, it appears on his criminal history and it is not an offense that can be expunged after he reached age 21. Based on these assumptions, he can be charged with 18 PA. C.S. Sec. 6111, Sale or Transfer of Firearms, a Felony 3. He can also be charged with 18 Pa. C.S. Sec 4904, Unsworn Falsification to Authorities, which is a Misdemeanor 3. I have some luck with these cases in my county based on how poorly written and confusing the question on the “Firearm Transaction Record” is. I suggest he hire a lawyer to investigate his prior offense and to represent him on these charges.

How can I get custody of my 14-month-old brother?

Q: Me and my fiancé have been taking care of my baby brother. My mom really doesn’t help. He has been at my house most of his life. For three months going on four months he hasn’t been at her house at all. She lost my two siblings to CYF. I have another brother who is with an uncle. She is supposed to go to drug classes and doesn’t because she feels she shouldn’t have to (that’s the only way she can see him). She comes over here and leaves and doesn’t take him, but when she gets mad she says give me my son or I’m filing kidnapping charges. I text her and ask her if she has food and diapers for him and she says no, she must go to the store (which she has been to plenty of times). She texts me and tells me she wants to die. I tried to 302 her but it was denied (I have no idea why) I need to keep my brother safe. What should I do? (Pittsburgh, PA)

A: I am wondering how she has custody of your brother with her CYF history, based on what you are saying about her condition and history. Perhaps you should try to reach out to CYF to see if they have an active case, or perhaps talk to the caseworker for the other children who apparently were dependent and in CYF care. If you can get their interest, and you want to put yourself forward as a potential placement resource, you need to have a suitable home and situation for a child. If CYF will not get involved for whatever reason, you might be able to file a petition for dependency and request that the child be placed with you. You can also seek the advice of a lawyer. If you cannot afford one, call the Allegheny County Bar Association. They may be able to advise you or refer you to an appropriate agency. If an emergency ever arises, you can also go to motions court through the pro se (self-representation) process and file an emergency motion for custody.

Do I have to turn over evidence with no discovery requests made?

Q: Opposing council has made no discovery requests. Do I have to turn over my evidence anyway? I am representing myself and headed for a jury trial in county court. (Tarentum, PA)

A: I am not sure if this is a civil or criminal matter but it sounds like you are in state court. The answer would be no in either court, criminal or civil. If no requests are made you have no duty to release information. If this was in Federal Court, you may need to.

What happens if I violate before it started?

Q: I was pulled over and received a simple possession charge a week before my introduction to the ARD program for a previous DUI charge. What’s the best course of action from here? (Peters Twp., PA)

A: You need to get the simple possession charge withdrawn or reduced to a summary offense at the District Justice level. If that is not possible you should try for a Probation Without Verdict (PWV) disposition at the trial level. It is still possible that the DA will revoke your ARD. I would talk to your lawyer immediately so he or she can check what the current DA policy is on this. The last time I had a client in this situation, the rule was that you could have a prior PWV and get ARD, but you could not have a prior ARD and get PWV.

Do I need a lawyer? Does he have a case?

Q: My husband and I have a 27 years old autistic son, I took care of him until he was 18 years old. He has been living with my husband since then. My husband wants to get divorce now and hired a lawyer to sue me for child support. My son receives SS and PPL. will I have to pay him? He makes more than 300,000 a year. I make $1,000 a month. (West View, PA)

A: Just because one parent earns much more than the other does not necessarily mean that the lower earning parent will not owe child support. The net incomes, in addition to other information (i.e. other support obligations, household income, unusual debts and expenses) are computed under the state child support guidelines. However, this is quite a disparity of income and should give your attorney much to work with to lower your support as much as possible.