i live in delaware and own property in pa. which state's attorney do i use?

Can a Delaware LLC operate in Pennsylvania?

If your company will be doing business in Pennsylvania, you may be wondering if a Delaware LLC can operate in Pennsylvania. The answer is yes. In fact, Delaware LLCs often operate in any U.S. state and all over the world.

Do you need an attorney to close a house in Delaware?

Delaware In adherence to the decision taken in 2000 by the Delaware Supreme Court, non-attorneys do not have any power to and do not have any legal authorization for generating a real estate closing transaction or settlement. This means it is mandatory for you to have an attorney present to conduct the closing transaction.

Which states require attorneys for real estate closing?

Which states require attorneys for real estate closings? 1 Alabama. The state of Alabama has made it legal for non-attorney to manage and be in control of closing transactions. 2 Delaware. ... 3 Georgia. ... 4 Massachusetts. ... 5 New York. ... 6 North Carolina. ... 7 South Carolina. ...

Do you need an attorney to close on a house in NY?

New York. The state government of New York has made it mandatory for both the seller and the buyer to hire attorneys for the closing transaction. New York has very strict legal ramifications for the role of non-attorneys, which is all due to the New York Appellate Court ruling back in 2009.

Does your attorney have to be local?

In all honesty, in 95% of the cases, the location of the attorney doesn't matter. We don't live in the 1800's anymore where people had to hire an in town attorney, as there were no other options. In today's legal market, it's the lawyer that matters, not where they are.

Is PA An attorney state for real estate?

The states that require a real estate attorney to be involved include Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia ...

What states does Pennsylvania bar have reciprocity with?

PENNSYLVANIA: This state has reciprocity with the following states: AK, CO, CT, DC, GA, IL, IN, IA, KY, MA, MI, MN, MO, NE, NH, NY, NC, ND, OH, OK, TN, TX, UT, VT, VA, WA, WV, WI, WY.

What is an attorney vs lawyer?

However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.

Do you need an attorney to close on a house in PA?

The real estate closing process seems relatively straightforward; however, you still will likely want an attorney to guide you should issues arise. Unlike some states, Pennsylvania does not require buyers to involve a lawyer in their home buying process.

Is Pennsylvania an attorney closing state?

Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...

Does Pennsylvania have reciprocity bar?

The Admission on Motion procedure in Pennsylvania is based on bar reciprocity. Attorneys must be members of the Bar of a reciprocal state at the time the application for admission is filed.

Do you have to pass the bar in every state?

The simple answer is no: Attorneys must be admitted to the bar in each state they wish to practice in. However, legal answers are rarely so simple, and indeed, there are exceptions that would allow an attorney from one state to practice in another state.

Can you waive into Delaware bar?

Delaware does not offer bar admission without taking the Delaware bar exam. All attorneys must take the Delaware Bar Exam in order to be admitted to the Delaware Bar or be specially admitted under another rule.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.

What is the difference between a lawyer and a judge?

Judges preside over legal proceedings such as hearings and trials. Lawyers argue their cases in front of a judge, and the judge makes sure each side follows the rules of the courtroom and meets standards set by the law. In certain types of cases, judges hear evidence from both sides and come to a ruling on their own.

Do you need an attorney to sell land in PA?

There is no legal requirement to be represented by an attorney when buying or selling real estate. However, having an attorney review documents and/or conduct settlement can be a big advantage in a real estate transaction, and is more affordable than many people realize.

What is required in Pennsylvania real estate transactions?

By law, a Pennsylvania real estate sales agreement must provide a description of the property and any identifiable damage. Sellers must disclose any structural defects or problems tied into the property. This is to ensure buyers sign and agree to the sale with a full understanding of the property's condition.

Is there an attorney review period in PA?

In Pennsylvania, there is no attorney review period, so you should contact a lawyer for advice before you sign the agreement. A real estate purchase agreement is a binding contract, and you could lose your escrow deposit if you do not follow through on the contract.

What is real property in PA?

Real property includes any land and related outbuildings needed to operate the home. Real property that is recorded under a separate deed is considered a separate piece of property even though it is bordering the resident property.

Which states require attorneys for real estate closings?

Here's a list of Attorney Only States: Alabama, Delaware, Georgia, Massachusetts, New York, North Carolina, South Carolina, Virginia, West Virginia.

Can you close on a house without a lawyer?

In some state jurisdictions, it's also a mandatory prerequisite to hiring an attorney to gather all the documents and legal advice needed in the pr...

Would I still require a real estate attorney if I don't live in these states?

While certain states require attorneys at closing, not all do. Say, for instance, if you live in Indiana then your state would not require that you...

What States Require an Attorney to Complete a Real Estate Closing (Attorney Only States)?

The state of Alabama has made it legal for non-attorneys to manage and be in control of closing transactions. However, they are limited in their role and involvement in other matters dictating the closing process. The phrase non-attorneys encompasses terms such as the assistant to an attorney, other parties involved in the home buying process (such as title companies), etc.

What does an attorney do for a home?

Your attorney will have the responsibility to gather all legal documents, the necessary paperwork, and make preparations for all facets that grant the homeowner legal rights . The attorney will also have a right to determine the validity and legitimacy of the property as well as the title to the property.

Will Remaining States Abandon Attorney Closings?

However, in most states, real estate agents use a common set of contracts curated by the state-specific association of realtors in cooperation with the state departments of real estate. These forms get rid of the need for either party to pay fees to a real estate attorney to draft agreements. Perhaps this will provide a revelation to the hold-out states and have them relieve Attorneys from closings once and for all.

What is a real estate closing attorney?

Much like Virginia, for property closings in West Virginia, real estate closing attorneys coordinate the closing or settlement process for the property being purchased. A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What is the law of the land?

The law of the land is also evident in the importance that real estate attorneys must adequately determine the legal description of the real estate. The description must be consistent with the homeowner’s mortgage and the deed. The attorney must also describe to the borrower, the specifications and terms of all the real estate documents.

What is the role of a real estate agent?

A real estate agent or attorney facilitates the closing by coordinating these activities necessary to ensure that the title to the property is transferred according to the terms of the purchase, sale contract and that the funds are accounted for on a settlement statement.

What is a settlement agent in Virginia?

The Real Estate Settlement Agents Act authorizes licensed attorneys, title insurance companies, real estate agents, real estate brokers, and financial institutions to serve as Settlement Agents. This means that by law, the purpose of this Act is to provide consumer protection safeguards and to define who can lawfully provide real estate settlement services in Virginia. Basically, this says that Virginia’s state government requires that you have an attorney closing or title company present at closing for real estate transactions to provide you with legal advice should you need it for when you’re ready to buy a house.

What happens if Delaware taxes are higher than Pennsylvania?

If Delaware comes out to a higher amount, you will owe them money with your return. If Pennsylvania comes out as the higher rate, you will owe nothing to Delaware after filing that state’s return.

Can you file Pennsylvania taxes twice?

You will file a non-resident income tax return for Pennsylvania and a resident tax return for Delaware. You will report the same wages in both return. So you are not taxed twice, you are allowed a credit for the taxes paid to Pennsylvania.

How often is a registered agent's address required in Pennsylvania?

Pennsylvania does have a reporting requirement but it will only be due every 10 years. The state fee, which is due every year that ends in a "1," will be $70 for a foreign LLC. For example, it was due in 2011 and will be due ...

What is the process of foreign qualification in Pennsylvania?

You'll need to undergo Foreign Qualification, the process in which the state of Pennsylvania grants you the authority to operate in that state with a Delaware company. The process is called Foreign Qualfication because your Delaware LLC is considered domestic to Delaware but foreign to Pennsylvania (and all other states).

Does a Delaware LLC have to pay Delaware Franchise Tax?

Please note that even though a Delaware LLC is registered to do business in Pennsylvania, the LLC still has to pay the annual Delaware Franchise Tax and Delaware Registered Agent Fee in order to remain in good standing with the state of Delaware.

Is a Delaware company considered a domestic entity?

Hi Sarah, You are considered a domestic entity to the State of Delaware since you are a Delaware-based company. You would only need to apply for a foriegn qualification if you plan to open a physical location in the State of Pennsylvania as a Delaware entity. We will have a member of our sales staff reach out to you to make sure we vailidated all of your concerns.

Does Pennsylvania require a certificate of good standing?

In order to foreign qualify, Pennsylvania will require a Certificate of Authority, a docketing statement and a filing fee. Pennsylvania does not require a Certificate of Good Standing; however, it reserves the right to request additional documentation on a case by case basis.

Can a Delaware LLC be in Pennsylvania?

Devin Scott. If your company will be doing business in Pennsylvania, you may be wondering if a Delaware LLC can operate in Pennsylvania. The answer is yes. In fact, Delaware LLCs can operate in any U.S. state and all over the world.