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Dollar General is bringing its new “DGX” concept to downtown Pittsburgh. FLG represented a downtown building owner in lease negotiations for the new DGX concept store in the Liberty/Wood Street corridor. Specially designed to meet the unique needs of customers living, working and visiting vibrant metropolitan city centers, DGX provides positive benefits to the areas it serves by providing an affordable retail option in a modern retail format. DGX stores offer a smaller retail footprint with a curated assortment of grab-and-go salads and sandwiches, home cleaning supplies, an expanded selection of health and beauty products, home décor, electronics, seasonal products, pet supplies, candies and snacks, paper products and more—all at everyday low prices that Dollar General is known for. FLG Lawyers Involved: Michael E. Fiffik (Managing Member); Lacey Gordon (Associate). Fiffik Law Group advises commercial property owners throughout Pennsylvania concerning acquisition, financing, lease negotiations and joint ventures. #realestateclosing #realestatepittsburgh #realestate #commercialrealestate #realestatebusiness #realestatepennsylvania #commercialleasing

A local restauranteur recently acquired the 5,300-square-foot building on a one-acre plot in front of Warrendale Village that formerly housed the Calavera Tap + Taco restaurant.  The new owner plans to reopen the restaurant in November 2020 with a new concept.  MAXX . . . food . . drink . .  sports will redefine the sports bar atmosphere for the Pittsburgh market.  It will offer a wide variety of food offerings with an emphasis towards women and families. The menu will reflect healthy eating options, great salad bowls, interesting tapas, dishes to be shared, unique sandwiches, and gourmet burgers cooked on a hardwood grill. In addition, a very well designed dinner menu will offer great quality steaks along with organic chicken dishes. The property is located in an area with a number of thriving restaurants such as Il Pizzaiolo, Off the Hook and House of 1,000 Beers. Fiffik Law Group attorneys Michael E. Fiffik and Lacey Gordon represented the new owner throughout the transaction. FLG represents clients in commercial real estate transactions, large and small, with a focus on complex joint ventures, corporate real estate, finance and leasing.  We help our clients acquire, finance, sell and refinance all classes of commercial real estate.  On the business law side, we advise clients on real estate investment, including drafting and negotiating joint venture documents, limited liability company and partnership agreements among other documents governing our clients’ business relationships and protecting their investments. We pride ourselves on providing our valued clients big firm experience at small firm cost.

You can file a claim on your business insurance to recover your losses. Key financial lifeline for #restaurants #salon owners #retailers #medical offices. #smallbusinesstips #businessinsurance #smallbusinessattorney #covidrestaurant #covid #smallbusiness

If you own or plan to own rental property, it’s a great idea to own it with a limited liability company (“LLC”). The tax status that you elect for your LLC can cost or save you taxes. You have a variety of tax statuses to chose from with an LLC. An LLC can be treated as a sole proprietorship (if single member), a partnership (if multi-member), or you can elect to treat your LLC as an S-Corp or C-Corp. If you elect S-Corp, you might run into a level of unnecessary taxation. Here’s why: rental properties are considered passive income even if you actively participate in the rental activity. Passive income, by definition, is not subjected to self-employment tax. However, if you elect to have your LLC be treated as an S-Corp for taxation purposes you could potentially have to pay yourself a reasonable wage for the management of the LLC which in turn is subjected to FICA and Medicare taxes (15.3%). This is the same as paying self-employment tax. To avoid this grief and headache, have your rental property LLCs be regular LLCs (that is choose the default status) and your business LLCs be LLCs with the S-Corp election. Need help with forming an LLC or electing the right tax status for your LLC?  Call 412.391.1014 or click here to be connected to one of our business attorneys. #smallbusinesstips #smallbusinessattorney #realestate #realestateinvesting #realestateflipping #realestatebusiness #smallbusinessadvice #realestatebusinessplan

PPP Loan Forgiveness Guidance Recipients of Paycheck Protection Program (PPP) loans of $50,000 or less will be able to apply for forgiveness using a simplified one-page application that was released Thursday by Treasury and the U.S. Small Business Administration (SBA). The vast majority of PPP loans were below this threshold. In addition, these borrowers can ignore some of the calculations required of other borrowers. A new interim final rule (IFR) provides new guidance concerning forgiveness and loan review processes for PPP loans of $50,000 or less. PPP borrowers of $50,000 or less are exempted from any reductions in forgiveness based on: Reductions in full-time-equivalent (FTE) employees; and Reductions in employee salary or wages. The new application form, SBA Form 3508S, can be used by PPP borrowers applying for forgiveness on PPP loans with a total loan amount of $50,000 or less, unless those borrowers together with their affiliates received loans totaling $2 million or more. There are several forms with 3508 (Form 3508, 3508EZ and 3508S). Make sure you’re using the one that applies to your loan and business. Click here to view the simpler loan forgiveness application. Click here to view the instructions for completing the simpler loan forgiveness application. Borrowers will have to make some certifications and provide documentation to the lender for payroll and nonpayroll costs. The borrower is responsible for providing an accurate calculation of the loan forgiveness amount. Borrowers will have to make some certifications and provide documentation to the lender for payroll and nonpayroll costs. Businesses must attest to the accuracy of the reported information and calculations on the loan forgiveness application. Lenders are permitted to rely on borrower representations, according to the IFR. There remains significant uncertainty concerning many aspects of the PPP Loan program and forgiveness rules. The SBA continues to issue additional and new guidance. As a result, we are suggesting that borrowers wait until early 2021 to apply for loan forgiveness. Click here for a free PPP loan forgiveness estimator. FLG Attorneys provide assistance to small business owners, including help with Paycheck Protection Plan loans. Call 412.391.1014 or click here for assistance. #smallbusinesstips #ppploanforgiveness #PPPLoan #smallbusinessattorney #ppploanrules #ppploannews #covid #smallbusinessadvice #smallbusiness

With more people than ever expected to vote by mail in November, making sure your vote is counted in Pennsylvania may come down to an envelope. Here’s everything you need to know about voting by mail in Pennsylvania for the Nov. 3 general election. What are mail ballots? In Pennsylvania, you now have two options for mail ballots. You may either choose a mail-in ballot or an absentee ballot to request, complete, and return to your county election office. Mail-in ballot – Any qualified voter may apply for a mail-in ballot. You may simply request this ballot without a reason. Absentee ballot – If you plan to be out of the municipality on election day or if you have a disability or illness, you should request this ballot type, which still requires you to list a reason for your ballot. In order to request either ballot type, you must be registered to vote. Please visit Check Your Registration Status to review your registration information Which ballot should I use? All registered voters can use the mail-in ballot so to avoid any uncertainly, we recommend using it. Absentee ballots are limited to voters with certain circumstances. Learn more here. How do I get my mail-in ballot? Registered voters can go online to www.votespa.com/applymailballot. You can provide your email address if you want to receive an email confirming when your request has been processed. You will receive your ballot in the mail. You can also obtain a physical application form and return it (either by mail or in person) to your county election office, in one of the following ways: You can download the mail-in ballot application, fill it out and print it here. Go to votespa.com, download the mail-in ballot application and print it. Contact the Department of State by emailing ra-voterreg@pa.gov or by calling 877-VOTESPA. Visit your county’s election office and request the application form. What’s the deadline to request a ballot? For now, voters have until Oct. 27 to request a mail-in ballot for the general election. There have been efforts to set an earlier deadline, but these have not passed into law, and Gov. Tom Wolf has vowed to veto such the legislation if it’s passed. Already applied for a mail-in ballot? Votes can see the status of their mail-in or absentee ballot online. Track your ballot’s progress from when your county receives your application to when they receive your completed ballot. When will mail in ballots start to arrive? Most counties have begun sending ballots. This summer, the U.S. Postal Service warned Pennsylvania and other states that cuts to its service mean that mail will take longer to arrive, potentially complicating the delivery of mail-in and absentee ballots. Given this uncertainty, it’s not clear when voters will get their hands on the absentee or mail-in ballots they requested. Voters who want to vote by mail but haven’t requested a ballot yet should do so immediately for the best chance of it arriving in time. What’s the correct way to complete and sign my ballot? There are four easy steps: Warning: Before you write on any portion of the ballot or envelopes, be aware that the secrecy envelope and ballot must not be marked with any personal identifying information on it, or it will be voided. Complete select your candidate by filling in the circle next to the candidate’s name. Once you complete your ballot, you must put it in the secrecy envelope. This is a white envelope that reads “Official Election Ballot.” The secrecy envelope then must go into a larger mailing envelope that is already addressed to their local elections office. This outer envelope already has postage and does not need a stamp. The outer envelope has a declaration on the back that must be signed and dated by the voter. County election offices will reject any ballot that does not have a valid signature or date. This standard has been in place for years and was reaffirmed in a recent Pennsylvania Supreme Court ruling. The outer envelope is the only part of the package getting mailed back that should bear a signature. Ballots that are returned without a secrecy envelope, referred to as “naked ballots,” will also be voided. Don’t go naked! You can find a short video explaining how to complete your ballot here. How do I turn in my completed ballot? Voters have several options on turning in their ballot: Mail them to the county election office. Election officials are warning voters not to wait to mail their completed ballots. Delays with the post officecould prevent ballots from arriving in time to be counted. For the primary, voters were advised to mail their ballots by the Friday before the election. With the delays, voters will want to mail their ballots at least 10 days before the election. Present them to the county election office. The ballots can also be turned in to the county election office. The person who completed the ballot must be the one to present the ballot. When applying for a mail-in ballot in person at your county’s election office, and that county has already printed the mail-in ballots, you have the option to pick up the ballot, fill it out and return it all during the same visit. This is known as “on-demand voting.” Turn them in at a ballot drop box. Some counties are also offering additional drop boxes for mail-in ballots. Check here for drop boxes near you. What’s the deadline for turning in my ballot? Under state law, ballots must be at their local county election office by 8PM on Election Day, November 3. To meet this deadline and the post office’s advice, ballots should be in the mail no later than Oct. 27. What if I request a mail-in ballot but decide to vote in person on Election Day Voters can bring their absentee or mail-in ballot — complete with both envelopes — to their polling place on Election Day. A poll worker can then void the ballot and let the voter cast a regular ballot. A voter who never received their ballot, forgot to mail it in time, are uncertain if it was mailed in time or misplaced it can go to their polling place on Election Day and request a provisional ballot. These ballots are not counted until the county confirms it did not receive your mail-in or absentee ballot. However, voters cannot simply drop off their mail-in ballots at their polling place. I received a mail-in ballot application in the mail but never requested one. What should I do? Pennsylvania does not send out unsolicited mail-in ballots or ballot applications to voters.  However, some organizations such as political parties, political campaigns and voter advocacy groups have mailed application forms to people listed on their contact lists. This is legal.  Voters who are already signed up for a mail-in ballot or do not want one can simply tear up any applications they receive in the mail and throw them away. #pennsylvaniavoting #mailinballots #votepennsylvania #vote #votebymail #mailin #vote2020 #nakedballot #nakedballots

Every county in Pennsylvania conducts periodic sheriff’s sales of real estate.  Real estate is sold to satisfy tax liens, judgments, defaulted mortgages and other liens.  The sales are conducted in an auction format with open bidding.  Real estate investors are tempted by the prospect of acquiring a property at below-market prices that can be later flipped for a big profit.  While there are many opportunities, there are also big risks.  We recently talked with a client who experienced the risks of bidding on properties at sheriff’s sales and lost big. Our client purchased a property at an upset tax sale. She conducted what she referred to as a “quick title search” prior to the sale and found no liens. She paid over $20,000 to satisfy the delinquent taxes. Shortly after the upset sale, a lender filed a mortgage foreclosure action involving the property. Judgment was entered on the foreclosure action and the lender bought the property at the subsequent foreclosure sale and received a deed to the property. After the foreclosure sale, that lender again sold the property. How could this happen? What are her rights to the property? Can she get the $20,000 that she paid back? This client has the nightmare scenario after buying property at a sheriff’s sale. To minimize the risks, we have a few helpful tips. Know What Kind of Sale Is Taking Place There are many different types of Sheriff Sales and each of them have rules and rights that have an impact on the value of the property. There are mortgage foreclosure and judgment sales. There are no less than four different kinds of tax sales: upset sales, judicial sales, sales arising from writs of Scire Facias, treasurers’ sales in Philadelphia and Allegheny counties. There are even IRS lien sales. Each of these sales has its own set of procedural rules. Some of them, such as an upset sale, result in title to the winning bidder that is subject to all other liens of record. That’s what happened to our client in the above situation. Others have a right of redemption – meaning that the taxpayer has the right to match the amount paid by the winning bidder and get the property back. The right of redemption, in some cases, can last for nine months after the sale. To know what you’re buying; you must know the type of sale that’s taking place. Order a Title Search and Examination Before the sale takes place, have the public records are searched and examined to determine ownership, limitations to that ownership, encumbrances, and any adverse matters affecting title to the property. These records are searched by examining the official courthouse records, where all recorded documents, judgments, liens, tax assessments (such as street or sewer), special taxes, and other matters, such as divorce and bankruptcy, are filed. A title examination can identify problems with the title that could impact your ability to resell the property or use it as collateral for a loan. These problems could include: someone else owns an interest in the title; a document is not properly signed, sealed, acknowledged, or delivered; defective recording of any document; lack of legal right of access to and from the land; there are restrictive covenants limiting the use of the land; there is a lien on the title because of a mortgage, deed of trust, judgment, tax or special assessment; others have rights arising out of leases, contracts, or options; someone else has an easement on the land. Inspect the Property The successful bidder buys the property “as is”, no disclosures about problems with the property, no advance inspections and no contingencies. You can drive by and at least look at the property to assess whether it’s going to need costly renovations. A visual inspection may also allow you to determine if someone is residing in the property. Prior owners or tenants may not leave voluntarily, necessitating a costly and possibly protracted eviction proceeding. Contact the Foreclosing Creditor Contact the attorney for the foreclosing creditor or owner of the property regarding the creditor’s minimum bid since the creditor can credit bid its judgment. The creditor doesn’t really want the property because they must sell it to get paid the money they are owed. They’ll have to pay the carrying costs of the property, including taxes, maintenance, insurance, etc. until its sold. There’s no guarantee that they’ll be able to sell the property for enough to satisfy the underlying security interest plus all those additional costs. The creditor may be willing to sell it to you for less than you could get the property at the sale or you can work out a deal in advance and allow the property to go through the sale process to clear it of unwanted liens. Talking to the foreclosing creditor may also give you a better idea of whether the sale will take place. Get Your Money Together You must have ten percent (10%) of your bid in cash or certified check at the time of the sale. If you’re the successful bidder, you’ll have to pay the balance of the bid price within a short period of time (in Allegheny County, its within the same week). There are no mortgage or financing contingencies allowed. You must have your cash together and available. Following these basic steps will help you avoid disaster situations like that of our client. Her pre-sale homework was not thorough, or she was not savvy enough to know the implications of an upset sale. She’s left with a handful of bad options. She can negotiate with the current owner to purchase the property and get credit for the taxes that she paid and that the current owner would have had to pay but for her mistake. Maybe there was a defect in the original upset sale and she could work with the original owner to challenge the sale and have it set aside, possibly resulting in a refund of the tax money that she paid. None of these are great options. All of them involve additional expense in legal fees and costs without any guarantee of a positive outcome. Please keep in mind that this list does not identify all potential risks.  The first and best tip is that you should contact a Fiffik Law Group real estate attorney.  They’ll discuss the particular property you’re interested in and can give you specific advice relating to that property. Want a consult on a real estate matter? Contact a member of our real estate team today. #sherrifsale #realestateclosing #foreclosuresale #judicialsale #realestate #realestateinvesting #realestateflipping #foreclosure #realestatebusiness #taxsale

Our LegalShield member worked for a temp employment agency and was released from an assignment during the COVID pandemic. She filed an application for unemployment comp. Our member was shocked when the application was denied because the temp agency failed to report her wages. This was a huge problem for the member and her family at a time of crisis. She tried to work it out directly with the agency to no avail. Fortunately, she used her #LegalShield membership and related to Attorney Barbara Weiss. Attorney Weiss reviewed documents and wrote a letter on the member’s behalf of the agency demanding 1) that they quickly and properly report the member’s wages to the PA Unemployment Compensation Bureau and 2) pay the member for the time period during which she was ineligible for benefits.  Once the agency got Attorney Weiss’ letter, they changed their tune and quickly moved to get the member a contact within PA Unemployment Compensation to work with her on the claim and to update records so that she was approved and received unemployment compensation.  The agency also agreed to compensation the member for the mistake. All told, between the back-due unemployment benefits and compensation paid by the agency, the member received over $8,000.  The cost in legal fees to the member?  $0. Your Will is one of the most important documents that you can prepare to protect your family. Get yours started today. #legalshield #successstorny

Many of the lockdown and business closure orders issued by Gov. Wolf have been ruled unconstitutional by a Federal judge.  Judge William Stickman issued an order on September 14, 2020 striking most of these orders down. The plaintiffs in the case included seven businesses and their owners, several state representatives, as well as Butler, Fayette, Greene and Washington counties. The businesses included three hair salons, an appliance store, a farm and two drive-in theaters. The complaint was filed May 7, arguing that the governor’s orders — setting numeric limitations on the size of gatherings, the stay-at-home order and the closure of non-life-sustaining businesses — were unconstitutional. Judge Stickman acknowledged that Gov. Wolf’s actions and orders were “undertaken with the good intention of addressing a public health emergency.”  However, he found that many of Gov. Wolf’s orders violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the U.S. Constitution. Read Judge Stickman’s Opinion. The Governor’s advisory team designated businesses throughout the Commonwealth as “non-life sustaining” requiring them to close. The court observed that the Governor “did so with no set policy as to the designation and, indeed, without ever formulating a set definition for “life-sustaining” and, conversely, “non-life-sustaining.” In addition, the Court found the way the Governor designed, implemented and administered the business closures as “shocking arbitrary.” The Court’s Order specifically declares that the limits on gatherings, the stay-at-home and business closure orders all as unconstitutional. This decision applies to everyone in Pennsylvania, not just those persons in the counties who filed the suit. One would assume that Gov. Wolf will appeal this decision and has thirty days to do so. Once appealed, Gov. Wolf will likely seek an order staying the effect of Judge Stickman’s Order until the appeal can be further reviewed. If the Order is not overturned on appeal, it may encourage business owners to file lawsuits against the state seeking relief, or compensation, for their losses during the closure. Stay tuned to this important case. Developments are sure to come. #covid #lockdown #smallbusiness

The Centers for Disease Control and Prevention implemented a temporary eviction moratorium through the end of the year, protecting U.S. renters from losing their homes during the COVID-19 pandemic, the Trump administration announced Tuesday. Under this Order, a landlord, owner of a residential property, or other persons with a legal right to pursue eviction or possessory action, is prohibited from seeking to evict any covered person from any residential property in any jurisdiction to which this Order applies [Pennsylvania included] during the effective period of the Order. For purposes of this Order, “person” includes corporations, companies and partnerships as well as individuals. The moratorium does not absolve renters of paying the rent. That money is still due to landlords. Renters should still attempt to make partial payments when they cannot afford to pay in full.  Landlords can maintain legal actions to collect unpaid rent, collecting fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.  The Order simply removes the eviction option from landlords’ available remedies for tenant non-payment defaults. Landlords will still be permitted to evict tenants in certain cases, such as instances in which the tenant has destroyed property or poses a threat to the health or safety of neighbors. There are still programs with funding to help tenants and landlords in need. The Order includes a declaration for renters to sign and give their landlord. This Order will be enforced by Federal authorities and cooperating State and local authorities.  Violators will be subject to criminal penalties.  A person violating the Order may be subject to a fine of up to $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of up to $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law. An organization violating this Order may be subject to a fine of up to $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. You can download the CDC Declaration Form here or you can use this link to build a declaration that fits your particular situation. All persons on the lease should sign and send the declaration to the landlord. We recommend that you have proof that you mailed or delivered the declaration form to your landlord. One good way is by using a Certificate of Mailing Form available from the U.S. Post Office. Our real estate attorneys are here to help. Whether you are a landlord or renter, we can answer your questions. #evictionban #cdcevictionban #cdcevictionslandlords #cdcmoratorium #rentalproperties #cdceviction #rentalrelief

PPP Loan Forgiveness Guidance On August 24th, the SBA issued the first guidance received since August 11th in new Interim Final Rules that provide significant limitations for business owners who own their own buildings and pay themselves rent. In a somewhat shocking announcement, the new IFRs state that rent paid to a related party is only eligible for forgiveness if (1) the amount of loan forgiveness requested for rent or lease payments to a related party is no more than the amount of mortgage interest owed on the property during the Covered Period that is attributable to the space being rented by the business, and (2) the lease and the mortgage were entered into prior to February 15, 2020. As a result, owners of businesses that received a PPP loan who own their building in a separate entity free and clear with no mortgage will receive NO credit towards forgiveness for rent paid to the related entity. This rule is made even more penal since the above limitation applies if there is ANY common ownership between the two entities, meaning that the limitation applies even if an individual owns just 1% of the entity receiving rent payments. Further, the IFRs provide that mortgage interest payments to a related party are not eligible for loan forgiveness. The SBA provided their reasoning for the above limitations in the IFRs stating that “PPP loans are intended to help businesses cover certain nonpayroll obligations that are owed to third parties, not payments to a business’s owner that occur because of how the business is structured. This will maintain equitable treatment between a business owner that holds property in a separate entity and one that holds the property in the same entity as its business operations.” Many borrowers will be shocked to find out that expenses paid pursuant to arm’s length lease or debt arrangements with related parties that have been in place for many years will now not be counted towards forgiveness. Conclusion The SBA continues to change the rules that apply, leaving borrowers and banks that are tasked with administering PPP loans wondering what will change next, and how they are supposed to submit or accept forgiveness applications with pending legislation in Congress and rules that are continuing to change. We recommend that all PPP borrowers wait until at least September 2020 to start filing loan forgiveness applications. We will continue to provide updates as the SBA issues more IFRs so stay tuned! #PPPLoan #ppploanforgiveness #ppploannews #ppploanrules

Contract tracers say it’s not always easy to get people who have tested positive for COVID-19 to share where they’ve been. For a variety of reasons, infected people don’t want to talk, according to a recent report in The New York Times. A new warning from the Pennsylvania Departments of Health and Aging isn’t going to help. Both departments say Pennsylvanians should be wary of contact-tracing scams. The most obvious signal is if a caller purporting to be a contact tracer asks for your Social Security number. According to a press release by the state health department: A contact tracer may ask: For verification of your date of birth, address, and phone numbers. If you have already tested positive for COVID-19, they may also ask for the date and location of where you were tested. A contact tracer will never ask for: Your Social Security number, financial or bank account information, or personal details unrelated to your potential exposure to someone with COVID-19. Personal information through SMS/text message or send you to any website link asking for personal information. Photographs or videos of any kind. Passwords. Money or payment. In addition, a contact tracer will never share your information with any local, state or federal law enforcement agency. “Contact-tracing is vital in the state’s efforts to stop the spread of COVID-19 and we want Pennsylvanians to be confident that if they receive a call from a contact-tracer that the call is legitimate,” says Secretary of Health Dr. Rachel Levine. “If someone is unsure and would like to verify if the caller does in fact work in contact tracing, they can call the PA Department of Health at 1-877-PA HEALTH (1-877-724-3258) to verify.” #contacttracecalls #contacttracers #contacttracing #contacttracingscam