I have a contract to purchase a residence and the seller passed away a week ago. Do I have any legal way to enforce this contract as her son is harassing me and saying the contract is void and that he is going up on the price etc.
Is the contact still legal and can I purchase for the... Read more »
There are several ways this can still happen, but you'll need a good experienced real estate lawyer to help. There is a statute that applies to pre-death contracts (64.2-523 - here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/) but you really need the help of a...Read more »
I agree generally with Mr. Sternberg. However, if the mobile home is titled (likely as it's in a park) then there may be a process with DMV where you, as sole heir, can get title. You can then sell the mobile home IF YOU WANT TO. There are several moving parts to this and a lot of ways you...Read more »
Have you consulted an experienced lawyer? There are a lot of considerations that many people don't know, such as the answer to your question. At least once a month I save my clients a lot of money - a multiple of my consultation fee - because of those details.
They entered the nursing home and is on disability therefore Medicaid can not include it as asset, as I stated he is not interested now in continuing to stay after dad passes I don't want to lose my parents home my question is IF he decides after our Father passes not to remain in the home and... Read more »
That your brother was on disability and living in the house is (1) a detail not in the original question and (2) an exclusion from Medicaid recovery and spend-down for care. However if he vacates then the house loses the protection and may have to be sold.
The family home which he has moved into already the home still has a mortgage for 8 more years he is already struggling 6 months in to it if he walks away from it and my dad passes and I assume the home can my brother come and take it from me.
There's a whole lot more to your problem than your brother moving into the home. What does the deed to your parents for the home say? Was the property in survivorship (tenants by the entirety)? Your father is in a nursing home; how is his care being paid? Is he on Medicaid? If so, he owns...Read more »
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 »
I agree with Mr. Seddiq's response. There's a lot of important, basic, information missing from your question. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer....Read more »
Your question is not clear. I assume you have an existing mortgage, held by company "A". You have now been told that the loan is held by company "B". If that is the case, then no, "B" doesn't have to file a new deed of trust (or anything else for that matter)....Read more »
Don't let them do anything without consulting an Elder Law Attorney. It is possible to keep the house (and the equity) if handled correctly. There are a lot of 'hidden' methods and a competent Elder Law Attorney can be a big help. You can find one by going to the Virginia Academy...Read more »
You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it...Read more »
Do I also need to hire a lawyer or can I sign the contract from my cousins lawyer and be done? He is obtaining a mortgage which is part of the contract. No one else has ever owned this property besides my mom. She does not live there and I have power of attorney to sign contracts, including real... Read more »
You asked this question twice - here's my answer to the other version:
You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal...Read more »
I already have renters ins that meet their requirements from my auto ins. They offer it through a specific company but I would like to keep my own without paying them an opt- out fee. Is it legal to force a rebtal company on me?
I had to look it up, and was dismayed and surprised to see that the landlord can charge an 'opt-out' fee - see Virginia Code 55-1206 A, here: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1206/
My sister has drafted a home made eviction notice and is stating I need to leave the home within 30 days according to Virginia law. Both of our names and two other siblings names are on the deed. She is also claiming there was a verbal agreement that while she moved into the home, that no other... Read more »
Mr. Sternberg is correct - all 4 of you own the house together and equally. This is called 'tenants in common' and you are 'co-tenants'. No co-tenant can prohibit another co-tenant from using - and living in - the property.
You may have to partition the property - and...Read more »
We were just notified by a realtor our landlord wants to sell their house. Of course, we’ll try to work out an amicable purchase price from our landlord, but he believes his property is more valuable than the current market dictates. What should we do to in the interim to protect ourselves... Read more »
Your rental agreement is for more than a three year term, and so to protect your interest it should therefore be 'recorded' in the Clerk's Office of the Circuit Court for your where you live - to do that it needs to have a notary which I'm betting it doesn't.
I had a house guest that overstayed their welcome. They signed a 30 day eviction notice and left without argument. However, they left items in my house that take up space I need to use. I made arrangements to be home for them to pick up the items and they didn't come. I've given them a... Read more »
While you could simply dispose of it, you run the risk of a judge seeing things differently and making you pay for the extremely valuable stuff (which you never saw) the 'guest' claims was left in the house. Instead as this happens fairly frequently, I have a suggestion which costs a...Read more »
I am interested in buying a property that does not have a deeded access. There is a private road connecting it to a county road. The listing agent says that road cannot legally be blocked, denying me access to the property. If this is true I want to buy the land. When I was shopping for a... Read more »
Mr. Sternberg is correct - except I'd hire a real estate lawyer to advise me, NOT a title or settlement company who cannot give advice or interpretations of documents. Your contract should be written such that you have or will get INSURABLE ACCESS to the property and that YOUR LAWYER must...Read more »
An acquaintance let us know that hey would like to sell their house and move. We are buying connected property already. She has not listed it. Can someone tell me in simple terms, how this would need to be handled legally in Virginia? Also, we would be buying it outright in cash. Thank you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.