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West Virginia Contracts Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I have P.O.A. for my son, and I am conservator for him. We want to sell his house and need advice.

Does power of attorney, which was obtained before the conservator ship, allow me to sell this property?

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

The power of attorney was revoked by the Order of Conservatorship. You must petition the Court to sell the Ward's real property with the proceeds to be used for his benefit. Hire a competent attorney to handle this Conservatorship proceeding. A Guardian Ad Litem might be appointed here.

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: How does a cash sale work on a for sale by owner home, selling AS IS?

I own a home in WV outright. I have it listed AS IS for sale by owner online and someone gave me a cash offer. I inherited the home and I have never bought or sold a house so I'm not sure how this works. What steps do I need to take to go through with the sale and how do I protect myself... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 16, 2019

The first step you take is to hire a lawyer to advise you before you screw up this deal for good.

1 Answer | Asked in Contracts for West Virginia on
Q: If you sign your car title but include a bill of sale that states they are to make payments with a witness signature.

If they fail to do so can I use my copy of bill of sale to get my car back if they did not pay according to our agreement via text, bill of sale, and verbally

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

No. The car is gone. Why? Because the title to the car now proves the car belongs to the person you think you sold it to; the signed promissory note merely will allow you to sue them for the money they owe. Why on earth did you give them a good title?

1 Answer | Asked in Contracts and Real Estate Law for West Virginia on
Q: I'm interested in selling, on installment payments, vacant land in West Virginia that I own outright.

I would prefer to use a Land Contract with installment payments specified and a forfieture clause defined. The land contract would not be recorded. Conveyance would only occur after all payments were made as defined in the contract. If the Buyer defaults on the contract due to non-payment, is a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

Unless West Virginia is way behind the times you should know that the use of unrecorded land contracts (a/k/a contracts for deed) for the sale of land owned free and clear are getting more and more rare--probably because the land buyers of today are becoming smarter and smarter. But hey: if you can... Read more »

1 Answer | Asked in Contracts for West Virginia on
Q: I live in West Virginia and have a title loan in Ohio. My fiance's name is on the title. I got a loan she didn't know

They told me they didn't require her to be there or sign anything. She called them and told them she didn't agree or know about it. Now they refuse to talk to her about the account. What can she do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 5, 2019

She can get on a computer and ask these questions herself.

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