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Council committee approves rescinding city property sale after buyer delays, sparks debate over refunding $4,000 deposit

3376441 · April 17, 2025
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Summary

Pittsburgh City Council’s Finance and Law standing committee on April 16 approved a resolution to rescind a previously authorized sale of a city-owned property and debated whether to refund a $4,000 earnest deposit after more than two years of delay.

Pittsburgh City Council’s Finance and Law standing committee on April 16 approved a resolution to rescind a previously authorized sale of a city-owned property and debated whether to refund the $4,000 hand (earnest) money a prospective buyer had paid.

The vote produced an affirmative recommendation with two abstentions. Committee members pressed the city’s finance director and policy staff for details about how the city handles earnest deposits, how long title-clearance processes can take, and what changes might reduce delays.

Committee chairwoman Strassburger opened the item as “Bill 16‑34, resolution repealing an item in resolution number 5‑12 of 02/2022 ... in order to rescind the sale.” Councilman Coghill, who put the bill on the table for discussion, said the case had exposed broader process issues: “I think we have issues with our process more than anything,” he told the committee.

Director Gula, who identified themself as city treasurer and director of finance, explained the city’s standard handling of earnest deposits: “It goes in escrow.” Gula said that once council approves a sale and the city begins incurring costs to complete it—quiet title filings, contractor invoices and related expenses—the deposit is generally treated as a forfeit if the buyer later backs out. Gula also said the city had made one prior exception to refund an earnest deposit under exceptional circumstances.

David Geiger, legislative and policy director, stressed that structural flaws in the city’s sales process had motivated the administration’s push to strengthen the land bank: “The flaws in the city sales process from a structural standpoint are the reason why we've worked so hard to get the land bank functional,” he said. Geiger and Gula both urged caution about creating a new refund precedent that could strain the trust fund used to manage these properties.

Council members described the case that prompted the resolution: a buyer put $4,000 down on a $40,000 property in Brookline, then encountered at least a 24‑month delay during which the house deteriorated further. Council members asked whether the city had documented the property’s condition at the time the buyer signed the proposal and whether the buyer had been able to inspect the interior. Domi staff said buyers may view properties accompanied by city staff and can bring contractors to assess costs, but there is not a formal state-of-condition inspection report issued by the city as part of the initial application.

Committee members and finance staff described key contributors to delay: the buyer’s late submission of a title report, procedural waiting periods in the quiet‑title process that require notice to potential claimants, and court timelines that can extend the timeframe considerably. Finance staff estimated that a quiet‑title process can take “8 months to a year” under an expedited scenario and that mail and nonresponses from claimants can restart notice time clocks.

Several members urged policy changes to avoid future problems: speeding up the sales timeline; prioritizing stabilization work on structural properties so they do not deteriorate during the sales process; or allowing limited, narrowly defined credits for buyers tied to documented city expenses. Gula and Geiger said the preferred structural solution is more efficient sales processing and deeper use of the land bank rather than routinely refunding earnest deposits.

Council members pressed for clarity about the city’s finances. Finance staff said the costs the city expends on a sale—quiet‑title filing fees, direct contractor invoices and staff time—are charged to a dedicated trust described in the meeting as the “3 taxing bodies” trust fund (referred to in testimony as the “3 TB trust fund”). Staff said that historically the fund had run negative and that process improvements in recent years had helped put the fund in positive standing, with balances that staff described as “over a million dollars.”

The committee heard from the city’s law department about potential legal consequences if council were to direct a refund. Assistant City Solicitor Kevin Frater warned that refunding a deposit after a completed council‑approved sale could invite legal challenges and court costs and that the office would need to review any pathway that would create a new, broader practice. Budget director Peter McDevitt noted past council action, saying council has initiated legislation to rescind sales and refund deposits “at least twice in the last 3 years,” though administration staff said prior cases are not necessarily comparable.

After discussion the committee voted to recommend approval of the resolution to rescind the sale. The committee’s chair recorded two abstentions; the committee gave an “affirmative recommendation” to the full council.

The discussion signaled interest from council members in pursuing operational and policy changes—shortening sales timelines, improving buyer communication and stabilization of structures through the land bank or targeted repairs—rather than establishing an automatic refund rule that staff say could jeopardize the trust fund that pays for title and stabilization costs.

Next steps: the resolution will be forwarded to the full council per the regular legislative process. Committee members asked city administrative staff to return with options for process changes and, if necessary, a written legal opinion about the refund question.