What is a Unicorn?
No. 1,632 I’ve been running across references to unicorns in books, blog posts and even in the funny papers. Sometimes the author assumes we know what she is talking about or explains the term in a cursory fashion. In her book, Insight, therapist Tasha Urich used the term “unicorns” to discuss people who greatly improve […]
When Should a Court Award Treble Damages Under UTPCPL?
No. 1,362 E.S. MANAGEMENT v. GAO et al., 2017 PA Super 362 (November 15, 2017 A group of students, all citizens of China, were searching for housing for the 2014-2015 school year at Carnegie Mellon University. While still overseas, they asked a friend to look at an apartment being advertised by E. S. Management. E. […]
LANDLORDS: HOW NOT TO FIX A ROOF AND OTHER CAUTIONARY TALES.
No. 1,349 NEXUS REAL ESTATE, LLC v. ERICKSON, 1217 Pa. Super 180 (2017) Just before his lease was about to renew, a two-by-two portion of the ceiling fell into the bath tub of John Erickson’s apartment. He called his landlord and learned that the building had been sold. So the information was relayed to a […]
Does UTPCPL Apply to Real Estate Sales?
No. 1,197 BENNETT v. A.T. MASTERPIECE HOMES, 40 A.ed 145, 2012 Pa. Super. 60 (2012). SCHWARTZ v. ROCKEY, 593 Pa. 536 (2007) At the present time, it is firmly established in case law that the Unfair Trade Practices Consumer Protection Law, 73 P.S. § 201 et seq. may be applied in real estate transactions. The […]
The UTPCPL Catch-all Provision and Common Law Fraud.
The Unfair Trade Practices and Consumer Protection Law (UTPCPL) contains 20 specifically enumerated sections where its provisions apply and one “catch-all” provision. The catch-all provision is set forth in 73 Pa.S.A. § 201-2(4)(xxi).
UTPCPL Seminar Scheduled For December 17
I have committed to present a new seminar on the Unfair Trade Practices Consumer Protection Law UTPCPL). As in the past, this seminars sponsored by CCAC and will probably be presented at the North Campus. The session, which will be from 6:30 to 9:30 PM, will be eligible for 3 hours of Pennsylvania Continuing Legal Education (CLE) credit.