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Questions Answered by Thomas H. Roberts
1 Answer | Asked in Real Estate Law for Virginia on
Q: Im 50/50 owner of my moms townhouse I want to sell the other owner doesn't, he agreed to buy me out bt his loan r denie

He promised a closing in Oct that never happened,I just want to sell my half and be done,

Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

You should try to work something out with the 50% owner. However, if you can't work it out, you may petition the court to sell the property and divide the proceeds - this is called a partition action. It is governed by § Va. Code 8.01-81 which reads in pertinent part as follows:... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: Is there a limitation on suing for physical assult?

I was assaulted by officers on two occasions, reported it both times, but nothing came of it.

Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

2 years. Va Code § 8.01-243 states in pertinent part, "Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, ... shall be brought within two years after the cause of action accrues."

Claims for being...
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1 Answer | Asked in Personal Injury for Virginia on
Q: in va can you subpoena the dog owners for their homeowners insurance if they will not turn it over?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

It is almost always best to hire an attorney!

To answer your question -- information regarding homeowners' insurance is obtained through a request for production of documents as opposed to through a subpoena in litigation against the homeowner if the homeowner is a party. If the...
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1 Answer | Asked in Personal Injury for Virginia on
Q: What do we need to do to not be liable if someone sues?

Mother passed away, my brother, sister and myself are co-adminstrators of house which has no mortgage. My brother would like to buy the house & pay off me and my sister. Currently he cannot get a loan. My sister and I are OK to let him live in the house, but my sister and I do not want to... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

First - obtain insurance. Second, act as reasonable persons to insure that the property is safe. Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances of this case. With regard to property, the common law requires... View More

1 Answer | Asked in Products Liability for Virginia on
Q: Does a contract agreeing to purchase a foot product supersede the doctor's failure to diagnose the real problem?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

No. A contract will not change the following analysis.

A doctor has a duty to use the degree of skill and diligence in the care and treatment of his patient that a reasonably prudent doctor in the same field of practice or specialty in this state would have used under the circumstances of...
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1 Answer | Asked in Contracts for Virginia on
Q: A contractor flooded my entire home and is not taking care of all damages and cost. What kind of attorney do I need?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

An attorney that handles litigation should be able to handle this matter. The first issue is to establish liability - that the contractor is actually at fault or responsible for the flood. The second issue is to determine the value of the damages. The third issue is to show that the damages... View More

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