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Virginia Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Civil Rights for Virginia on
Q: Recent property by shared well other owner turned water off and won't turn back on what are my options

There has not been any easements recorded but when you look at the text information it shows a shared well. The water was on when I was looking at the property but has since been turned off. I'm wondering the cost of having to get an easement. And are there any damages I can recover because... Read more »

1 Answer | Asked in Criminal Law and Real Estate Law for Virginia on
Q: Illegal search and seizure?

My aunt and I own a home together. I live there. She never even goes there. She gave the police permission to search inside without my permission and opened the door for them when i wasnt there. Is this legal in virginia? This is my mailing address, I reside there. Not her. Was this illegal at all?... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Sep 20, 2022

You say she is a part owner of the home, so it sounds like it is probably a good search. If you have a signed lease entitling you to sole possession and she has no right to possess/enter/inspect then maybe you have something to base that claim on but it seems unlikely.

0 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: We placed an offer on a house asking for the seller to pay half of closing. They negotiated to pay $3000. We agreed and

Both parties signed. After the inspection we requested repairs and a pool inspection. The seller received the pool inspection and it was good and asked to not pay anything in closing. Can he go back to the agreed upon payments to get out of the sale if we don’t agree.

0 Answers | Asked in Real Estate Law and Small Claims for Virginia on
Q: My HOA management stopped debiting my account for the monthly HOA payments and did not notify me until a year later.

Long story short, I have lived in my condo since 2006, wherein I installed security cameras with permission of the then current management. In 2019, the new management began to send letters that the cameras were in violation. I responded several times, it would stop for 3 months at a time, no... Read more »

0 Answers | Asked in Business Law, Real Estate Law and Tax Law for Virginia on
Q: Can I sell real estate in Virginia under an S Corp registered in Florida?

Currently reside in Williamsburg, VA and have an S Corp established in Florida (used to live there but have recently moved recently). I'm looking at getting my real estate license in Virginia and setting it up under an S Corp or LLC was recommended. Instead of starting another S Corp I was... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Virginia real estate law. We are due to close on a home in 10 days. The seller was arrested for murder yesterday.

We have an agent, he has an agent, and a title company. We purchased title insurance.

We are concerned with the potential legal and financial ramifications that could come from this.

We have a repair addendum that will not be able to be done. Can we ask for an escrow of funds for... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 12, 2022

At least the seller, and probably his agent, knew he was looking at a murder charge, so he decided to sell and run. You might want to walk away from this as the victim's next of kin might file a wrongful death action and set aside any transfer of assets. Consult with a VA attorney for... Read more »

0 Answers | Asked in Estate Planning, Tax Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: In VA, can a hotel kick you out for "renovations" when you have lived there for 2 years and not giving another room?

She said that she would give us a little over a week to leave and that we can come back after renovations are done, however we don't have enough money to leave because we still have to pay for staying another week and she refuses to put us into another room. We do not have a lease, we pay week... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for Virginia on
Q: What legal actions can my aunt, brother, sister and myself take since we were the heirs to my grandfathers estate in Tx.

We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... Read more »

Richard Sternberg
Richard Sternberg
answered on Sep 8, 2022

Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... Read more »

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Virginia on
Q: When splitting up the money left in an estate, how do I take out judgements against beneficiaries paid by the estate?

I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Sep 8, 2022

Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.

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0 Answers | Asked in Real Estate Law for Virginia on
Q: If I am on a property lease, I pay bills on the property and have a key, can I be prevented from arriving to get mail?

I used to live at my mother's home before she passed, was on the lease and posted bills there. After her passing I inherited ownership of home but her boyfriend refuses to allow me on property to get mail.

0 Answers | Asked in Elder Law and Real Estate Law for Virginia on
Q: Can a person (mother) sell a home below market value to the executor of their will/person in charge of their money(son)?

A relative without computer access asked for my help researching the legality of their mother "selling" a home to the executor of her will. The person happens to have control of her banking as well. My relative is worried that his mother is being duped into selling her home while the... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: I want to convey my house to three grantees. I was told that I can do a Quitclaim deed.

Also, VA property code must be added the claim. Additional statement must include language that communicate if a party dies what happen to the property.

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Sep 6, 2022

It depends on how the three grantees will take title/ownership. But, most importantly, you need a lawyer to draft the deed to make sure everything is done properly.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Landlord refuses to cooperate with rental assistance due to tenant loosing hours from COVID. Trying to pay rent.

I applied for rental assistance my landlord refuses to cooperate with rental assistance ( church) and give W9 form for me to havey rent paid my husband lost job due to child care issues and I lost time due to covid. So I applied for help with rent but landlord won't cooperate with assistance.

0 Answers | Asked in Employment Law, Estate Planning and Real Estate Law for Virginia on
Q: Have you ever had a case where an email sent from one side to the other was the deciding factor in the outcome at trial?

Did someone lose a lawsuit because of an email that they sent to the plaintiff or defendant?

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do you have to do a move out inspection b4 someone else moves in? Doesn't this mean I get my full security deposit back?

My property manager was going on vacation from 9/1-10. He said he would do my move out inspection on 9/11 but the owners moved back in today, 9/2 and there are contractors there painting and changing stuff. Can he use pictures taken by the owners before the changes? Doesn't this mean he... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Q: Hello iam the beneficary of my mother's estate and it is in the will to sell her house and to split the preceding with

My 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 2, 2022

Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Q: My brother dad wants to buy a house for my brother but has a civil judgement against him. Can house be taken

He has already been pre qualified and both will be on the deed but only my dad will be on the mortgage

Richard Sternberg
Richard Sternberg
answered on Aug 14, 2022

You need to consult counsel before anyone signs an offer on a home. Depending on the circumstances, it might be possible to contribute funds to the purchase, but I don't know what "brother dad" means; I can't determine from your question who is on the deed and who is on the... Read more »

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Virginia on
Q: Is a verbal commitment legal in the courts.

My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 14, 2022

Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Am I obligated to give my girlfriend 50% equity in the home but it is in my name only after we break up

She has been writing rent on her checks and not mortgage.

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Jul 31, 2022

You need to see a lawyer who will learn more about the arrangements and understanding between you and your girlfriend, then advice, counsel and provide options. Or, it could be as simple as a memo on the check "for rent only".

Not a legal advice nor a an attorney-client...
Read more »

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