REAL ESTATE DISPUTE ATTORNEY

MICHAEL DAIELLO

As a real estate dispute attorney to property owners, wholesalers, developers and investors, Michael Daiello helps resolve disputes and avoid costly mistakes.

Solutions for Property Owners

Property owners never want to become involved in a real estate dispute. Real estate disputes can be one of the most stressful and emotional types of legal disputes. Our practice helps property owners resolve disputes that create stress and uncertainty.

Unresolved disputes can cost property owners time and money. Property rights can even be lost if a legal issue or dispute is not promptly resolved. It is always best to act quickly to avoid a problem than to resolve a dispute through a legal lengthy legal proceeding.

Here are some of the problems we can help you resolve:

Title and Ownership Problems

Disputes Involving a Property

Problems Discovered after Purchase

Call us for help with your real estate problem.

Whether you are a homeowner, heir to an estate, developer, investor, or business owner, we help avoid mistakes and resolve disputes.

Fight for your Property Ownership Rights

Real estate fraud is a major problem in Pennsylvania. Owners of unoccupied properties are especially at risk. We know there are times when you need to stand up for your property ownership rights. Unscrupulous people may file a fraudulent deed, assert an easement or argue over your boundary line.  

A “Quiet Title” action is a lawsuit against another person to resolve a challenge or claim to the title. A typical ground for complaint includes the fraudulent conveyance of a property, perhaps by a forged deed or under coercion. If you believe you have been the victim of deed fraud or other dispute, it is critical to act quickly to protect your rights.

Protection for Rightful Owners of Abandoned Property

A person who occupies a property without permission of the owner may take legal title after twenty-one years. The legal term for this kind of “squatters right” is Adverse Possession. It is not enough that the possessor merely occupy for twenty-one years. The possession must be actual, continuous, exclusive, visible, notorious, distinct and hostile.

The only legal way to obtain title by adverse possession is by filing a legal case and issuance of a final order granting legal title to the possessor.

Remove Squatters and Trespassers

A person who has no lawful right to reside in a property and does not have an oral or written lease agreement must be ejected. This kind of person is also called a “squatter” or “holdover.” An ejectment action is a lawsuit to remove someone from a property when there is no lease agreement in place. The ejectment process is highly technical because it requires an appearance before a judge and knowledge of the Pennsylvania Rules of Civil Procedure.

Justice for Broken Agreements

Disputes of all types can result any time a real estate investment or property sale is involved. Legal cases are usually the result unless the dispute is covered by an insurance policy. A few common disputes include contractor walk-offs, failure to buy/ sell after signing, property manager mismanagement and more.

Right of Redemption Disputes

A homeowner who fails to pay real estate taxes may lose the property to a sheriff’s tax sale auction. But Philadelphia properties can be redeemed within nine months if the property is not “vacant” as defined by the law. The Right of Redemption creates uncertainty for the purchaser of the property and opportunities for the former owner.

Settle Boundary and Easement Claims

A property line dispute can result for many different reasons. Two of the most common are disputes over where to place a fence and regarding the location of a structure such as a shed. A property owner can permanently lose ownership of a section of their land if they allow an encroachment to exist for a long period of time.

It is also possible to obtain permanent access rights to a property known as an easement. Easements can be obtained by an agreement, but also through twenty-one years of continuous hostile use.

TESTIMONIALS

My partner and I had some title issues that needed to be resolved before we could purchase a property. Mr. Daiello was very personable and had a wealth of knowledge when it came to our real estate needs. He helped boost our business income and kept things on schedule. If anyone was on the fence about finding a good firm, I would tell you that Michael is by far one of the best attorneys I have ever had the pleasure of doing business with.

I’m very pleased to say Mike is an excellent professional. I found him because of an article he wrote but it turned out to be a great choice. Mike is not only a highly capable lawyer, he is well versed in a broad range of areas of the law. I’d certainly recommend him to others and will ask for his help in the future.

REAL ESTATE CASE STUDIES

Success for Victimized Real Estate Investor

A Philadelphia investor who tried to purchase an apartment building came close to losing a substantial entire investment when the seller tried to back out of the sale.

Our client came to us after investing thousands of dollars into the sale. The earnest money deposit for the property had already been deposited, and countless hours were spent on zoning professionals, surveyors, and comprehensive due diligence. When it came time to close the deal, the seller claimed there was a loophole to back out of the agreement of sale.

The seller engaged in a shady tactic of soliciting bids for higher offers after previously signing with our client. Naturally, the seller tried to use an alleged mistake in the agreement to cancel the first sale to increase their profit on a new sale. Since our client had not yet gone to closing, he was concerned that his rights to the property would be lost.

Our firm filed a lawsuit for specific performance action against the seller. Through this type of lawsuit, the seller could be forced to complete the deal outlined in the contract. We could prove that the actions of the seller were dishonest and against the good faith agreement made between the parties.

After moving quickly to advocate for our client in court, a judge issued an order compelling the sale of the investment property. Our client was able to recover his investment and take ownership of the apartment building. He could now use the capital from the sale as planned, and no longer had to worry about the potential loss.

If you or someone you know has a legal problem, call for a free case evaluation at (215) 918-4242 or message us on Facebook.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

Relief for Family Torn Apart Over Estate Property

A family in dispute finally found relief after one heir fraudulently transferred a property deed into their own name.

Our client and her two siblings inherited their father’s estate when he passed away. As the estate administrator, our client was in charge of dividing up the assets, including her childhood home. The heirs discussed selling the property to an investor, since it needed substantial repair and could be a tedious and emotional process.

When it came time to identify the terms of the will, our client discovered that her brother swiftly retitled the property deed into his own name, without knowledge or consent of the other heirs. Because the home was in an up-and-coming neighborhood, he wanted to take care of renovations himself and sell the property for a much bigger profit after completing the rehab.

Our client was shocked to learn that the deed was secretly transferred. Her brother claimed that he had the right to the property regardless of the will, since he helped his father maintain the property for years before his death. After months of arguing and even involving other family members, he still refused to rightfully restore the deed in his father’s name.

At a time when she was still mourning the loss of her father, our client turned to our firm to help her settle the matter quickly and quietly. She wished to move on with her life and resolve the family dispute before it became any worse.

When our client’s brother secretly transferred the property deed without the consent of the other heirs, he risked becoming vulnerable to fraud charges. Our firm identified estate fraud and pursued litigation to restore the deed.

Estate disputes like these can add tension to an already difficult time. Our client was able to have closure and make the rightful decision for her childhood home after we fought for her in court.

If you or someone you know has a legal problem, call for a free case evaluation at (215) 918-4242 or message us on Facebook.

Disclaimer: While we’re proud of our past victories, please note that past results are not indicative of future results and each case is unique.

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    FREE CASE EVALUATION

      MICHAEL DAIELLO

      ATTORNEY

      As a real estate dispute attorney to residential and commercial property owners, I help my clients avoid costly mistakes and resolve legal disputes. It is always better to avoid a costly mistake than it is to resolve a legal case. I provide sound guidance so that you can avoid pitfalls and focus on your passion – not legal cases. But if a dispute is unavoidable, I am an aggressive advocate for your real estate and business interests through litigation and trial.