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Questions Answered by Richard Sternberg
1 Answer | Asked in Criminal Law and Probate for Virginia on
Q: My bf is on probation and trying to move to Florida with my family and I. They denied him

They said his obligations weren’t met even though his job is down there. If him and I married would they make it a mandatory transfer because my family would turn into his family too

Richard Sternberg
Richard Sternberg answered on Aug 3, 2019

It might be a good idea to have him discuss this with his criminal defense lawyer. Either way, the issue will be decided by Probation or by the judge, and a local, informed perspective matters.

2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: Don't agree w/ proposed property distribution of dead parent. What happens if don’t sign Receipt 4 Personal Property?

Estate attorney is pressuring me to sign. Other beneficiary (also the Executor) likes the proposed distribution, so I’m the holdout. Jurisdiction is Fairfax, VA.

Richard Sternberg
Richard Sternberg answered on Jul 28, 2019

I agree with my learned colleague, Mr. Hart, but I think the slant he puts on it is a bit harsh. If you believe the distribution is unfair, why don't you start by buying a consult with a lawyer to review the Will, the Inventory, and the Proposed Distribution. Get an independent view on whether the... Read more »

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1 Answer | Asked in Real Estate Law for Virginia on
Q: I paid my rent twice in one month although the second payment came back insufficient funds, but this was back in March

No one from the rent office say anything and continue to take my current rent, then in June , which was 3 months later they tell me that they filed an unlawful detainer because I still owe for March, it’s almost august

Richard Sternberg
Richard Sternberg answered on Jul 26, 2019

I cannot understand from your posting whether the bounced check caused your rent to be unpaid or whether it was an extra payment. In any event, most leases provide for an additional rental fee for bounced checks, and it is not clear from your posting whether that was resolved. If, when all is said... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?

We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 4, 2019

You need to review the facts with a lawyer, but the law does not prevent someone from selling a home with problems such as mold. By listing a home "as is" and selling it without concealing the facts, a seller can seek a buyer who wishes to undertake a repair project or a renovation. The mistake... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: as tenant is common are closing checks issued seperately for the %

I'm on deed with sister but not on mortgage

She lives in house, I do not. Her % is 75, mine 25%

at closing how ill funds be distributed?

Thank you

Richard Sternberg
Richard Sternberg answered on Jul 2, 2019

Call the settlement office and ask. If you don’t agree with their answer, review it with your lawyer prior to closing.

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2 Answers | Asked in Probate for Virginia on
Q: transferring a deed

I have been paying the taxes on property of deceased uncle and aunt since 2009.

I am the great nephew. All my great uncle brothers and Sisters are decease,

his wife was an only child. They have no children, I have been paying for maintenance since 2004.

I have reach out to... Read more »

Richard Sternberg
Richard Sternberg answered on Jun 28, 2019

You need to consult a lawyer. Paying taxes and maintenance had no relationship to owning title. And, your entitlement to contribution depends on your record keeping and the statute of limitations. With a proper strategy, you might persuade the title owners to give or sell you title.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If you're moving at the end of the Lease, do you have to give two months notice to the Management Office, in Hampton,VA?

The Management office is saying I have to pay 2 months rent plus an additional $300($150 per month) because I didn't notify them 2 months prior that I'm not renewing my lease. HELP!

Richard Sternberg
Richard Sternberg answered on Jun 27, 2019

What does your lease say about it? Have you read it? Did you sign it? Are you in Hampton? Is the lease in Hampton? What's in Hampton?

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Does a seller have to complete and provide a property disclosure form for a renovated home that they did not reside in?
Richard Sternberg
Richard Sternberg answered on Jun 26, 2019

Most local realty boards have a form for disclaimer rather than disclosure. You still cannot lie about what you know or should have known, and painting over defects like mold is a major problem. But, if you disclaim and honestly answer that you don't know, there is usually no problem. Your local... Read more »

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2 Answers | Asked in Real Estate Law for Virginia on
Q: is it illegal for a real estate company to list a property on the MLS and then not allow prospective buyers to see it?
Richard Sternberg
Richard Sternberg answered on Jun 26, 2019

Not per se, but there are many additional facts that would make that improper. You should seek out a consult with an attorney if the opportunity is sufficiently valuable to you.

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1 Answer | Asked in Real Estate Law for Maryland on
Q: I think seller knowingly sold me a property that may have foundation or leaking basement problems

I just purchased my first home two months ago. I began to notice signs of water leaking into the basement after heavy rain storms. I think the seller was aware of issues and tried to hide it. Is there anything I can do or can be done?

Richard Sternberg
Richard Sternberg answered on Jun 24, 2019

You need to retain counsel for a review of the contract and the inspection(s). If there is evidence of a misrepresentation in the disclosures about the property or a latent defect known to the owner and concealed from the buyer, you may have a cause of action including punitive damages and... Read more »

3 Answers | Asked in Real Estate Law for Maryland on
Q: Can a primary borrower divest all interest in a property when they are not on the deed?
Richard Sternberg
Richard Sternberg answered on Jun 19, 2019

I think I already answered this question, but you really need someone to run a title search and clarify who is on what. From your question, I assume you are correct in believing that you are on the note but not on title. If you are asking whether you can divest of title, the answer is that is not... Read more »

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1 Answer | Asked in Real Estate Law for Virginia on
Q: If one of the heirs is refusing to sign or even get proper documentation to show who he is. And to prove he is a

Legitimate Heir then can I and the other sibling sell the home

Richard Sternberg
Richard Sternberg answered on Jun 19, 2019

File a motion asking the court to determine if he is an heir and a motion asking the court to approve your decision to sell the house.

1 Answer | Asked in Real Estate Law for Maryland on
Q: In a co signed mortgage, can the lead borrower legally divest all interest in the property?Lead isn't on deed.
Richard Sternberg
Richard Sternberg answered on Jun 19, 2019

Yes, but only by paying off the mortgage or getting the lender’s consent to a novation. I’m a little confused by your question, but you seem to be asking if you can co-sign a loan note and then be relieved of liability without paying off the note because you aren’t on the deed. Isn’t that... Read more »

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can I sell my decease father house if I am the administrator without having my siblings sign the paperwork as well.

Because the mortgage company lawyer says my name is the only one on it.

Richard Sternberg
Richard Sternberg answered on Jun 19, 2019

In Virginia, the title to the house passes outside of probate subject to recapture by the Administrator if the sale is needed to pay debts, including distributions. Your safest bet is to put on a motion and get the court to approve a sale. You can then sign for it.

An attorney would make...
Read more »

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2 Answers | Asked in Landlord - Tenant for Virginia on
Q: My ex and I broke up. I want him to leave. I just realized our landlord never signed our lease. Is our lease valid?

My landlord is willing to do whatever to get him out. Does this make our lease an oral lease?

Richard Sternberg
Richard Sternberg answered on Jun 17, 2019

The lease can be enforced against anyone who signed it, and it might be enforceable if the intent to have a signed, written lease is apparent on the facts, such as emails, endorsing deposited rent checks, etc.

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2 Answers | Asked in Environmental and Real Estate Law for Maryland on
Q: Is there a difference between water quality inspection and a well inspection?

Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop

Richard Sternberg
Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

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2 Answers | Asked in Real Estate Law for Virginia on
Q: My father passed away and his rental property is under water, what can I do?

He was supplementing the rent each month, we personally would like to short sale if possible. The current renter has a lease through December 2019.

Richard Sternberg
Richard Sternberg answered on Jun 6, 2019

You should sit down with a probate attorney for a consult. If your father's only asset was the rental property that is underwater on its mortgage loan, and if the estate has no other assets that you'd like to protect, you might simply abandon the rental and let the lender foreclose. It isn't going... Read more »

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2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: When completing a irs offer in compromise, is vacant land considered real property?
Richard Sternberg
Richard Sternberg answered on Jun 5, 2019

The definition of real estate is land. If something is built on the land, it is developed real estate.

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3 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: Can the irs enforce a tax lien on a cash sale for property?
Richard Sternberg
Richard Sternberg answered on Jun 5, 2019

The form of payment won’t matter if the IRS has put a proper lien on the title. You can’t close without paying off or bonding it off. Nobody will insure that title, and the buyer will be quite upset if he buys without a proper closing and then learns that the property has gone to a tax sale or... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Is a HOA responsible for cutting tree limbs hanging over owners property, where tree is on HOA property?
Richard Sternberg
Richard Sternberg answered on Jun 1, 2019

It depends what your HOA covenants, declarations, rules, and, sometimes, subsequent carried motions say about the issue. It is very important to read and understand them. A lawyer can help you do that.

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