Ownership of, or title to, real estate, whether commercial or residential, is transferred with certain guarantees or warranties made by the seller that the title to the property is being transferred free and clear of any ownership claims or other encumbrances (including financial ones). 

General Warranty Deed

A General Warranty Deed is one type of deed that is used to transfer real estate. A General Warranty Deed guarantees to the buyer that the title to the real estate is free and clear from any defects or encumbrances, including those accrued by any previous owner.

A General Warranty Deed is not a substitute for title insurance. By paying for title insurance, a buyer shifts the risk of overcoming title defects from himself to the title company. It’s far easier (and cheaper, from a litigation perspective) to for a buyer to make a “title claim” (rely on the title company to overcome the title defect) than to directly sue the seller to enforce their warranty. Sellers may leave town, die, or be insolvent.

Special Warranty Deed

A Special Warranty Deed is the type of deed by which the seller only warrants or guarantees the title against defects in title that may have accrued during the period of its ownership of the property. The grantor of a Special Warranty Deed does not provide a warranty or guarantee against any defects in title that existed prior to its ownership.

Although the use of the word “special” in the name of a warranty deed may imply to a real estate buyer the idea that the deed is of higher quality, this is misleading since a Special Warranty Deed is actually of lower quality, A Special Warranty Deed offers less protection against possible defects in title than a General Warranty Deed because a buyer has no remedy against a seller for a title defect accrued prior to the seller’s ownership.

Does It Matter Which Deed Is Specified in the Agreement of Sale?

The boilerplate language in the PAR Agreement of Sale prescribes a “Special Warranty Deed.” The forms committee of the Pennsylvnia Association of REALTORS® purposefully omitted “General Warranty Deed” from the boilerplate language of the Agreement of Sale.

It is common to see a change the PAR Agreement of Sale to say that a seller shall instead convey ownership by a General Warranty Deed. 

As a practice point, PAR’s legal counsel recommends that a Seller, when faced with an offer that specifies they convey title by a General Warranty Deed, strike that language, thereby reverting the type of deed conveyed back to a Special Warranty Deed.

PAR’s legal counsel further states that “no deal should fall apart on account of the choice of a Special Warranty Deed.” Why?

No rational Seller would take responsibility for encumbrances accrued prior to their ownership. This is why General Warranty Deeds should be avoided by Sellers.

From a Buyer’s perspective, a title policy serves to even the quality between a Special Warranty Deed and a General Warranty Deed.

If a buyer is borrowing money to help with their purchase, the mortgage lender will always require that buyers purchase title insurance. In the case of “cash” purchases, no rational buyer should purchase real estate without also purchasing title insurance. 

By: G. M. Filisko

Make your home warm and inviting to boost your home’s value and speed up the sale process.

The first step to getting buyers to make an offer on your home is to impress them with its appearance so they begin to envision themselves living there. Here are seven tips for making your home look bigger, brighter, and more desirable.

1.  Start with a Clean Slate

Before you can worry about where to place furniture and which wall hanging should go where, each room in your home must be spotless. Do a thorough cleaning right down to the nitpicky details like wiping down light switch covers. Deep clean and deodorize carpets and window coverings.

2.  Stow Away Your Clutter

It’s harder for buyers to picture themselves in your home when they’re looking at your family photos, collectibles, and knickknacks. Pack up all your personal decorations. However, don’t make spaces like mantles and coffee and end tables barren. Leave three items of varying heights on each surface, suggests Barb Schwarz of Staged Homes in Concord, Pa. For example, place a lamp, a small plant, and a book on an end table.

3.  Scale Back on Your Furniture

When a room is packed with furniture, it looks smaller, which will make buyers think your home is less valuable than it is. Make sure buyers appreciate the size of each room by removing one or two pieces of furniture. If you have an eat-in dining area, using a small table and chair set makes the area seem bigger.

4.  Rethink Your Furniture Placement

Highlight the flow of your rooms by arranging the furniture to guide buyers from one room to another. In each room, create a focal point on the farthest wall from the doorway and arrange the other pieces of furniture in a triangle around the focal point, advises Schwarz. In the bedroom, the bed should be the focal point. In the living room, it may be the fireplace, and your couch and sofa can form the triangle in front of it.

5.  Add Color to Brighten Your Rooms

Brush on a fresh coat of warm, neutral-color paint in each room. Ask your real estate agent for help choosing the right shade. Then accessorize. Adding a vibrant afghan, throw, or accent pillows for the couch will jazz up a muted living room, as will a healthy plant or a bright vase on your mantle. High-wattage bulbs in your light fixtures will also brighten up rooms and basements.

6.  Set the Scene

Lay logs in the fireplace, and set your dining room table with dishes and a centerpiece of fresh fruit or flowers. Create other vignettes throughout the home — such as a chess game in progress — to help buyers envision living there. Replace heavy curtains with sheer ones that let in more light.

Make your bathrooms feel luxurious by adding a new shower curtain, towels, and fancy guest soaps (after you put all your personal toiletry items are out of sight). Judiciously add subtle potpourri, scented candles, or boil water with a bit of vanilla mixed in. If you have pets, clean bedding frequently and spray an odor remover before each showing.

7.  Make the Entrance Grand

Mow your lawn and trim your hedges, and turn on the sprinklers for 30 minutes before showings to make your lawn sparkle. If flowers or plants don’t surround your home’s entrance, add a pot of bright flowers. Top it all off by buying a new doormat and adding a seasonal wreath to your front door.

So-called “Rivertown” is nearly 100 neighborhoods strong

Sometimes the biggest surprises are waiting in the places we least expect. 

For visitors and travelers alike, and even for those who are longtime local residents, the city of Pittsburgh has a reserve of unexpected delights. And the list of must-see attractions continues to grow every year. 

With its 90 distinct and highly diverse neighborhoods, Pittsburgh has evolved from a gritty industrial city into a destination for discriminating diners, curious shoppers, coffeehouse lovers, and aficionados of the city’s vast cultural resources. Many are walk-able districts that are also connected via bike and walking paths, public transportation lines, and major roadways. 

Pittsburgh’s ethnic mix and industrial heritage helped shape this web of neighborhoods into today’s distinct enclaves with their own identities. At the city center today, Downtown Pittsburgh teems with things to do. Long regarded as a business district with little activity after 5 p.m., the area now buzzes all day and into the night. Its 14-block Cultural District and surrounding streets are packed with restaurants, public art displays, outdoor parks, and a variety of festivals. 

The critical mass filling downtown is a driver behind other recent arrivals—namely residential homes and new retail amenities. A growing mix of new luxury apartments, condominium homes, and mixed-use office/retail developments lure more and more professionals every year from other cities as well as suburban Pittsburgh towns. 

And that’s just downtown. Heading east just a few blocks past the city's convention center lies a mix of old and modern Pittsburgh within the vibrant Strip District. Primarily known in the past as a wholesale district with little going on after business hours, today’s Strip is a center of development. The evolving neighborhood offers an eclectic selection of food retailers, specialty shops, restaurants, brewpubs, and other attractions.

While the older wholesale businesses continue to operate side-by-side with these newcomers, the Strip will continue to change even further in coming years. The historic terminal produce building complex is undergoing major redevelopment initiatives to make way for a new mixed-use project.

On the district’s eastern edge, numerous residential developments and professional office buildings are already attracting more professionals and even retirees drawn by the growing list of amenities, including the prime riverfront location and proximity to surrounding neighborhoods. (Quick access to Pittsburgh’s three major sports stadiums and easy connections to major roadways around town aren’t hurting matters either.) New cafes and retailers are opening for business as more residents and office workers arrive. 

Next up on the list of neighborhoods to explore is trend-setting Lawrenceville. Often compared to portions of New York City’s Brooklyn for its redevelopment successes, both Upper and Lower Lawrenceville have helped set the pace during Pittsburgh’s revitalization for 10 years and counting. A batch of hot restaurants, coffee shops, craft breweries, and boutiques have opened in recent years along with new condominiums and townhomes now dotting the thriving Butler Street corridor. 

Keeping up the pace, an entire day’s worth of discoveries await in the established neighborhood of Shadyside. Luxury shopping options and fine-dining establishments pair naturally with the area’s large, upscale homes at some of Pittsburgh’s highest price points. The Walnut Street strip that cuts through the district continues to offer some of the region’s most sought-after retail outlets and restaurants.

Immediately next door, Oakland offers cultural and intellectual outlets usually found only in much larger cities. Both Carnegie Mellon University and the University of Pittsburgh’s main campuses operate here just blocks from each other. A global mix of restaurants matches the international student and faculty population. The collection of museums in Oakland are unmatched in any city close to Pittsburgh’s size. Search for the latest listings in Oakland.

There’s even more to Pittsburgh outside that handful of neighborhoods. An entrepreneurial streak has propelled major redevelopment progress in East Liberty, where residents and business owners are drawn to lower real estate prices as well as proximity to Shadyside, Lawrenceville and Oakland. Squirrel Hill and Regent Square are known for amazing local food scenes and family-friendly shopping. And Bloomfield, Pittsburgh’s historic Little Italy district, continues to draw newcomers who live side-by-side with generations of locals.

The list goes on, but that’s a sampling of what modern-age Pittsburgh offers. The momentum is set to continue well into the future. And if the past is any indication, the city’s future is bright. 

If you haven’t visited North Park in the North Hills of Pittsburgh, you’ve been missing out. North Park is the largest park in the Allegheny County Parks system, spreading its features over 3000 acres.  Don’t be intimidated, because this is a place you will WANT to get lost in. But just in case, here’s the Google Map of North Park:

Now that you know WHERE the park is, it’s time to figure out what to do there. Here’s a list of some of the best things North Park has to offer:

#1 – The Lake

North Park Lake has been providing enjoyment to Pittsburgh residents since the 1930’s. The man-made 75 acre lake is a fisherman’s dream. Kayakers and rowers are welcome too. If you don’t own a kayak – don’t panic – for Venture Outdoors at The Boathouse rents them out. If you prefer, you can enjoy the lake from a distance. There is plenty of room set aside for walkers, runners, bikers and roller-bladers on the 4.5 mile path running alongside the lake. If you are in need of a bike or some fish bait, North Park Bicycle Bait & Tackle on the corner of East Ingomar and Kummer Road has been servicing park goers since, well, there was a park to go to. When you’ve worked up an appetite, visit “Over the Bar,” the restaurant at The Boathouse. Enjoy a good meal, cool drinks, and arguably the best view of the lake that the park has to offer.

#2 – Sports

One of a handful of Paddle Tennis Courts at the park.

Whatever sports you play, North Park will give you a place to play them. Are you a hiker or a mountain biker? North Park has some of the best trails in the area. After you’ve warmed up at the North Park Batting Cages, claim one of the baseball fields scattered throughout the park. Three full-size basketball courts are located by the Ice Skating Rink. Brand new tennis courts are currently under construction. In the meantime, test your reactions on the Paddle Tennis Courts (pictured above). If golf is your thing, you can warm up at North Park driving range and make a day of it at North Park Golf Course, or keep it casual at Chubs Par 3. But if you REALLY want a challenge, Humpty Dumpty is waiting for you at the North Park Miniature Golf course. Beware, he shows no mercy.

Bring it on.

#3 – Go Ape, Treetop Adventure

Go Ape at North Park in Pittsburgh.

Looking for a one-of-a-kind adventure? Look no further. Go Ape has opened a location in North Park and is now providing one of Pittsburgh’s most unique outdoor activities. Essentially, Go Ape is an obstacle course – in the trees! Go Ape offers over 40 different stages separated by swings, zip-lines and other crazy obstacles. They offer courses for both kids and adults. Check out their website for pictures, prices and FAQs. Are you ready to Go Ape yet?

#4 – Events and Get-Togethers

The bridge to Marshall Island.

If you are looking for a place to get together with your family or friends, North Park will welcome you and yours with open arms. My personal favorite relaxation spot is a tie between Marshall Island (pictured above) and, what I call, Lilly Pad Lake (pictured below). There are a few top-secret chill-out spots throughout the park too. Explore long enough and you might just find them. Plan on hosting a holiday picnic or a graduation party? The park has over 100 groves, shelters and facilities of all sizes and variable amenities available for rent. With over 3000 acres to its name, North Park will always have an open spot. Keep in mind, the park is always hosting its own events and community gatherings. Check out their events webpage for a look at what they’ve got planned.

The view from a bench at Lilly Pad Lake.

#5 – The Swimming Pool

No, you can’t swim in the lake. With that said, allow me to introduce you to the North Park Swimming Pool – arguably the best public swimming pool operating in the Greater Pittsburgh Area. This is the place where fun-seekers and sun-bathers go to soak in the rays and immerse themselves in over two-and-a-half MILLION gallons of water each and every year. Yes, this pool is massive. So massive that it was once considered the world’s largest swimming pool. When you feel the urge to heat up or cool off, let The North Park Swimming Pool set the scene.

The iconic pier.

North Park cannot be summed up in a single blog. I’m not so sure it can even be fully explored in a single lifetime. What I AM sure of, however, is that North Park is an unforgettable place with so much to offer. Do yourself a favor and come see what all the hype is about.

NP info and links from AGC NP website – http://www.alleghenycounty.us/parks/north-park/index.aspx

Go Ape info gathered from Go Ape NP website – https://goape.com/Locations/Pennsylvania/Pittsburgh

Saving time and money

Hire a realtor for local market expertise, efficiencies  

If you’re buying or selling a home, you’ve probably noticed properties listed as “for sale by owner.” Many such listings tout the advantages of handing the process yourself and saving on closing costs.

But if you’ve ever considered that option, have you stopped to think about all the things you might have to be responsible for in a “DIY” real estate transaction? The list can be long, and here’s why it matters—regardless of whether you’re buying a house, selling one, or focusing on any particular neighborhood or price segment. 

For starters, real estate agents with a successful track record focus every day on offering the best service to their clients. That begins with helping them understand the market as well as the home-buying and selling process. 

Naturally, a client provides critical input on desirable local neighborhoods, home prices, amenities and other variables. The specific expertise and market research provided by a successful realtor incorporates these factors and more while delivering guidance on the best overall value for a home sale or purchase.

Those variables alone equate to significant pricing advantages, time savings, and numerous intangible benefits. They also add up for anyone, regardless of one’s work schedule or family demands.

A professionally licensed real estate agent is also focused on transparency. Local and industry-wide legislation governs and regulates the work of any agent. That’s why any consumer who works with a realtor can count on a professional who works on behalf of a client and in his or her best interests. 

Let’s face it: Who doesn’t care about time? There’s never enough! That’s yet another reason why working with a realtor is the best value: Properties sell more efficiently when agents are involved. In addition, closing costs and other expenses are minimized, while clients spend less time toiling over transactions. The result is reduced stress, cost savings, and more time spent on other things in life.

Real estate deals can be loaded with rocky roads, financial pitfalls, special requests, and regulatory matters. And that’s just a partial list. An honest and experienced realtor helps guide you through the maze. A home is possibly the single biggest investment you’ll ever make. How about letting an expert be your guide? 

One other note to consider: Few people who are buying and selling a home happen to be attorneys with any expertise in legal matters, particularly in real estate law. That’s often a critical area of experience when it comes time for closing on a property. A property closing is never a good time for surprises and issues one might have been able to anticipate in advance. 

That’s why specific expertise in the complex laws of real estate transactions can be yet another excellent thing to have on your side. It’s also yet another reason why hiring a realtor with access to in-house and third-party legal consultation will pay dividends. Even if things go smoothly at closing, the peace of mind that comes with professional skill and experience can’t be beat!

For more information on why hiring a realtor is good for you and your family, visit Achieve Realty online or call 724-933-1980.

A fiduciary must exercise loyalty, confidentiality, disclosure, obedience, diligence, and accounting to the principal. Examples of fiduciary relationships are from a trustee to a beneficiary; a guardian to a ward; an agent to a principal; an attorney to a client; and an executor to an estate.

The Pennsylvania Real Estate Licensing and Registration Act (RELRA) codifies a real estate salesperson’s fiduciary duty to their client. Section 35.201 of the Act states that the agency relationship “between a broker or licensees employed by a broker and a consumer who becomes a principal” is a fiduciary relationship.

For a real estate salesperson who enters into a business relationship with a buyer or seller, loyalty is key. The salesperson must be fully devoted to their client and act solely in their best interest. An action taken by the salesperson that is deemed contrary to the best interest of their client is considered a breach in loyalty. For example, a salesperson should not compete with their client for the purchase of real estate. 

When a salesperson is in a business relationship with a client, they must also exercise confidentiality. Any information that an agent learns from the client must be kept private and not disclosed unless express consent is provided by the client. For example, a salesperson who represents a buyer may not share with a seller that the buyer will pay more for a property than the amount already offered. 

Disclosure is another key duty of a fiduciary. A salesperson must disclose to their principal all relevant and material information within the scope of their business relationship. For example, an agent must present the principal - in this case a seller - all purchase offers, the identity of all persons making an offer, and any knowledge that the salesperson possesses that could negatively impact the price of a property.

A salesperson must be obedient to their client. The salesperson must follow the commands of the client, as permitted law, to the best her ability. The exception to this rule is that a salesperson may not lie nor conceal information for the purpose of deceit. For example, if a seller commands the salesperson to conceal her knowledge of water damage, then the salesperson may breach the  duty of confidence because a failure to report the damage would be fraudulent.

A salesperson must exercise care and diligence at every step of the process. For example, the Agreement of Sale contains several deadlines that must be met by the parties. It is the salesperson’s obligation to inform the client about what tasks must be performed before each deadline. Another example relates to the closing cost sheet (also known as the Closing Disclosure form). A salesperson must carefully review this form to ensure the figures are consistent with the Agreement of Sale. 

Last, a salesperson is responsible for all funds received by the client. The salesperson must deliver the hand money check to the real estate broker, who then deposits these funds into the real estate broker’s escrow account. This money must be deposited within one day of receipt by the salesperson. The hand money must remain in the escrow account until the closing. Those funds cannot be withdrawn without notification to the client. An accounting of all funds held by the salesperson/broker must be provided to the client.

It is imperative for salespersons to fulfill their fiduciary duty to their client. This is a sacred trust that is found in other relationships and, in addition to other statutory requirements, is at the core of a salesperson’s job description. 

Solid Building Blocks 

Pittsburgh’s Private High Schools Add to Quality of Life

The city of Pittsburgh is known widely in the 21st Century for its collection of public and private universities, a diverse list that supplies many of the intellectual and cultural assets enjoyed by locals and visitors alike.

What’s easy to miss amid the many high-profile examples of higher education is the variety of noteworthy secondary education options. Pittsburgh’s reserve of prominent private high schools offers an additional draw to families researching home-buying and relocation options within the metropolitan area. 

Following are highlights of just a few of the outstanding local private high schools located in both urban and suburban settings: 

Central Catholic High School

www.centralcatholichs.com

Central Catholic High School is an all-boys college preparatory school located off the 5th Avenue corridor in the east end of Pittsburgh. As an entity of the Roman Catholic Diocese of Pittsburgh, Central Catholic is administered and staffed by the Brothers of the Christian Schools.

Founded in the 1920s to serve those from inner-city parish-run elementary schools, Central Catholic now attracts students from central Pittsburgh neighborhoods as well as suburban communities such as Fox Chapel and Cranberry.

Today the campus includes a gymnasium and athletic field, and a weight training room. Next to the main building, on the Neville Street side, is located the Brothers' House, in which the Brothers of the Christian Schools who work at Central Catholic live. A new building for Science, Technology, Engineering, and Math (STEM) subjects opened in the fall of 2016.

Shady Side Academy

www.shadysideacademy.org

Located in the suburban borough of Fox Chapel and Pittsburgh’s Point Breeze neighborhood, Shady Side Academy is an independent secondary and primary preparatory school.

Founded in 1883 in the Shadyside neighborhood of Pittsburgh (where Ellsworth Avenue, Bayard Street and Morewood Avenue meet) as a day school for boys, Shady Side Academy now offers coeducational PK–12 programs on three campuses in the city and its suburbs, including dormitory boarding on its Senior School Campus.

The school has roots as an education destination for the sons of newly-moneyed industrialists of Pittsburgh's East End, including early patrons who were members of the Frick and Mellon families. In 1922, inspired by the Country Day School Movement, the academy expanded to its Senior School campus in the then-countryside of Fox Chapel. Later it combined with the Arnold School in 1940 to form the new Junior School campus. It also added its stone Tudor manor-style Middle School campus in 1958 to round out today’s three-school system.

The first female students enrolled in the academy in 1973. Described in character as a bastion of older, conservative traditions, the academy’s modern reputation has evolved with diversity and financial accessibility.

Winchester Thurston

www.winchesterthurston.org

Winchester Thurston School operates an independent, co-ed preparatory school on two campuses—one in Pittsburgh’s Shadyside neighborhood, with the other located in the Allison Park neighborhood in the metro area’s North Hills.

Founded in 1887, Winchester Thurston offers preschool-12 education in its Lower, Middle, and Upper School campuses in the city and PK–5 at the North Hills Campus school in the suburbs. The institution has its origins in the founding of the all-girls Thurston Preparatory School in Shadyside in 1887. The Winchester School was founded separately—also in Shadyside—in 1902. The two schools combined in 1935 to form the all-girls Winchester Thurston School in 1935.

In 1967 the school moved to its current Shadyside campus, the former site of Shady Side Academy. By 1988 it added its second Lower School campus in Allison Park in 1988; and in 1991 it transitioned to a co-educational student body.

North Catholic

www.cwnchs.org

Cardinal Wuerl North Catholic High School is a private Roman Catholic high school located in Cranberry Township. The school has roots as an all-boys school founded in 1939 in Pittsburgh by Bishop Hugh Charles Boyle of the Roman Catholic Diocese of Pittsburgh and the Marianists (The Society of Mary) religious order. 

For decades North Catholic operated on the north side of the city within the Troy Hill neighborhood. In the 1970s it began enrolling girls into its student body. Today North Catholic has more than 12,000 alumni world-wide.

In 2012, diocesan leaders held a groundbreaking ceremony in Cranberry Township to begin construction of Cardinal Wuerl North Catholic High School, which welcomed students in Fall 2014. The diocese renamed the institution Cardinal Wuerl North Catholic High School beginning with the 2013-2014 school year.

——

Note: Look for Part Two of our roundup of local private schools, including the following:

• Oakland Catholic

• Vincentian Academy

• Sewickley Academy

• Seton-LaSalle

• The Ellis School