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- Decision on Public-Private Union Fees
By Michael E. Fiffik, Esquire The U.S. Supreme Court on Monday struck down a regulatory scheme that required home-care providers for Medicaid recipients to pay fees to a union, but declined to overturn precedent allowing public sector unions to collect fees from nonunion workers. The decision has implications for other “partial-public” employees such as day care workers whose businesses are paid with state-funded child-care vouchers given to parents who hold low-wage jobs and receive public assistance. In 2009, Gov. Pat Quinn (D-Illinois) signed an executive order that authorized the state to recognize a union for personal assistant (PA) home-care providers, even though they are not actually public employees. Most home-care providers do not work for the state but receive a subsidy through Medicaid to provide care for someone that is disabled, which in many cases is a family member. Pam Harris, a mother in northern Illinois, takes care of her son with severe intellectual and developmental disabilities and was forced into a union by Quinn’s order. Harris declined the offer to join the union and then filed a lawsuit in 2010 to avoid being forced to pay the union “agency fees” despite her decision to not join the union. In a 5-4 ruling in the case of Harris v. Quinn, the high court found in favor of Ms. Harris’ challenge to the Illinois law. The contested regulations considered home health workers “public employees” for union-organizing purposes and required them to pay “agency fees” to a union for representing their interests in front of state agencies — even those workers who were not members of the union and not actually employees of the state for any other purpose. Despite finding against the Illinois regulatory scheme, the high court’s majority stopped short of overturning precedent set in Abood v. Detroit Board of Education. In that 1977 decision, the Supreme Court had allowed public employers to require all employees — both union and nonunion workers — to pay union fees, so long as workers were not forced to pay a portion of the fees that covers ideological activities. The court makes clear that individuals not fully employed by the state (“partial-public”) cannot be forced to pay agency fees. Now states must review their employee complements to see who, if anyone, would be considered a quasi-state employee or something less than a ‘full-fledged’ state employee, as they cannot be forced to pay agency fees or dues. Monday’s ruling is also likely to spell more lawsuits contesting mandatory public-sector union fees, in part because it appears to lend judicial backing to so-called right-to-work laws, which generally prohibit forcing nonunion workers to pay union fees and which have been passed or proposed in multiple states.
- Warm Regards to Attorney Love
I am writing in regards to the service provided by Attorney Love. He was hightly professional and made me feel very comfortable speaking with him. He listened to me intently and responded with clairty. His advice was on target. I felt bricks had been lifted from my shoulders after speaking with Attorney Love. With warm regards, Member from Pittsburgh, PA
- Grateful for Attorney Parkinson
Letters from our Members: December 27, 2013 Dear Welch, Gold, Siegel & Fiffik, P.C., I just had to drop you a note letting you know how grateful I am that you helped me in resolving my traffic incident. I am sure that things would not have gone very well without you intervening. Thank you so much and have a wonderful new year. Sincerely, Member from Pittsburgh, PA #legalshield
- Hiring a Contractor? Know Your Rights.
By Michael E. Fiffik, Esquire Warmer weather is a popular season for home improvement projects such as new floors, renovated bathrooms and larger decks. If you plan to hire a contractor to do the work, know your rights under Pennsylvania’s Home Improvement Consumer Protection Act. Your Contractor Should be Registered with the State The Act requires all home improvement contracts to be registered with the Attorney General’s office. Your contractor will have an “HIC” number if registered. You should check on your contractor here. The registry will tell you if the registration is current, list any complaints against the contractor and provide you with valuable information necessary to make a decision whether to hire this company for your project. Don’t Sign The Contract With These Items Missing The Act also requires the contractor to provide you with a written contract containing certain key terms, including: the approximate starting date and completion date for the work; a description of the work to be performed, the materials to be used and a set of specifications that cannot be changed without a written change order signed by the home owner; the total sales price due under the contract; the toll-free number of the Pennsylvania Bureau of Consumer Protection; the three-business-day notice of the right of rescission pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law; and cannot require a deposit of more than one-third (1/3) or less of the contract price in home improvement contracts in excess of $1,000, plus any special order materials. You must be provided a copy of the signed contract for free and cannot be required to pay any deposit until you receive the fully signed contact. Contracts that do not comply with the Act are not enforceable by the contractor. We Help Resolve Contractor Disputes We help homeowners who have disputes with contractors. Common problems include shoddy work, project delays, failure to start or complete projects, refusal to fix bad work and overcharging. In many instances the contractor has not complied with the requirements of the Act. Failure to comply with the Act can give the homeowner good defenses to a contractor’s unfair claims for payment. In addition violations of the Act constitute violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, which provides for the potential recovery of three times the consumer’s actual damages and attorneys’ fees. We can be effective advocates for homeowners in such disputes. Fiffik Law Group provides a full range of services to residential and commercial property owners. Our real estate and litigations services group consists of Michael E. Fiffik and Mathew Bole. #suingontractor #contractornotshowup #contractorlawsuits #homeimprovement #residentialconstructionproject #homeconstruction #homeimprovementdisputes #contractordisputes
- UNPAID WAGES
WGSF Newswire: Unpaid Wages UNPAID WAGES are a fairly common occurrence but most workers don’t know that they’ve been denied wages they are due. As many as 70% of employers fail to comply with wage and hour laws. A common example involves overtime hours worked for which the employee is not paid. Often the employer will refuse to pay those hours citing “policy” that overtime hours must be approved in advance. The worker may accept that as true and be resigned to the fact that they will never be paid for those hours. Has this every happened to you? Well that “policy” probably is not in accordance with the law. There are a number of federal and state laws regulating wage payment to employees, both hourly and salaried, the federal Fair Labor Standards Act being the most widely applicable. The FLSA affects most private and public employment. It requires employers to pay covered employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be paid for ALL hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is “suffered or permitted” to work. This would generally include work performed before clocking in and after clocking out, work performed at home, training, probationary periods and certain travel and waiting time. Tipped employees may be paid a lower hourly rate but only if the employee’s tips combined with the hourly wage equals the federal minimum wage. If not, the employer must make up the difference. Many wage problems begin with employers misclassifying employees as independent contractors or “management” under the mistaken belief that those workers are not entitled to overtime or other employment-related tax benefits. Employers have many incentives for misclassifying workers. Misclassified employees lose workplace protections, including the right to join a union; face an increased tax burden; receive no overtime pay; and may have no recourse for workplace injury violations and disability-related disputes. Misclassification also causes federal, state, and local governments to suffer revenue losses as employers circumvent their tax obligation. There are many misconceptions about wage and hour laws that deter employees from receiving proper pay. Here are 4 common misconceptions: 1. Salaried workers cannot receive overtime pay. Many salaried employees do not receive the proper pay simply because they and their employers are under the false assumption that the worker is rendered ineligible for overtime pay simply because the worker is paid a salary versus hourly rate. This is one from of worker misclassification that leads to unpaid wages. In order to be “exempt” from the minimum wage and overtime pay rules of the FLSA, an employee must receive at least $455 each week in salary, regardless of the number of hours worked, and must perform a significant amount of supervisory or managerial duties. 2. If I work a flat rate, then I am exempt from overtime. Any “non-exempt” employee covered by the FLSA must be paid minimum wage and overtime regardless of any fixed pay arrangement. If the total of the flat rate payments divided by the number of hours worked in that week do not add up to the minimum wage having been paid, the employer must make up the difference. 3. If my employer issues me a 1099 at the end of the year, I am exempt from overtime. It is very common for employers to believe that they can avoid paying minimum wage, overtime and payroll taxes by simply electing to pay a worker with an 1099 IRS form. This is not true and is another common example of misclassification. Whether a worker is an independent contractor depends on a variety of factors including the extent of control the employer has over the manner in which the worker performs his or her duties, whether the worker is performing work for other employers concurrently and the contractual arrangement between the worker and the employer. In most situations, the employee should not be paid with a 1099. 4. If you earn tips, you are not eligible for overtime pay. Restaurant workers are frequent victims of inaccurate pay. Tipped employees are entitled to overtime in the same manner as other non-exempt employees. There are many misunderstandings by employees and employers on proper pay of tipped employees. Tip pools are frequently used by employers to improperly reduce their cost of ensuring that tipped employees receive minimum wage. As a worker it is important to know your rights concerning your pay. You have 3 years from the date your wages were due to file an unpaid wage claim. You can review your wage payment history from prior employers and raise claims against them. Always be sure to keep track of the number of hours you perform work, whether on the clock or not, and double-check your paystubs to be sure you’re being paid for all of those hours. If you suspect that you are not receiving the correct pay, call us. Michael Fiffik, Esquire and Matthew Bole, Esquire regularly consult with employees concerning unpaid wages. They can be reached at 412.391.1014 or at mfiffik@wgsf-law.com or mbole@wgsf-law.com.
- Trending: Employers Without Workers Compensation Insurance
WGSF Newswire: TRENDING: EMPLOYERS WITHOUT WORKERS COMPENSATION INSURANCE By: Michael E. Fiffik, Esquire We’re seeing a rash of employers without workers compensation insurance. Of course, these come to our attention because one of their employees suffered a work injury. Dealing with the cost and expense of a workplace injury can be devastating to both the employer and employee. If you are a new or start up business, or are expanding your current business operation to include employees, it is important to know that by state law you will be required to have workers’ compensation insurance coverage. Coverage ensures medical and wage-loss benefits to employees who are injured during the course of their job. Employers who so provide coverage are protected against lawsuits filed by injured workers. The requirement to insure workers’ compensation liability is mandatory for any employer who: • employs at least one employee who could be injured or develop a work-related disease in this state, or • could be injured outside the state if the employment is principally localized in Pennsylvania, or • could be injured outside the state, while under a contract of hire made in Pennsylvania, if the employment is not principally localized in any state, if the employment is principally localized in a state whose workers’ compensation laws do not apply, or the employment is outside the United States and Canada. UNLESS all employees are excluded from the provisions of Pennsylvania’s workers’ compensation laws. Section 305 of the Pennsylvania Workers’ Compensation Act specifies that an employer’s failure to insure its workers’ compensation liability is a criminal offense for the business owner personally and classifies each day’s violation as a separate offense, either a third-degree misdemeanor or, if intentional, a third-degree felony. Last year alone, employers convicted of non-compliance with the insurance requirement were sentenced to an average of four years’ probation and paid an average restitution to the State of $88,000. Employers are required by law to post, in a prominent and easily accessible place, at its primary place of business and at its sites of employment, a notice containing the name, address and telephone number of the appropriate party to address regarding workers’ compensation claims or to request information. Welch, Gold, Siegel & Fiffik, P.C. has attorneys with many years’ experience assisting employers with employer-related matters, including defense of workers compensation claims. Please contact Michael E. Fiffik, Esquire (mfiffik@wgsf-law.com), Deirdre Burke Moser, Esquire (dmoser@wgsf-law.com) or Matt Bole, Esquire (mbole@wgsf-law.com) via email or call 412.391.1014 to discuss your situation.
- You Choose: Questions To Ask when Selecting A Title Services Company
WGSF Newswire: You choose: Questions To Ask When Selecting A Title Services Company By: Michael E. Fiffik, Esquire The Federal Real Estate Settlement Procedures Act (RESPA) allows homebuyers to choose their own title company, yet the title and closing process is bewildering to the average consumer. Even though homebuyers spend 2 to 7 percent of the cost of their home on closing costs, most are not clear about what closing costs include, who they are hiring, how much they are spending, or even why. On a $150,000 home, that’s between $3,000 and $10,500 – big money! Don’t just go with a title company that you don’t know. Real Estate agents often try to help their clients by referring homebuyers to a title company, but consumers are ultimately responsible for selecting a title insurance provider. Keep in mind, also, that there is more to selecting a title insurance provider than price alone. The quality and type of services provided by the title and closing company can make the difference between a smooth transaction and one that never makes it to the closing table. Homebuyers will want to ask the following questions of any title insurance company before agreeing to use their services: 1. Who is your client? The answer you are looking for is “you”. However, the answer usually depends on who referred the title company to you. If it was your lender, the title company will probably tell you that they represent the lender. If the title company was referred to you by your real estate agent, the answer might be the real estate agency – probably because the title company is OWNED by the real estate agency and therefore has a vested interest in closing your purchase because that’s the only way the agency earns a fee. These arrangements are legal if properly structured and disclosed. The consumer, however, is often best protected when there is no conflict of interest or financial incentive for the referral of title business. In our experience, title companies who are owned by real estate agencies are less willing to take tougher stands on certain title or closing issues (such as the real estate agencies fees) because they don’t want to derail the closing. You’re paying a lot of money for the home – you should get clear title and a closing that is to your advantage. Welch, Gold, Siegel & Fiffik, P.C. provides title services and can help you successfully close on any purchase of real estate. 2. Do you conduct thorough title searches and disclose the results to the homebuyer? Will you discuss them with the homebuyer? We can’t over-emphasize the importance of this question. It’s huge. 1 out of 4 transactions has a cloud on title at the time of the commitment. It’s imperative that homebuyers work with title companies who take the necessary steps to identify, disclose, and resolve all issues prior to closing. The American Land Title Association (ALTA), leading industry group, has identified best practices in the industry. They stressed the importance of an accurate search and solid title product (the commitment and policy). And they also spoke harshly about the growing practice by some title companies of providing “garbage exceptions,” overly broad exceptions without reference to the public records that are voiding coverage. The problem is that whether a title search has been done and the specific results of the examination of the results of that title search is not customarily disclosed to homebuyers. Most homebuyers do not understand title issues and therefore do not think to ask about it. They simply assume these are being done and unless they hear something to the contrary, the title must be “ok”. If you were about to purchase a property with a 30-foot easement along one side of your property, would you expect to know about it prior to closing? Some title companies are in fact providing commitments that do not specifically disclose encumbrances like these. As attorneys looking out for our clients’ best interests, we routinely discuss the results of our examination of the title to the property. We DO NOT accept title commitments that simply list “any and all documents of record” and “any and all easements of record” on the exceptions page. Don’t work with a title company that does not meet those best-practice standards. Some title companies exist only to capture the referral fee from the transaction; others hope to sell policies and pocket the premiums from the transaction rather than perform a thorough search and examination of the property. 3. Is my money safe? The way a title company handles its escrow funds is of utmost importance. The news stories you read are true: People do lose money as a result of incompetent, insolvent, or dishonest title and escrow companies. What internal controls, procedures, and segregation of duties do the title companies have in place to safeguard buyers’ and sellers’ funds? What procedures do they use to balance escrows? Do you know enough about this company to wire $150,000 of your own money to this company? A reputable title company will be happy to talk about their controls for protecting clients’ funds—after all, it’s their business. Welch, Gold, Siegel & Fiffik’s escrow funds are governed and protected by the Pennsylvania Lawyers Fund for Client Security. 4. Are your rates approved by the PA Department of Insurance? And, in addition to the premium you quoted me, what are your other fees and charges? Title insurance companies by law are required to file rates with the Department of Insurance and cannot discount or deviate from those rates. Buyers may be inclined to find and follow the lowest rate, but if a title insurance premium is notably lower than the market rate, this should be a red flag to look more closely at whether the company is providing customary core title and closing services. Additionally, cut-rate premiums may indicate a lack of experience, a lack of financial and accounting controls, inferior title searches and examinations, or a substandard source for property data. Shopping for the lowest premium alone can also backfire, since many title companies more than make up the difference by charging additional fees. Electronic delivery fee, overnight courier fees, cashier’s check fees, release tracking fees, wire fees, and other title company charges often add up to more than the difference between the lower premium and the market rate charged by reputable title companies. Our real estate services group consists of Deirdre Burke Moser, Esquire (dmoser@wgsf-law.com) and Michael E. Fiffik, Esquire (mfiffik@wgsf-law.com). Reach them at 412.391.1014.
- Protect Against Employee Litigation
WGSF Newswire: Protect Against Employee Litigation By: Michael E. Fiffik, Esquire Employment-related claims are increasing at a dramatic rate. More than 40,000 employment lawsuits are filed each year and well over half of them are employment discrimination complaints. In addition to these suits, the Equal Employment Opportunity Commissions (EEOC) processes over 82,000 administrative charges of disability, race, national origin, sex and other forms of discrimination annually. Here is some practical advice to protect against employee litigation. DEFINE WORK EXPECTATIONS When an employee is terminated, it should come as no surprise. Your expectations of any employee should be thought out in advance and communicated to the employee, preferably in writing. Employees must know how success will be defined and how they are doing. Spend time at least annually reviewing the employee’s performance and giving feedback. Write down the results of those meetings and have the employee acknowledge receipt of your evaluation of their performance and improvement goals. Although a small-business owner is not legally obligated to take and document progressive disciplinary measures, it is a good practice regardless of company size. In the event of a lawsuit filed by the employee, this documentation will be important evidence to substantiate the reasons for the employee’s termination or lack of promotion. TERMINATE WITH CARE At the moment of termination, an employee can feel either inflamed or treated fairly. To help ensure a less combustible situation, deliver the message face to face but keep it brief. Resist the temptation to get into a detailed discussion of the reasons for the termination. If you do not intend to contest the employee’s claim for unemployment compensation, let them know that at the time of firing. Consider offering terminated employees a severance amount that would “smooth things over” and require them to sign a release of claims to collect it. CONSIDER LIABILITY INSURANCE Premiums and deductibles are not cheap, but neither is defending a lawsuit. Defending even a simple employment claim could cost at least $20,000 and one that is more complex over $100,000. It is also crucial for small-business owners to negotiate with their underwriters for the right to select their lawyer, and for a requirement that the insurance company get the owner’s consent before settling. It is also important to seek a per-claim, not per-claimant, deductible. FOLLOW THE LETTER OF THE LAW You need not do anything wrong to be sued. But when you are facing a lawsuit, it helps to be able to prove you have done everything by the book. This includes posting all labor- and employment-related materials in the workplace that are required by state and federal governments. Employers should draft employee handbooks with assistance from a trusted employment lawyer and make sure employees sign any handbook updates. GET SERIOUS ABOUT TRAINING Even if you have only 10 employees, you should consider sponsoring regular training courses on discrimination and other workplace issues. You’ll learn a lot and hopefully your managers and employees will learn what behavior is to be avoided. The experience of our business lawyers is perhaps most effectively used by clients to avoid or minimize the risk of litigation. Our attorneys can assess risks, help you comply with complex employment laws, develop employment policies and practices and provide training to supervisory personnel. You can find more information about the services that we provide to businesses at www.wgsf-law.com. Mr. Fiffik leads the business practice of Welch, Gold, Siegel & Fiffik, P.C. He can be reached at 412.391.1014 or at mfiffik@wgsf-law.com.
- 5 Payroll Tax Mistakes to Avoid
WGSF Newswire: 5 Payroll Tax Mistakes to Avoid If you have at least one employee, you’re responsible for payroll taxes. These include withholding federal (and, where appropriate, state) income taxes and FICA tax from employees’ wages as well as paying the employer share of FICA tax and federal and state unemployment taxes. The responsibility is great and the penalties for missteps make it essential that you do things right. 1. Misclassifying workers Audits by federal and state wage labor regulators have been on the rise in recent years. Perhaps the hottest audit issue today is misclassifying workers. There’s incentive to treat workers as independent contractors rather than employees because payroll taxes and employee benefit costs are high; a company’s only tax responsibility for an independent is issuing a Form 1099-MISC if payments in the year are $600 or more. You don’t have the right to label a worker as an independent contractor; classification depends on whether you have sufficient control over the worker. This essentially means having the right to say when, where, and how the work gets done. Having an independent contractor agreement is helpful in showing that you and the worker do not intend any employer-employee relationships, but the ultimate decision is up to the Department of Labor and IRS. Too many employers place unreasonable reliance on independent contractor agreements. Find information about worker classification from the IRS. When in doubt, consult one of our business attorneys. 2. Not using an accountable plan for employee reimbursements If you normally pay for travel, entertainment, tools or other business costs for employees, you’re wasting employment tax dollars if you don’t use an accountable plan. With this arrangement, you deduct the expenses but avoid all payroll taxes on reimbursements; employees do not have any income from reimbursements. To be an accountable plan, the employer must formalize the arrangement and set reasonable times for action (the following times are reasonable to the IRS but you can adopt shorter time limits for action): • The reimbursable expense must be business related. • Advances cannot be made before 30 days of the expense. • Employees must account for the expenses within 60 days of the expense. • Employees must return excess reimbursements to the employer within 120 days of the expense. 3. Failing to keep payroll records You are required to maintain payroll records and have them available for IRS and Department of Labor inspection. These include time sheets, expense accounts, copies of W-2s and other payroll records. Usually, you should keep information for at least four years. In the event of a tax or wage audit, these records are in valuable asset that you can use to defend yourself. You should also retain copies of Forms I-9 , which shows an employee’s eligibility to work in the U.S. States may also have certain hiring forms that should be retained (e.g., E-verify forms). Details about retaining I-9s can be found at the U.S. Citizenship and Immigration Department. 4. Choosing to pay creditors before the IRS When a business gets into a cash crush, it may be tempting to pay the landlord, vendor, or utility company before the IRS and Department of Revenue; don’t! As a business owner, you are a “responsible person” who remains 100% personally liable for “trust fund” taxes (amounts withheld from employees’ wages). This is so even if your business is incorporated or is a limited liability company. Best strategy: Set aside cash to cover payroll taxes so you won’t use these funds for any other purpose. Find more information about the trust fund recovery penalty from the IRS. 5. Failing to monitor payroll company activities Many small businesses use outside payroll companies to handle the job of figuring withholding as well as transferring funds to the U.S. Treasury and Department of Revenue to cover payroll taxes. However, some of these companies may not do their job, by error or intentionally. As an employer, even if you use an outside payroll company you remain responsible for payroll taxes. Best protection: Monitor your tax account to see that funds are being deposited on time and in the correct amount. If deposits are made electronically using EFTPS.gov, you can easily see activities in your account. Conclusion Stay on top of your employer responsibilities to avoid any penalties or entanglements with the IRS, the Department of Labor, or your state’s agencies.
- 10 Steps to Buying a Home
WGSF Newswire: 10 Steps to Buying a Home These days, buying a home may not be as easy as 1, 2, 3—but it just might be as easy as 1–10. And while a variety of factors can affect the ease and timing of your transaction – distressed properties or special mortgage programs, for instance – a few basic steps are universal for most homebuyers during the initial stages of a purchase. 1. Determine your readiness: If you’re reading this, it’s likely that you’ve already tackled the first step of deciding whether purchasing is a good option for your finances and your family. Obviously, your current financial situation will be a major factor in this decision. Understanding the costs of home buying and homeownership are vital steps in determining whether you’re ready to “take the plunge.” Factors that determine your financial readiness include your current income, savings, fixed expenses, and debts. 2. Become optimal mortgage candidates: With lender requirements stricter than ever, you’ll need to make sure your credit and finances are in excellent condition. Try to pay off or pay down outstanding balances on credit cards, car loans, etc. This will help improve your income-to-debt ratio, which will in turn improve your credit score. A credit score higher than 700 will help you get the best rates. We can help you order a free credit report and challenge questionable listing on your credit report under the Consultation and Letter writing benefits of your membership for no extra charge. 3. Get a pre-approval letter: Getting pre-approved for a mortgage means that a loan officer has reviewed your finances and credit report and believes you qualify for a specific loan amount for one or more mortgage programs. The lender will then offer you a pre-approval letter, which will give you an edge with sellers when you are ready to make an offer on a home. 4. Determine your budget: Your pre-approval letter will tell you how much the bank is willing to lend you based on your credit, income, and other factors, but how much you can really afford is a personal decision. The bank will take your fixed expenses into consideration when determining your pre-approval amount, but you will need to determine what you’re comfortable spending each month. 5. Find a real estate agent: With access to multiple listing services and insight into the market, a real estate agent can help you find the home you’re looking for as well as facilitate the negotiating and closing process. While you don’t have to use an agent to purchase a home, it can make the entire process much easier for first-time homebuyers. 6. Select a property: With your real estate agent (or without), narrow available properties by determining what you really want in a home. Your agent will help arrange home viewings for properties that suit your preferences. Once you’ve selected the right home for you and your family, it’s time to make an offer and close the transaction. 7. Make an offer: This is generally done by presenting the seller with a proposed sales contract, or purchase agreement. This contract will outline the details of the sale, negotiated repairs to be made prior to close, fixtures sold with the house, certain disclosures on the property, etc. This, along with a payment of earnest money, will be held by your attorney or escrow officer, depending on your geographic customs. Time permitting, send us your written offer to be reviewed under the document review benefit of your LegalShield Membership, especially if you’re not working with a real estate agent. 8. Select a closing agent or title company. Real estate agents often try to help their clients by referring homebuyers to a title company, but federal law provides that consumers are ultimately responsible for selecting a title insurance provider of their choosing. Many title companies are now owned by lenders, real estate firms, and builders. These arrangements are legal if properly structured and disclosed. The consumer, however, is often best protected when there is no conflict of interest or financial incentive for the referral of title business. We recommend that you select Welch, Gold, Siegel & Fiffik as your closing agent – we will represent you and only you. 9. Inspect the home: Once your offer is accepted, it’s customary to schedule a buyer’s home inspection. This is when you have the opportunity to get a professional opinion on the condition of the home and determine any red flags (like damage, pests, structural issues, etc.). We recommend that you find a qualified inspector at either www.nahi.org or www.ashi.org. Read the inspector’s report carefully and proposed changes to the sales contract based upon the inspector’s report. 10. Close the transaction: The process of closing on a new home can require several weeks (or longer) and many steps. This is where the quality of your closing agent or title company really pays off. During the escrow period, you will work with your lender to secure your mortgage. This process will involve gathering lots of information, signing a lot of paperwork and a lengthly “to-do” list. When the requirements of your sales contract have been fulfilled and your mortgage has been approved, you will be given a final walk-through of the property to determine that all repairs were made as negotiated. On the closing date, you will sign your mortgage documents and receive the keys to your new home. WGSF can reduce the stress and anxiety that often exists when pulling together the final details of a closing and ensure that you understand everything you’re signing before you sign it.
- Many thanks to Attorney Carol Rosen
Letters from our Members: January 27, 2012 Dear Welch, Gold, Siegel & Fiffik P.C., I wanted to send a letter of appreciation for your help in the matter of my dispute with a tax collection bureau over late penalty fees. I worked with Carol L. Rosen, Esq., who was very professional and effective in her communication with the bureau. I want to thank you for a successful resolution to this problem and all your help in settling this matter. You were great to work with, and did a terrific job. I am very proud to be a member of LegalShield. There can be so many situations today in which legal advice and help is needed. It’s very reassuring to me to know that you ar there to help when needed. Sincerely, Member from Pittsburgh, PA #legalshield #tax
- Grateful for Attorney Robin Allaway
Letters from our customers: August 1, 2012 Dear Welch, Gold, Siegel & Fiffik, and LegalShield Services: I phoned in and requested that I speak with Atty. Robin Allaway, who I have found to be one of the best Lawyers in your firm. She is a great listener, professiona, and very knowledgeable. In addition she has gone above and beyond to assist me with my matter, in kindness and with patience. In speaking with her she makes me feel important as a LegalShield member and as a LegalShield Associate, it makes me proud to know that we have an Attorney like Robin Allaway that is representing our members. Thank you, Member from Pittsburgh, PA #legalshield #trust
