Legal Question in Wills and Trusts in Pennsylvania

I would need to know the differences among coop, condo and single family home. Could you please help me with it, I am going to sign a contract this Sat. to buy a property in Easton, PA, and I just found out that it is a coop not a condo. Thanks


Asked on 12/26/12, 12:41 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

A co-op is not real estate / real property. It consists of shares in a corporation that owns the property and a "proprietary" lease that goes along with the shares, permitting the unit owner to live in the apartment unit. In PA, you cannot get financing [mortgage] for the purchase of a co-op interest, because there is no PA law that makes a co-op interest equivalent to real property, and mortgages can only attach to real property.

A home, whether single family or multi-family, or any kind of building on land, and a condo unit, are real estate or real property, and therefore can be mortgaged for financing.

You really should have a lawyer advise you before you sign the contract and to assist you in the purchase. PA, unlike NJ, does not have an attorney review period that would allow you to cancel the agreement after it has been signed. So don't sign a PA contract without a lawyer looking at it first and advising you of its meaning and how it does or does not state what your understanding is.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/26/12, 3:25 pm


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