Over the last few months, you’ve probably heard about the “One Big Beautiful Bill” (OBBB, “the Act”), but you might not know how it affects you, your estate plan, or your business.

The Act was signed into law on July 4, 2025. It makes permanent many pieces of the 2017 Tax Cuts and Jobs Act that were set to expire in 2026. This looming expiration date caused significant uncertainty and prompted many individuals to consider updating their estate plans. So, what should you do now?

Check out these eight key impact areas of the OBBB and steps to take should your livelihood or business have opportunities or consequences.

Federal Estate Planning and Tax Consequences

Federal Estate Tax planning may not be needed if one’s taxable estate does not exceed the “exclusion” or “exemption” amount. In 2026, the OBBB increased the exemption amount at death and/or for lifetime gifts to $15,000,000 per individual and $30,000,000 per couple, indexed for inflation. Those below the exemption will not owe Federal Estate Tax at death, with a rate of 40% if tax is owed. 

The Act also increased the Generation-Skipping Transfer Tax (“GST”) exemption to $15,000,000 per person, allowing increased wealth that can pass to grandchildren and more remote descendants. Additionally, the Act maintained “portability” between spouses, which allows a surviving spouse to inherit any unused exemption (there is no portability for the GST exemption).

For many people, these increased exemptions mean simpler estate plans. Nonetheless, high-net-worth individuals and families can use certain estate planning and tax strategies wisely to minimize death taxes. An estate planning attorney can help determine which ones are right for you!      

Gift

The gift tax annual exclusion remains at $19,000 per individual, per donee, and $38,000 per couple. For larger gifts, a taxpayer would file a Federal Gift Tax Return. 

529 Accounts

529s are common tax-advantaged accounts for education-related expenses. Under the Act, the class of qualified higher education expenses expanded, allowing more such expenses to be paid from these accounts. The growth of 529 assets is generally tax-free, providing significant advantages to account owners.

SALT Maximums

The Act increased the State and Local Tax (SALT) deduction to $40,000 per household, allowing individuals with high state/local tax burdens the opportunity to deduct these taxes from their gross income. Under the previous law, the deduction was capped at $10,000.

Charitable Giving

Taxpayers will only receive a tax deduction for charitable gifts exceeding 0.5% of adjusted gross income. This means it is useful to combine multiple gifts into a single tax year rather than making consistent, smaller gifts.

Business and Income Tax Changes

The Act has also had a significant impact on businesses and business owners. 

Tax rates from the 2017 Tax Act were permanently reduced for individuals under the current Act. These reduced rates also apply to pass-through entities. The Act made permanent a 20% deduction for certain pass-through entities’ domestic profits. This applies to many LLCs, S corporations, and sole proprietorships. As for C corporations, the Act increases benefits and deductions for qualified small business stock. Investing in small businesses can be advantageous because the Act permits certain gains from selling qualifying shares to be tax-free.  

Expensing Capital Investments

The Act allows business owners to expense capital investments such as business equipment. It makes permanent a 100% bonus depreciation rate for qualified property assets acquired or utilized by January 20, 2025. Eligible equipment, assets, and machinery can be written off in the year of purchase rather than over multiple years.

Research and Development Costs

The Act allows business owners to immediately deduct 100% of their domestic R&D expenses. This portion of the Act may apply retroactively to expenses beginning January 1, 2025. 

Although the Act is now permanent, its terms may change in the future under a different political environment. Families, individuals, and business owners can plan for their futures knowing there is no “sunset” to the current law. Still, they should keep in mind that changes to the tax laws can and will occur in the future.

Reprinted with permission from the Spring 2026 Edition of Network Magazine© 2025  All rights reserved. Further duplication without permission is prohibited. 

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Fitzpatrick Lentz & Bubba, P.C. congratulates Kate Durso, a shareholder in the firm’s Real Estate, Land Use & Development, for being named to the 2026 GlobeSt. CRE Women of Influence list for CRE Legal Counsel. This list highlights women shaping the future of commercial real estate and their leadership, innovation, and impact in the industry.

Kate Durso’s CRE career

Working in the commercial real estate industry as an attorney for over 30 years, Kate hasn’t merely witnessed change, she’s influenced it. 

Early in her career at FLB, Kate found herself assigned to several telecommunications cases for major companies like Sprint, AT&T, and Verizon. These companies needed legal support to navigate land use and zoning approvals in the Lehigh Valley as they created infrastructure for cell phone towers, unpopular and unwanted by many communities in the 1990s and early 2000s. She got a reputation for being the “Cell Phone Tower Attorney” and advocated for her clients up through several levels in the court system, leveraging her astute knowledge of land use law. She has obtained approvals for over 700 wireless communications facilities throughout the state of Pennsylvania. 

These early experiences taught Kate the importance of relationships. Being a regular at municipal meetings meant lots of face time with planners, engineers, and local government officials.  Kate stood out early in her career, many times she was the only female in the room.  Beyond this, state agencies have become more involved on the regulatory side of things (notably since the pandemic), adding more red tape to her clients’ CRE projects. Having a strong rapport and long-standing relationships with municipalities and financial institutions, as well as her knowledge of local, state and federal regulatory statutes, helps make her clients’ transactions smooth and successful.

How Kate Durso helps CRE clients today

Today, Kate regularly represents commercial developers of mixed use, multifamily, manufacturing facilities, hotels, residential developments, and the growingly controversial warehouses and data centers. With the evolution of social media and virtual meetings, the public is more engaged in land development and zoning hearings, often with objections.  She helps ensure municipal decisions align with zoning and land development ordinance, and gives a strong voice to CRE developers who seek to invest in local infrastructure.  She consistently faces opposition, often due to misinformation and objector groups, with grace and grit and a winning track record. 

As involved as Kate is in the Lehigh Valley’s CRE world, she is involved in several local nonprofit and charitable organizations including Penn State Lehigh Valley, St. Ann’s Church Emmaus, Lehigh Valley Chapter of Commercial Real Estate Women (CREW), Volunteer Center of the Lehigh Valley, Volunteer Challenge and Good Shepherd Rehabilitation Hospital’s Women’s Giving Circle.

All CRE Women of Influence honorees will be recognized at an awards ceremony during the GlobeSt. Women of Influence Conference at the Gaylord Rockies Resort & Convention Center in July 2026.

Congratulations, Kate!

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As organizations navigate 2026, HR leaders are facing a rapidly evolving employment law landscape marked by shifting judicial interpretations, changing enforcement priorities, and increased state-level activity. The result? Greater uncertainty and greater responsibility for HR professionals to stay proactive, informed, and strategic. Check out these HR tips for staying compliant in 2026. 

A More Unpredictable Legal Environment (and More Trials?)

Recent federal court decisions signal a growing lack of consensus in how employment laws are interpreted and applied. Courts are increasingly vocal in their disagreements, not just with litigants, but with each other, creating ambiguity in areas that were once more predictable.

At the same time, key rulings have reshaped foundational legal principles. For example, courts are no longer required to defer to federal agency interpretations of ambiguous laws, which may lead to more cases proceeding to trial rather than being dismissed early. 

TAKEAWAY: For HR teams, this means heightened litigation risk and a stronger need for well-documented, consistently applied policies.

Shifting Federal Enforcement Priorities

Federal agencies are also adjusting their focus. Enforcement priorities have shifted toward religious discrimination and certain forms of national origin bias, while other areas, such as disparate impact claims, may receive less attention. For example, in the SCOTUS case Ames v. Ohio Department of Youth Services, the Supreme Court unanimously held that federal anti-discrimination law (Title VII of the Civil Rights Act of 1964) does not permit courts to impose a heightened burden of proof on employees from majority groups (such as being heterosexual, male, or white) when they bring discrimination claims.

Meanwhile, scrutiny of DEI initiatives continues to grow at the federal level, even as the underlying laws remain largely unchanged and DEI initiatives are not, generally, illegal. 

TAKEAWAY: HR leaders should be mindful of how programs are structured and communicated, ensuring they are compliant, clearly defined, and defensible.

States Are Filling the Gaps

As federal priorities shift, states and local jurisdictions are stepping in to expand protections. In Pennsylvania and beyond, HR professionals are seeing:

• Expanded anti-discrimination protections, including those related to hairstyles and religious head coverings (in Pennsylvania, the Pennsylvania CROWN Act went into effect in early 2026, prompting state employers to make significant changes to policies and practices)
• Additionally, minimum wage increases continue across many states (but, not yet in Pennsylvania), adding complexity for multi-state employers
• Enhanced paid leave and anti-retaliation ordinances at the local level
• Noncompete enforceability has gotten tougher overall, and is now limited in certain industries, such as healthcare

TAKEAWAY: Compliance is no longer one-size-fits-all. Employers must stay attuned to state and local developments that may have changed or differ from federal requirements.

AI in HR: Opportunity Meets Risk

Artificial intelligence is quickly becoming embedded in HR processes—from recruiting to performance management—but it introduces significant legal and ethical risks.

AI tools can unintentionally perpetuate bias, produce inaccurate outputs, or mishandle sensitive data. Perhaps more concerning, they may generate information that appears credible but is ultimately incorrect or unreliable.

TAKEAWAY: Organizations should implement clear AI usage policies, limit reliance on AI for high-stakes decisions, and require human oversight. Training HR teams on the limitations of these tools is equally critical to avoiding costly missteps.

Accommodation and Documentation: Back to Basics

Despite all the change, some core principles remain steady. Employers are still required to provide reasonable accommodations for disabilities, pregnancy, and religious beliefs, unless doing so creates an undue hardship.

What’s evolving is the level of scrutiny. Employers must engage in a meaningful interactive process, carefully evaluate each request, and document decisions thoroughly. Importantly, forcing an employee onto leave when another accommodation is possible may create legal exposure.

TAKEAWAY: Consistency, communication and contemporaneous documentation of events and circumstances are key. When in doubt, document and engage in dialogue rather than making assumptions.

Common Compliance Pitfalls & Opportunities

Many legal risks stem not from complex legal questions, but from everyday breakdowns in execution. Common issues include:

• Inconsistent application of policies across departments
• Poorly written or overly broad social media policies
• Lack of employee awareness around rights and reporting procedures
• Nonexistent or inadequate documentation of key facts and situations
• Delayed involvement of legal counsel

HR leaders can significantly reduce risk by fostering a culture of compliance—one that prioritizes training, transparency, and accountability.

To stay ahead in this environment, HR professionals should focus on a few critical actions:

• Conduct internal audits to identify high-risk areas
• Update handbooks and policies to reflect current laws and trends
• Train managers on emerging issues, including AI and accommodations
• Centralize key HR decisions to ensure consistency in decision making and documentation
• Engage employment counsel early when issues arise

Support for 2026 Employment Law & HR Compliance

In 2026, HR is not just a support function; it’s a frontline risk management role. By staying informed, proactive, and aligned with both legal developments and organizational goals, HR leaders can not only protect their organizations, but also create stronger, more resilient workplaces.

Our experienced Labor & Employment Law attorneys can help your organization comply with changing federal and state laws, and embracing new technology, while implementing best practices.

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Talking about death is uncomfortable. While most people recognize the importance of discussing end-of-life care and wishes, few follow through in doing so! And, even those who do have at least a Will, can still commit estate planning mistakes. Learn how to create and preserve meaningful documents that will truly give you a voice now and in the future, as well as peace of mind.

Estate Planning Mistake #1: Not having the right (or all) documents you need

Anyone over the age of 18 can and should have an estate plan. The average person typically just needs the following:

• Will – details who receives your property and belongings after you die (beneficiaries), how that property is distributed and who can act on your behalf (fiduciaries); if you have children, you should also  determine who should care for your children in the event a guardianship is needed.
• Durable Power of Attorney (POA) – designates powers to allow someone else (Agent) to act on your behalf with respect to your property and finances.
• Health Care Directive Living Will – names an Agent to handle your medical affairs, generally in effect only upon your incapacity.

Those with special needs children, high net worth, or blended families may also benefit from a Trust. While a Will is the most common document, having all three of those noted above truly provides coverage for most aspects of your life. 

While there is the opportunity to create estate documents online, there are pitfalls to using software or templates, primarily that they don’t give advice like an estate attorney does, ensuring you’ve covered all necessary aspects of your life and abided by state-specific laws. It’s wise to employ an attorney to help you draft, finalize and properly sign and file your estate plan.

Estate Planning Mistake #2: Improperly executing or losing documents 

Unfortunately even the best laid (estate) plans can fail if you don’t have them properly executed or lose the originals. In fact, if you pass away, and the original copies of your estate documents cannot be located, your estate plan may be invalid. This means your estate would fall under PA intestacy laws, dictating how your property is divided up and to whom, not necessarily in accordance with your wishes. 

What should you do with your signed estate documents? Some estate attorneys will keep a copy or possibly the original for you, depending on your needs. If you keep the originals, it is wise to have them in a safe place such as a fire-proof safe at home, in a secure safety deposit box at a bank, or with a trusted family member.

Additionally, an estate attorney will make sure your documents are finalized with proper signatures. While a Will needs to be signed by you, the signature of witnesses is not required in some states; however, having witnesses present and signing in the presence of a notary makes the Will more likely to be upheld as valid. POAs and Living Wills do need to be signed in the presence of two witnesses and a notary to be valid. 

Estate Planning Mistake #3: Trying to avoid probate or being inconsistent across documents 

Assets like life insurance and 401(k) plans allow the owner to designate beneficiaries, to whom these accounts are payable upon your death. These are considered “non-probate” or “transfer upon death” accounts that supersede the terms of a Will.  Beneficiaries do not have to wait for the policy to pass through probate, the legal process that takes place after your death to finalize your estate. Avoiding probate is not necessarily a good idea, and working with legal counsel to discuss beneficiary designations is an important part of the estate planning process.

Life happens—death, divorce, and more—sometimes forcing you to update your beneficiaries. It is important to keep your estate plan fresh (more on that below), and the beneficiaries of non-probate property updated. 

Some people try to pass on their assets by beneficiary designation in the misunderstanding that this avoids inheritance tax. Unfortunately, this often leaves the estate unable to pay for administration costs like funeral expenses, debts, credit card bills, etc.. In some cases, beneficiaries of non-probate funds have had to pay back creditors when the estate can’t otherwise be settled. 

Estate Planning Mistake #4: Set it and forget it

You may feel like a burden has been lifted off you once you complete your estate plan. However, similar to keeping your beneficiaries current and consistent across documents, it’s important to review your documents every few years. 

Several life circumstances that might require an update to your estate plan:

• Birth of a child or grandchild – adding guardianship; ensuring a child or grandchild receives the appropriate share of your estate; possibly keeping assets in trust for a beneficiary.
• Divorce (yours or a person who is named in your documents).
• Change in health – if you have been diagnosed with a serious illness (that has not impacted your mental faculties), it’s prudent to review your documents, notably your Living Will to ensure your wishes are followed should you become incapacitated.
• Move to a new state – every state has its own estate/tax laws that impact how your assets are distributed; be sure to look into this upon a relocation and update your documents accordingly.

While these are only some reasons to update your estate documents, it’s a good rule of thumb to do so every few years, regardless of major life changes. 

How to avoid estate planning mistakes

Perfect is sometimes the enemy of good. Beyond wanting to avoid the grim topic of death, many people, especially young adults, struggle with making guardianship decisions for young children. While these are difficult decisions to make, your estate plan gives you the opportunity to express your wishes for all stages of life, including beyond the grave. 

You can avoid estate planning mistakes like these and others by working with an experienced estate attorney to create a meaningful plan that protects you, your assets, and those you love most. Contact a member of our team to schedule an appointment and get started on yours today. 

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Fitzpatrick Lentz & Bubba is pleased to announce the firm and six attorneys were selected for inclusion in The Morning Call Top Lawyers of the Lehigh Valley 2026, the second annual directory highlighting the region’s top legal counsel. The section was published on Sunday, March 29, 2026 in print and the e-Edition. It will be posted on MCall.com as well.

In addition to the firm being recognized for general legal services, the following attorneys were named top local picks for their respective practices:

Ken Charette, Corporate

Amy Kruzel, Divorce & Family

Kate Durso, Zoning & Land Use

Lauren Sorrentino, Divorce & Family

Ron Reybitz, Real Estate

Colin Keefe, Business

At the end of 2025, readers of The Morning Call cast their vote for the Top Lawyers in the Lehigh Valley. Through the media outlet’s online voting ballot, thousands of votes determined who they would call on in times of need.

This is Amy and Lauren’s second year achieving this recognition.

Congratulations to the 2026 Top Lawyers!

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As consumers, we often visit websites and quickly click the “I accept” banner that pops up, overlooking the terms and policies it aims to alert us to. Despite this common oversight, businesses must recognize that privacy policies are among the most crucial texts on any website. With a fresh year in front of us, now is the perfect time to review and update your website privacy policies to ensure they accurately reflect your business practices and comply with state laws.

What Is a Privacy Policy and Why Do I Need One For My Website? 

If your website is involved in gathering, processing, selling, or sharing personal consumer data, you are likely required by law to publish and display a privacy policy. The term “privacy policy” is often used interchangeably with other terms like privacy notice, privacy policy statement, privacy page, privacy clause, and privacy agreement. A privacy policy is a legally binding document that serves as a guideline for consumers. It explains how their personal data is treated when they visit your website, mobile applications, and other online platforms. It addresses key topics such as the different categories of personal data you collect, the purposes behind how and why data is used, shared, and disclosed, as well as information related to specific state consumer laws.

What Are the Key Elements of a Privacy Policy? 

You want to ensure that your privacy policy accurately reflects how your business operates and how it is collecting and storing consumer data. A privacy policy should be tailored to reflect a business’s actual practices, not a generic template. Some key elements to consider and potentially incorporate into your privacy policy include:  

1. Details related to the categories of personal data that are being collected and/or processed, directly or indirectly. State consumer privacy laws may require businesses from collecting personal data that the privacy policy does not disclose;  
2. Information on how and why you use the personal data;
3. Methods that you use to maintain the accuracy and relevance of personal data; 
4. The means by which you are storing personal data; 
5. Details on if and how you share personal data, who it is being shared with, which may include parent companies and subsidiaries, and any legal obligations you have to disclosure personal data; 
6. Any third parties that have access to personal data;
7. Consumer rights related to how they can request access to information that you have about their personal data, how they can request corrections or deletion, or how they can opt out of you collecting their personal data;
8. How consumers are notified when the privacy policy is updated; and 
9. Information related to specific state consumer privacy laws. 

Why Should You Review Your Privacy Policy?

Consumer privacy laws have been undergoing changes and becoming more rigorous on a state-by-state basis. The past two years highlight a clear trend: state consumer privacy obligations continue to become more complex and are changing quickly. In 2025 alone, eight states (Delaware, Iowa, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Tennessee) enacted new consumer privacy laws, with three more states (Indiana, Kentucky, and Rhode Island) having new laws with effective dates set for 2026. Failure to comply with state privacy laws could lead to serious legal action or regulatory penalties. 

As new state regulations emerge, businesses handling personal data across multiple jurisdictions must take proactive steps to adapt to the evolving requirements. This involves not only understanding the specific legal obligations in each state, but also implementing and conducting regular privacy reviews to ensure that their privacy policies are up to date. By doing so, businesses can build trust with consumers and maintain compliance in an increasingly stringent privacy landscape. 

If it has been a few years since your business has updated its website privacy policy or if you do not have a website privacy policy, using legal counsel to review or draft your website documents may be a prudent investment. Consumer data privacy laws are ever changing, especially with the rise of artificial intelligence, and it is best to be proactive to ensure your business is compliant with all relevant laws. 

Reprinted with permission from the Winter 2026 Edition of Network Magazine© 2025 All rights reserved. Further duplication without permission is prohibited.

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Our Real Estate, Land Use & Development attorneys have been intimately involved in obtaining thousands of approvals for commercial, industrial and residential projects, working closely with local, state and federal agencies. With more than 150 years of collective knowledge and understanding of zoning law and related regulations, developers trust our team to oversee their projects with the least regulatory resistance or building delays possible. Under this model of legal and project leadership, some of the largest and best-known projects in eastern Pennsylvania were accomplished.

Our clients include local, regional and national developers and retailers and commercial and industrial businesses as well as builders and property owners. Our Real Estate, Land Use & Development attorneys have worked on projects large and small in virtually every business sector, including these and many others:

We work closely with our transactional attorneys to provide you with exceptional services in acquisitions, sales, development financing, exchanges and all aspects of real estate-related transactions, from commencement of construction to post-development project completion.

OUR SERVICE AREAS

• Land Use, Zoning, and Subdivision
• Real Estate Development
• Commercial Transactions
• Banking and Finance Placement
• Tax Assessment Appeals
• Eminent Domain
• Landlord/Tenant Leasing
• Planned Communities and Condominiums
• Natural Gas, Energy and Utilities Residential Purchases

RECENT PROJECTS AND ACCOMPLISHMENTS

• Counseled business partners and professional sports team ownership in major downtown arena and urban redevelopment project, working with private and government participants in the city’s economic employment and construction growth initiative.
• For over 25 years, handled on an ongoing basis municipal and related development approvals for major convenience stores, supermarkets, pharmacies and fast food retailers.
• Successfully challenged property tax assessments before local taxing authorities and in appeals to the respective county, including a certified class action appeal on behalf of over 300 homeowners, through appeal and trial, one of the largest assessment reductions in Pennsylvania for the international headquarters of a Fortune 500 company.
• Litigated and resolved major condemnation claims for property owners and handled government takings and intrusions on private property, including a federal highway taking seizure of retail buildings, parking lots and property rights.
• Prevailed in obtaining for a Fortune 100 company zoning, subdivision and land development approvals for a 200,000 square foot retail center in suburban Lehigh Valley.
• Broke new ground on establishing and protecting the rights of a private property owner in a challenge filed by development opponents involving complex stormwater regulations.
• Led the development team in the entitlement, approval and build-out of the region’s largest upscale lifestyle retail center, including consultation on project regulations and covenants.
• For almost two decades, have provided legal direction and obtained entitlements for telecommunication carriers and tower owners, consisting of over 1,000 sites in more than half of Pennsylvania’s counties.
• Represented multinational utility companies in obtaining land development approval for construction and expansion of a 25-acre solar energy facility.

REPRESENTATIVE CLIENTS

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If you have ever bought or sold a home, you are probably familiar with a seller disclosure form. This document conveys information about the property to a prospective purchaser, including details like when the roof was installed, any history of water in the basement, and HVAC system details. While sellers should complete this document thoroughly, to the best of their knowledge and ability, this is not always the case. What are your options if you have purchased a property only to have significant issues not captured on the seller disclosure arise? You may have recourse under Pennsylvania’s Real Estate Seller Disclosure Law.

What is Pennsylvania’s Real Estate Seller Disclosure Law?

The Pennsylvania Real Estate Seller Disclosure Law, 68 Pa.C.S. § 7301, et seq. (“RESDL”), applies to most residential real estate transfers and was created to define the disclosure obligations of sellers. Specifically, it requires them to disclose the property’s known “material defects with the property known to the seller” in 17 key areas.

Most realtors utilize the Seller’s Property Disclosure Statement, which was approved of by the Pennsylvania Association of Realtors®(PAR).  Moreover, although the seller is not obligated to make any specific investigations to complete the property disclosure statement, the seller cannot make any representations that he knows or has reason to know are false, deceptive or misleading and cannot fail to disclose a known material defect.

Prior to the RESDL being passed in 2000, buyers traditionally had little to no protection from any recourse for defects discovered in connection with the purchased property, i.e., a caveat emptor or “buyer beware” situation. Sellers were not required to disclose material defects, and buyers had to seek out and uncover any defects, major or otherwise, on their own prior to making a decision.

Today, most states require some seller disclosure, as it protects both the buyer and the seller. The buyer no longer must serve as a super sleuth, and the seller, if they properly disclose, has liability protections should an issue arise down the road.

Limitations to the Pennsylvania Real Estate Seller Disclosure Law

While the RESDL was enacted to, among other things, protect the purchasers of a residential property, those protections and the recourse established against the seller are not limitless.  Limitations include the following:

• Timing – An action under the RESDL must be commenced within two years after the date of final settlement for the property (68 Pa.C.S. § 7311(b)). In the event a purchaser seeks to bring action beyond the two years following final settlement, the buyer must pursue the claim under an alternate legal route like a breach of contract or fraud; an experienced litigator can determine if either path is valid.
• Exception for Administrators, Guardians and Conservators – The RESDL does not require the seller of a residence to provide disclosure of the 17 key areas if the sale of the property was done in the course of the administration of a decedent’s estate, guardianship, conservatorship or trust (68 Pa.C.S. § 7302(a)(1). This means that if you are, for example, the executor of a relative’s estate charged with selling a residential property, you do not have an obligation to complete the seller disclosure form. On the flip side, if you are purchasing a property from an estate, anticipate any disclosure provided may reflect limited knowledge of the property, if any, as the seller was not the property owner residing in the property.
• Withholding details not considered a “material defect” – While a good rule of thumb is to disclose information that’s relevant or useful to the buyer in one of the extra spaces found in the seller disclosure form, the law states that the defect must be objectively physical. In a 2025 case, a Pennsylvania Superior Court judge determined hate symbols embedded in a house were not material defects that needed to be disclosed. Purchasers should be sure to complete due diligence on their prospective property to see if it’s made headlines or has any skeletons in its proverbial closet that may impact its value now or in the future.

I am having property issues – now what?

Suppose you recently bought a house, worked with a realtor, and followed best practices. You signed an agreement of sale, did your due diligence, closed, and are happily living in your new residence. During some recent basement renovations, you took that wallpaper off one of the posts and uncovered water stains.

Annoyed, you open your filing cabinet and review the seller disclosure, which mentions nothing of water damage or flooding in the basement. You have difficulty believing the damage was unknown, and the wallpaper seems like a total cover up. Now, you’re fearful that the next big storm will damage the new, expensive flooring you just installed!

While you have a potential case (based on the above criteria – within two years, not sold as part of an estate, and the issue is a material defect), the buyer bears the burden of proving the previous owner and possibly their realtor knew about the problem. As the law notes, “any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the buyer” (68 Pa.C.S. § 7311(a)).

Proof in this case, and most often, will be evidentiary. Utilizing the seller disclosure form and context clues, you will need to showcase steps taken to mislead or conceal the material defect, or that the defect is so major that the seller had to have known about it. This will likely include documenting the issue you have unearthed (including photos). Additionally, it may involve procuring the testimony of industry professionals to share their knowledge and expertise about home repair and maintenance to help develop or substantiate your narrative.

Some buyers also seek to sue the seller’s realtor in the process, especially if the material defects were costly. However, an agent of a seller cannot be liable for any violations of the RESDL unless the agent had “actual knowledge of a material defect that was not disclosed to the buyer or of a misrepresentation relating to a material defect” (68 Pa.C.S. § 7310).

How to avoid seller disclosure issues

There are many steps a homebuyer should take when considering their real estate purchases to help avoid heartache (and litigation) in the future:

• Carefully read the seller disclosure and seek clarification – If something on the seller disclosure is unclear or missing, the buyer should ask questions. The seller may be intentionally vague in response to bolster the home’s value or sell before a problem grows. If a professional provided services to remedy an issue, ask for records or contact the provider to gain understanding.
• Get a professional home inspection – While not legally required under the law, professional home inspections can help validate a seller disclosure as well as potentially uncover hidden issues of which the seller was unaware, i.e., an otherwise unknown material defect or one the seller believed had been corrected previously (68 Pa.C.S. § 7309). If, for some reason, like a bidding war, the seller agrees to accept an offer if the buyer is willing to waive inspection, the buyer assumes this risk in not doing due diligence.
• Consider a real estate attorney in the buying process – In addition to taking a hard, close look at all contractual documents, a residential real estate attorney can help you better understand future implications (like litigation options) and negotiate issues unearthed in a seller disclosure or inspection. While a real estate agent also plays a critical role in your transaction, their commissions are contingent on closing occurring. An attorney can provide independent, unbiased counsel and, when due diligence warrants, advise you to walk away from a property that may not be in your best interest now and in the future.

Support for Pennsylvania Seller Disclosure Law Litigation

If you are a homebuyer experiencing issues with your property that may violate the Pennsylvania Real Estate Seller Disclosure Law, please get in touch with a member of our Litigation & Trial Practice team to discuss your unique situation and potential resolutions.

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Under Pennsylvania law, every car insurance policy is required to provide at least $15,000/$30,000 of bodily injury liability coverage.  That’s $15,000 per person, up to $30,000 per accident. For those who have been severely injured in a motor vehicle accident, these bare minimum coverages are often insufficient, leaving motorists with tens of thousands of dollars in medical expenses, devastating injuries, and no way to recover. While no one anticipates being involved in an accident, having the right insurance coverage can make a significant difference in protecting yourself and your assets. This is where uninsured and underinsured motorist coverage (UM/UIM) comes into play, offering vital protection in scenarios where the other party involved in the accident lacks adequate insurance and possible personal injury lawsuits may ensue. 

What is Uninsured Motorist Coverage?

Uninsured motorist coverage, as the name suggests, provides financial protection if you’re involved in an accident caused by a driver who doesn’t have any auto insurance. In such cases, your uninsured motorist coverage can step in to cover medical expenses, lost wages, and other damages resulting from the accident. This coverage essentially acts as a safety net for you and your passengers in the event of a collision with an uninsured driver.

What is Underinsured Motorist Coverage?

On the other hand, underinsured motorist coverage is designed to protect you if you’re involved in an accident with a driver who has insurance but not enough to cover all your damages. In these situations, your underinsured motorist coverage can bridge the gap between the other driver’s insurance limits and the actual cost of your medical bills, vehicle repairs, and other losses resulting from the accident. This coverage ensures that you aren’t left financially vulnerable due to someone else’s inadequate insurance coverage.

Why are Uninsured and Underinsured Motorist Coverage Important?

Investing in uninsured and underinsured motorist coverage is crucial for several reasons:

• Protection against unforeseen circumstances: Even though auto insurance is mandatory in many places, there are still drivers who operate vehicles without insurance. UM/UIM coverage provides a layer of protection against such situations.
• Peace of mind: Knowing that you have coverage in place to handle expenses resulting from accidents caused by uninsured or underinsured motorists can offer peace of mind for you and your loved ones.
• Comprehensive financial protection: In the aftermath of an accident, medical bills, vehicle repairs, and other expenses can quickly add up. UM/UIM coverage ensures that you’re not left shouldering the financial burden alone.
• No dependence on other party’s insurance: Relying solely on the other party’s insurance coverage leaves you vulnerable if their policy limits are insufficient. UM/UIM coverage puts you in control of your financial protection, regardless of the other driver’s insurance status.

Why Uninsured and Underinsured Motorist Coverage Matters in a Lawsuit

If you were injured in an auto accident by another driver, assuming they carried the state minimum insurance of $15,000, you would first exhaust that coverage before tapping into your own health insurance and UIM coverage. UIM can cover additional medical fees, as well as non-medical expenses, such as loss of wages. If you did not have UM/UIM coverage, you may be forced to resort to a personal injury lawsuit to recoup your costs. Depending on whether or not you have Limited or Full Tort coverage, you may also be able to sue for pain and suffering.

If you were found to be at fault in an auto accident where you had the minimum insurance coverage and the other driver experienced $150,000 in medical bills, they will likely make a UIM insurance claim for the difference. Depending on how successful they are in this claim, or if they did not have UIM coverage, they may also pursue a personal injury lawsuit against your insurance agency or you. 

Another layer of complexity is where the accident happened as well as whether or not the other driver is from out of state. The car insurance and liability laws of the state where the accident happened apply; however, should you be involved in an accident in your home state with an out-of-state driver, you may have a more complex lawsuit in front of you.

If you were injured in a motor vehicle accident, please connect with a personal injury attorney to discuss options, including statute of limitations for making a claim or being sued by another party. 

Get Uninsured and Underinsured Motorist Coverage

In a perfect world, all motorists would carry adequate insurance coverage to protect themselves and others in the event of an accident. However, the reality is that not everyone complies with insurance requirements, and accidents happen unexpectedly. This is why uninsured and underinsured motorist coverage is a vital component of any auto insurance policy.

As you consider your insurance options, it’s essential to assess your risk tolerance and financial situation carefully. While adding UM/UIM coverage may increase your premiums slightly, the peace of mind and comprehensive protection it offers in the event of an accident far outweigh the additional cost.

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For nearly 40 years, Fitzpatrick Lentz & Bubba (FLB) has established itself as a leading provider of corporate and personal legal services to businesses, families and individuals in the Mid-Atlantic region. The firm is embracing 2026 by continuing its focus on the future, sharing the following updates: 

• Legal Leadership – globally recognized authority in legal market analysis, Chambers and Partners selected FLB for inclusion in the inaugural Chambers Spotlight Pennsylvania 2026 Guide, highlighting outstanding small and mid-sized law firms across the state. Specifically, the firm’s Corporate, Business & Banking and Real Estate teams were recognized for their excellence, strong reputation and dedication to client service.

• Accessibility in Easton – as Easton continues to grow and transform, FLB has expanded the footprint of its office in Palmer Township, moving into a larger suite. New and current clients can schedule appointments at the 400 S. Greenwood Avenue location for personal and corporate legal needs. 

• Greater Representation – the Litigation & Trials Practice team deepened its bench with the addition of Kevin Regan, seasoned civil litigator, and Wesley Hurst, commercial litigator. Together they will serve existing and future clients, helping FLB keep pace with increased demand for litigation services. 

• Next-Gen Talent – three recently barred attorneys started their legal careers at FLB. Maxwell Allanson-Dundon, Callan Charlesworth, and Joshua Haney passed the Pennsylvania bar exam in fall 2025 and are serving clients in the firm’s Litigation & Trials Practice, Employment Law & Labor Relations, and Estate Planning groups. Both Maxwell and Joshua participated in the firm’s Summer Associate Program. 

FLB is positioned to better serve individuals and businesses in the Greater Lehigh Valley now and in the future! 

Check out this tour of the new FLB Easton office in Palmer Township:

The post FLB Announces Firm Growth, Expansion & Global Recognition appeared first on Fitzpatrick Lentz & Bubba, P.C..