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Questions Answered by Shafeek Seddiq
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
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
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
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
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
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
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
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
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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1 Answer | Asked in Contracts for Virginia on
Q: In negotiations on a Bank held property. There have been a couple counter offers back and forth. We made the last offer

at 196,000 and the bank countered today at 207,000 which we sent back a counter of 200,000. They just sent back a response of we now have multiple offers..send your best offer. This property has been sitting on the market for a good while (I doubt there are other offers but) can we ;still accept... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Jun 3, 2020

Read the offer to learn the time period of the validity of the offer and make the counter or another offer before it expires.

1 Answer | Asked in Divorce and Real Estate Law for Virginia on
Q: Divorced and ready to sell home have agreement that it is ex wife’s property and ex has no claims to it is that enough?

I grew up in the home in question and per our separation agreement I got sole rights to this property once divorce was final now 2 years later, I have since remodeled and out grew my home so do I need to consult with my ex husband to sell or is my signed document that’s notarized enough to sell... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 23, 2020

First, your question assumes that the home was in both of your names. If so, usually the Property Settlement Agreement (PSA) will say that one spouse to convey title to the other. If that has not happened, then your ex husband may still be on the deed and he may be needed to sign documents. So, I... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

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Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read more »

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What happens if I don't pay the agreed settlement as a defendant?

I agreed to a settlement, but unfortunately I don't think I can pay. There are no penalties besides continuing to trial and a clause that says "In the event any litigation arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses incurred to enforce... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

Contract governs the agreement. So, if you default or breach, go to court and lose, most likely you will pay the additional cost associated with the matter. You should look at the clause(s) where it might say how to get out of it if you cannot pay or show this document to an attorney to help you... Read more »

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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Dear Esq: my daughter had to leave her off campus apartment after COVID19 cancelled everything. She and

her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 1, 2020

I agree with Mr. Maloof's answer so please take a look at the lease agreement to learn how force majeure is defined. Additionally, see if you can find a language something about laws or extraordinary laws preventing one from performing contract. In this case, it was the Government of Virginia... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: Visitor My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to

Visitor

My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Mar 28, 2020

I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser.... Read more »

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