Legal Question in Real Estate Law in Pennsylvania

Division of Property

On the advice of a professional real estate agent our property has been listed for sale as a parcel with a house at 1.1 acres when it actually is 2.3 acres. He told us that it was perfectly legal to hold back the additional acreage and offer it to the buyer at an additional price without having done any prior legal division of the property. The house and the 2.3 acres are all on one deed. Is this legal?


Asked on 11/09/05, 5:27 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Division of Property

It is only legal if there are two separate parcels that have already been subdivided. If there is no subdivision obtained you must get one before the sale or reserve the right to do so prior to conveying the property. There are some issues here that you should have reviewed by legal counsel. Your broker may be advising to misrepresent the facts and that is trouble for you. This is not a bait and switch situation. If your property is worth more ask for more. You will attract buyers who can afford your property. Gerald Hershenson Esq

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Answered on 11/09/05, 8:52 pm


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