Real Estate Law Questions

1 Answer | Asked in Real Estate Law for Virginia on Jan 24, 2013

Charles Snyderman's answer
Let me make sure I understand your question. It's confusing the way you asked it. Please understand that while you know all the facts, any attorney who reads your question only knows what you wrote. It appears that you are saying that you are the ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Feb 9, 2011

Paul A. Prados's answer
Often for residential home sales there are provisions in your sales contract providing that the sale is "as-is" or that there are no warranties regarding the condition of the property. You could try a lawsuit, but your chances are heavily limited ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Feb 10, 2011

Paul A. Prados's answer
Your question appears to be cut off and is also a little confusing as written. If you are asking can you force a sale of jointly owned property the answer is generally yes. The court will prefer to subdivide the land if each person can be given an ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Feb 10, 2011

Paul A. Prados's answer
The time frame for claiming an elective share is statutory, it can not be changed. If the time has completely passed there may be other rights for you to try to enforce. Find a trust and estates litigator quickly to prevent other rights from expiring. If ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Feb 7, 2011

Paul A. Prados's answer
Generally speaking an original offer is rejected by the making of a counter-offer. There can be exceptions depending on the language of the original offer. As this is likely a large expensive life changing transaction, it may be time for you to consult ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 27, 2011

Paul A. Prados's answer
If she is actually on the title to the house she has a right to occupy it, unless there is a contract or court order saying otherwise. Her tangible property continues to belong to her, and if you throw it away, you could be potentially sued by her, or ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 24, 2011

Paul A. Prados's answer
You should hire an attorney regarding the timing of distribution. Generally you can distribute, as long as you hold a certain amount in reserve. This should be an amount worked out between you and your attorney perhaps with the assistance of an ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 24, 2011

Paul A. Prados's answer
No, HOA's are not required to have covenant committees under Virginia law. Your actual covenants or by-laws my require a covenant committee or similar committee. Generally the Board may may form whatever committees it wants as long as it is not ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 18, 2011

Paul A. Prados's answer
The owner of the property in question or the real estate agent depending on the terms of the listing agreement. The owner can delegate that authority to an agent such as a tenant. An unrelated third party would not have such authority.
 
 

1 Answer | Asked in Real Estate Law for Virginia on Nov 9, 2010

Paul A. Prados's answer
The answer is likely no. There are some limited circumstances where you owed a duty to your neighbor to provide drainage. But if this is an increase from previous drainage the answer is likely no.
 
 

1 Answer | Asked in Real Estate Law for Virginia on Dec 9, 2010

Paul A. Prados's answer
It would not be possible to know for sure without reviewing the documents. Generally "lot owners" is your real estate for which the HOA has architectural control. "Personal Property" most likely refers to tangible property such as a ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 9, 2011

Paul A. Prados's answer
If your name is on the mortgage a quitclaim deed will not take you off the mortgage. The existing lender needs to voluntarily let you out (unlikely), or the property needs to be refinanced. To get your name off the deed only, a quitclaim deed will suffice.
 
 

1 Answer | Asked in Real Estate Law for Virginia on Nov 9, 2010

Paul A. Prados's answer
Negligence is not the basis for a lawsuit in this instance. There are federal statutes that protect consumers in situations where a third party keeps reports to the crediting agencies in an improper way. You need a Plaintiff's attorney skilled in ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 15, 2011

Paul A. Prados's answer
It is a matter of the degree of protection you are seeking. The best position you can be in is that of a secured creditor. You could obtain and record a deed of trust, or if you do not wish to force a sale upon default, but be protected in case somebody ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Nov 8, 2010

Paul A. Prados's answer
Generally no under Va. Code 55-79.84. To clarify. There is an unperfected lien on the property for all unpaid assessments. This unperfected lien may still be enforceable if the property is sold. The answer above applies to recorded (and perfected) liens ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Dec 28, 2010

Paul A. Prados's answer
The answer is probably bad news. This will depend on the terms of your real estate contract. Routinely in Northern Virginia there is a form signed waiving all obligations of the seller to confirm the condition of the property in question. A version of ...
 
 

1 Answer | Asked in Real Estate Law for Virginia on Jan 10, 2011

Paul A. Prados's answer
There is nothing particular about conducting a short sale in another state that would absolve you from potential liability in Virginia. Generally there are two types of short sales: 1. Where the mortgagee forgives the remaining principal balance on your ...
 
 

1 Answer | Asked in Real Estate Law for Indiana on Feb 20, 2014

Michael Ray Smith's answer
You should consult an attorney about filing a court petition to "partition" the property under Indiana Code 32-17-4.
 
 

1 Answer | Asked in Real Estate Law for Indiana on Feb 28, 2014

Michael Ray Smith's answer
I'm guessing that you are talking about property that was held in joint tenancy with right of survivorship. One of the joint tenants died, and now the property is owned by the surviving joint tenant. If that's the case, the surviving joint ...
 
 

1 Answer | Asked in Real Estate Law for Pennsylvania on Mar 2, 2014

Mark Scoblionko's answer
There are lots of facts missing here and you need to consult a lawyer. The issue of "who gets the consideration" is down the line. First, it sounds like there were errors in the subdivision plan and in the legal descriptions for the two new ...