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Virginia Contracts Questions & Answers
0 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: I have to hire an attorney. What are the steps to move EMD on a failed sale in ALex VA from settlement co. to courts?

I have to hire an attorney soon hopefully if there is a flat fee attorney out there to help me get the EMD on a failed sale contract where buyer backed out on a as-is sale. EMD is not much, but meanwhile what are the steps involved where a settlement company can be forced (not cooperating) to move... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Insurance Bad Faith for Virginia on
Q: I'm in a complex case and may need to join both insurance company's under new laws of bad faith vs at fault driver.

My insurance company did not do due diligence, withheld repair quotes that meant my car was not a total loss. Told me could only provide rental for 1 week after low ball offer, that they never corrected.

At fault drives ins company used "policy limits" to not pay, increasing my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. It sounds like you are dealing with an adversary with very low policy limits. If that's the case, you could explore your own policy's underinsured motorist provisions or look into viability of filing... View More

1 Answer | Asked in Contracts, Criminal Law, Civil Litigation and Small Claims for Virginia on
Q: Does a dollar value have to be added to a Warrant in Detinue, if I do not want money?

I'm needing to file a warrant in detinue for the return of my cat. Is it true that in small claims the dollar value is limited at $5000? and what if I do not want to give the person the option to pay $5000 and keep my cat. The only thing I want back is the alive living cat, not money to... View More

Brian M. Latuga
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Brian M. Latuga
answered on Sep 28, 2024

You’d want to file an action in Detinue, not a warrant in debt. The detinue action is for return of personal property.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

1 Answer | Asked in Arbitration / Mediation Law, Contracts and Real Estate Law for Virginia on
Q: Do I have to sign a dispute resolution and arbitration agreement before purchasing a house

Purchasing a modular home in Tennessee to be delivered to Virginia. Seller wants a dispute resolution and arbitration agreement signed before. I have not see the house. They want me to sign something saying I am satisfied with it and nothing is wrong. Can I get out of signing this

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2024

A Virginia/Tennessee (???) attorney could advise best, but your question remains open for three weeks. Applicable laws aside, as a general matter, an attorney would probably want to take a look closer at the agreement to advise - geography, distances involved, reasonableness of ability to inspect,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I've overpaid my rent for 6 months . They want to credit my account but I want a check.

This has happened to me before in this same apartment complex. Help.

Daniel P Leavitt
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answered on Sep 13, 2024

It is unclear how you overpaid rent. You should be able to get a check. I would submit a request for a check in writing making it clear you do not authorize them holding your money as a future credit. You may want to talk to an attorney if they refuse. I don't think they can do that unless... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.

Does the lessee typically write off those expenses?

I received a 1099-NEC accounting for the... View More

James L. Arrasmith
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answered on Mar 29, 2024

When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
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answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

1 Answer | Asked in Contracts for Virginia on
Q: Membership cancellation

I am a member of a local organization. I sent a request to cancel my membership on November 27, 2023, and they sent me a form to fill. Due to some personal issues I did not return the form until December 18, 2023. My understanding was that I was supposed to give a 30 day written notice which i... View More

T. Augustus Claus
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answered on Jan 18, 2024

While the organization's policy specifies a 30-day written notice for membership cancellation, it's crucial to consider the language of the policy and how it may be interpreted. In your case, you initiated the cancellation process by sending a request on November 27, 2023, and... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: In spotsylvania Virginia can I use in person recording between me and used car dealer as evidence without his consent

He fails to provide me title within 30 days

T. Augustus Claus
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answered on Jan 18, 2024

In Spotsylvania, Virginia, the rules regarding the admissibility of in-person recordings without consent may vary, so it's essential to be aware of state-specific laws. Virginia generally follows a "one-party consent" rule, meaning that as long as one party to the conversation (in... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Mh roommates rental lease doesn’t say I can’t sublease and they never answered my call on it when I asked them twice.

If they’re not answering can I just sublease my part of the lease?

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I pay rent with someone since on lease but don’t live there and the company took echeck option off without telling me

Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More

T. Augustus Claus
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answered on Jan 4, 2024

It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Virginia on
Q: My question is about who's responsible for a debt related to the sale/purchase of a house in Virginia.

My wife and I bought our house in June 2022, and provided a check for the remaining propane ($750) which should have been given to the sellers. The seller's attorney misplaced the check and is now saying, almost 18 months later, that it's our responsibility to remedy the situation by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 21, 2023

The question is whether the check cleared your bank. If it did not, you never paid the debt. If it didn't clear, you still owe the money.

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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1 Answer | Asked in Banking, Consumer Law and Contracts for Virginia on
Q: Long story. I cos-sign for a car. Some how they switched ot to make me principle buyer. Car payment 2 1/2 months behind

No tax paid since car was bought. Caused a stop fee on my dmv record. No insurance on vehicle and tags is no good since February 2023. Loan company said I can do a volunteer repo bust I must bring it in. The other signer refuse. What can I do please help.

James L. Arrasmith
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answered on Nov 13, 2023

In Virginia, if you find yourself incorrectly listed as the principal buyer on a car loan you cosigned, you should first review the loan agreement and any related documents to understand how this change occurred. If there's evidence of a mistake or fraudulent activity, you may need to dispute... View More

3 Answers | Asked in Contracts, Civil Litigation, Domestic Violence and Legal Malpractice for Virginia on
Q: If a lawyer promises to see your case through to the end are they obligated to?

Handshake was given

Joel Gary Selik
Joel Gary Selik
answered on Oct 25, 2023

No. Attorneys may be allowed to withdraw from a case in most circumstances.

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