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Questions Answered by Shafeek Seddiq
1 Answer | Asked in Real Estate Law for Virginia on
Q: I want to convey my house to three grantees. I was told that I can do a Quitclaim deed.

Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.

Shafeek Seddiq
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Shafeek Seddiq
answered on Sep 6, 2022

It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.

1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: House deed is in ex wife and my name but the loan is only me, do I need her to get a home equity loan?

The divorce settlement states that she gets the house only once she can obtain a loan. So can I refinance the loan in any way before she takes it over in order to get some money out of the house? Or will I need her to sign anything?

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

See a real estate lawyer, show the PSA and title and loan documents. Then, the lawyer can outline your options and how to proceed.

Not a legal advice nor any attorney-client relationship.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Am I obligated to give my girlfriend 50% equity in the home but it is in my name only after we break up

She has been writing rent on her checks and not mortgage.

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

You need to see a lawyer who will learn more about the arrangements and understanding between you and your girlfriend, then advice, counsel and provide options. Or, it could be as simple as a memo on the check "for rent only".

Not a legal advice nor a an attorney-client...
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1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

2 Answers | Asked in Real Estate Law for Virginia on
Q: A 14 acre deed from grandparents, inherited by 9 brothers/sisters, 3 are alive. We are entitled to 1.5 acre. No will.

Or declaration of heirs. 24 houses have been constructed and no one wants to pay Crim, up to $30k owe.

How do I begin this journey to obtain what is mine?

Shafeek Seddiq
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Shafeek Seddiq
answered on Apr 7, 2022

Sorry to hear what you are going through. A good place to begin your journey is to see a real estate or estate lawyer to learn more about the story and gather information, then outline how to proceed, if any.

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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Exemption code and title of deed transfer when selling to family so that you are not charged taxes

I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.

Shafeek Seddiq
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Shafeek Seddiq
answered on Mar 25, 2022

I recommend you go see a real estate lawyer near you to explain how this can be done.

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Q: Should Dad's house be included in his will or should it be listed separately?
Shafeek Seddiq
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Shafeek Seddiq
answered on Mar 21, 2022

It depends on what your dad wants. What does separately mean? I would recommend your dad reaches out to an estate planning lawyer and explain what he wants. Then, the lawyer can tell him what estate documents he needs.

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3 Answers | Asked in Real Estate Law for Virginia on
Q: Hello i have a property that i was buying threw a rent to own contract my name was added to the deed. then lady passed

The family is trying to sell it and can't because the lady added my name to the deed. do i have rights to the land and what should i do. The family wants me to sign my name off it. I refuse because I have money invested in the property. In the event of her Death and she has no will would that... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Feb 20, 2022

It is confusing to understand the relationships without looking at the deed to show how you both owned the property, and the rent to buy contract to learn what these documents say. There are answers, but unfortunately, no easy ones. Take these documents to a real estate lawyer and or probate... Read more »

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2 Answers | Asked in Contracts and Construction Law for Virginia on
Q: Possible unlicensed contractor

Shoddy work, the floor is already coming apart and he will not answer my texts or emails about fixing it. He just finished the work in August. I do have a signed contract. He also cut electrical to my loft so now I have to hire someone to run electrical. I messed up because I did not ask if he was... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Feb 19, 2022

I agree with my colleague that you may have a civil claim under VCPA, and the Department of Professional and Occupational Regulation (DPOR) and your county permit and code administration enforcement office may get involved if the contractor had no license. But, most importantly, need to reach out... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Virginia on
Q: My grandparents passed away intestate years ago in Virginia. My mom & uncle, the only children of my grandparents,

Decide to move together into the home left by my grandparents . The home had no mortgages & they split the bills & taxes evenly.Switching the deed of the home over was done easily at the courthouse where my grandparents names were removed and their children's were added in their... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Feb 18, 2022

It all depends on the deed, it could go to your mom by right of survivorship, or after probate, either you mom buys out the heir(s) of your uncle or sells/partition. However, the best option is to take the recorded deed to the probate, estate, real estate lawyer nearest your mom to review and... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: Can I get out of a contract started on Feb 6
Shafeek Seddiq
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Shafeek Seddiq
answered on Feb 16, 2022

Show your contract to a lawyer near you to tell you if you can get out and how you can get out.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Is an unrecorded survey valid for a new owner when the purchase agreement used the original deed and description?

The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Nov 8, 2020

I assume the subject property is in Virginia, if so, then several issues are not clear. The two deeds were not changed. Not sure which deeds you are referring to. The person who sold it to you and the neighbor, I presume. Also, it appears you are saying the deed(s) describe line boundaries. Or the... Read more »

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3 Answers | Asked in Real Estate Law for Virginia on
Q: I need to know specific closing information if I'm buying a house in Virginia from out of state

I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Sep 19, 2020

I agree with my colleagues' answers above. I assume (since it is a cash transaction) that you most likely are or purchased it for investment which you may want to flip or receive passive income. And if you purchased a distressed property, a lawyer can also counsel on the best route and proper... Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Is it fraudulent for a renter who's using a voucher and allow her to pay the remainder?

I am renting to a person using a housing voucher in the state of Virginia'. We are asking &1750.00/mo. The program will only pay $1573 and the tenant has agreed to pay the remainder of $177.00. The issue is, the housing authority cannot know that the rent is higher than the monthly... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 24, 2020

I think you know what you should do and do not need someone to tell you. As a general rule is that if you feel uncomfortable to do something then do not do it. Alternatively, call a lawyer near you who will explain how this works.

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1 Answer | Asked in Business Law for Virginia on
Q: How do you get rid of an agent to a LLC who objects to the original purpose?

There is no operating agreement on file. However, there are official minutes and a general operational procedure over the years. The person acting as agent wants to take over the LLC and run it for the agents benefit. How can we enforce the original [purpose and remove the agent?

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 24, 2020

I suggest you talk to a lawyer and show the documents to determine the relationship of the agent (assuming you mean registered agent) with members and the LLC.

1 Answer | Asked in Real Estate Law for Virginia on
Q: In the state of va. If two people are on a deed do both have to sign to sell a house?
Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 14, 2020

Generally speaking yes, but it also depends on the relationship of the ownership. There are other methods by which owners of real estate (those on deed) can sign to sell the house. Call a lawyer in your area to review the current deed and will explain.

1 Answer | Asked in Contracts for Virginia on
Q: How well do verbal agreements hold up in court?

An older man who was a friend has told me since our verbal barter Arrangement that he has had a fantasy of dating me. Due to my uncomfortability about the situation I have declined to finish our barter Arrangement and he's telling me that I owe him $360. Do I legally owe him anything for hours... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 12, 2020

It sounds like you have an oral or maybe a written contract with this person. And after you started, he revealed his fantasy to you which made you uncomfortable to finish whatever is was you were going to. Now, he wants his money or remainder of his money. You may have some defense to... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Tenant refuses to pay half month rent because he is moving out in the middle of month. Is this allowed under COVID19?

Lease is terminating at the end of month.

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 6, 2020

I do not think there is any relevance of this non-payment to COVID-19, but I would suggest you see your lease agreement and what it says about leaving early and payment.

3 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a Landlord Lock a commercial tenant out without notice
Shafeek Seddiq
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Shafeek Seddiq
answered on Jun 30, 2020

I agree with Mr. Maloof and unfortunately those commercial lease agreements are written as such.

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2 Answers | Asked in Real Estate Law for Virginia on
Q: I have a home in Fairfax, VA that I paid almost 80% of the property, but I still have 15 more years to pay it off .

I want to refinance my house with a better interest rate but I am in my 70's and I want to leave the house for my children What should I do? I don't think they will qualify for a loan themselves, but if I do refinance they will definitely be able to keep paying the mortgage. What would if... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jun 10, 2020

Your question involves mortgage, real estate (deeds), and wills issues. You can certainly do any of the things you want, but to achieve your twin goals of leaving the house to your children and them being able to keep it by paying the mortgage may be achieved after you speak with a lawyer and... Read more »

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