Below are the questions we hear most often about real estate in our Murrysville office, answered in plain language by attorneys who handle these matters every day in Western Pennsylvania.
Frequently Asked Questions
Do I need a lawyer for a real estate closing in Pennsylvania?
Pennsylvania does not legally require an attorney at closing, but it is strongly recommended. Unlike many states, Pennsylvania does not require title companies to have attorney oversight — which means errors in title searches, deed preparation, and closing documents may go undetected until they cause problems months or years later. When your attorney is also your title agent, every document is reviewed by someone with legal training and a professional obligation to protect your interests.
What is title insurance and do I really need it?
Title insurance protects you against losses from defects in the title to your property — things like unknown liens, forged deeds, recording errors, boundary disputes, or undisclosed heirs. Unlike other insurance that protects against future events, title insurance protects against problems that already exist but haven't been discovered yet. Lender's title insurance is required by your mortgage company. Owner's title insurance is optional but strongly recommended — it protects your equity for as long as you own the property, for a one-time premium paid at closing.
How much are closing costs in Pennsylvania?
Closing costs in Pennsylvania typically range from 2% to 5% of the purchase price. Major components include transfer tax (1% state + 1% local in most Westmoreland and Allegheny County municipalities, split between buyer and seller), title insurance premiums, recording fees, lender fees, and attorney fees. As your settlement agent, we provide a detailed estimate of all closing costs before your closing date so there are no surprises.
Can I sell my house without a realtor in Pennsylvania?
Yes. Pennsylvania has no legal requirement to use a realtor to sell your home. Many sellers choose FSBO to avoid paying the typical 5-6% commission. However, you still need legally compliant documents — a proper agreement of sale, seller's disclosure statement, lead paint disclosure (for homes built before 1978), and deed preparation. You also need title work and a proper closing. Our FSBO legal services cover all of these.
How do I add my child to the deed on my house?
You can add someone to your deed, but it has significant legal and tax consequences that many people don't anticipate. Adding a child to your deed as a joint tenant creates a gift for tax purposes, exposes the property to your child's creditors, and eliminates the stepped-up basis your child would receive if they inherited the property instead. In most cases, a transfer-on-death deed or a trust is a better option. Always consult an attorney before changing how your property is titled.
What is a transfer-on-death deed in Pennsylvania?
Pennsylvania does not currently have a transfer-on-death deed statute for real property. Some states allow you to name a beneficiary on your deed who automatically inherits at death, but Pennsylvania is not one of them. To transfer property outside of probate in Pennsylvania, the most common options are joint tenancy with right of survivorship, a living trust, or a life estate deed. Each has different tax and legal implications depending on your situation.
What happens to a mortgage when someone dies?
The mortgage doesn't disappear. Federal law (the Garn-St. Germain Act) prevents lenders from calling the loan due when a borrower dies and the property passes to a spouse, child, or other qualifying relative. The heir can continue making payments and keep the property, refinance the loan in their own name, or sell the property and pay off the mortgage from the proceeds. If no one assumes the payments, the lender can eventually foreclose.