Get free answers to your Real Estate Law legal questions from lawyers in your area.
answered on Jun 5, 2019
The definition of real estate is land. If something is built on the land, it is developed real estate.
answered on Jun 5, 2019
The IRS has a motto: "We've got what it takes to take what you've got".
Practical response: IRS has filed a lien on property; the Owner sells it to Buyer and Buyer pays Owner cash. IRS isn't paid. The lien remains on the property and IRS can file a suit to take... View More
This case is about the sale of a house in Fairfax County.
answered on May 31, 2019
The answer depends on place, date, and type of service. It also depends on what you mean by “respond.” Part of the Answer you seek may be printed on the Summons, but it is very easy to get the wrong and Virginia Courts are very serious about defaults. Schedule a consult with a local lawyer to... View More
In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time... View More
answered on May 30, 2019
You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are... View More
Real Estate law
This involves the sale of a house, and the seller has yet to get paid! It's located in Fairfax County.
answered on May 29, 2019
I presume you mean some kind of litigation, not a sale and settlement of property.
What kind of case? How many parties to it? What are the issues the court is trying to unravel?
There is NO 'average', and the answer is dependent on too many factors to go into here.
answered on May 27, 2019
It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.
Can a real estate investor offer these contracts to the seller and the buyer just as long as the contracts are legal and the investors has a title company or attorney to look over the contracts to approve them.
answered on May 16, 2019
Lawyers don’t “approve” contracts. They review and advise their clients on the legalities of their dealings. After the advice, the contracting parties remain responsible for their choices, though they might have a claim against the lawyer if his advice was malpractice. If what you are doing... View More
Before the first court date of a unlawful detainer?
answered on May 11, 2019
The landlord would not dismiss the case because the landlord still wants the return of possession of the property from the tenant and can only get this by a judge who orders it.
She never had it put in her name.
answered on May 11, 2019
If you were in my office I'd have a series of questions, beginning with "HOW did your mother 'leave' the house to your sister?" If it was willed, and the will recorded at the courthouse, then you do not have a right to it, and title to the property is in your sister... View More
If all rent that is due , paid before the court date?
answered on May 10, 2019
Generally, if the tenant pays all the back rent (and other costs and late fees) before the unlawful detainer's first court date and the tenant gets a written agreement with the landlord that the landlord will dismiss the case, then the unlawful detainer will stop. Otherwise, the unlawful... View More
Mother put martial residence in quit claim before her death. Father has a lien on him. Will lien affect distribution of residence upon father's passing? Follow-up. Mother's trust states: In planning for our individual estates my husband and I have made a division of our jointly held real... View More
answered on May 9, 2019
I have no idea what you mean by putting property 'in quit claim'. So I don't know how the property (Marital residence) was owned. If your mother owned the property at her death, and was still married to your father, he got rights to the property either under her will or intestate... View More
Live in Fairfax county. This is a fairly modern building, run by a management company. The building charged numerous fees--move-in fee and amenity fee--so I would lose over $1,000 there. However, the noise complaints came from loud neighbors at midnight and 1am next to my master bedroom. If this... View More
answered on May 8, 2019
This is actually a Landlord Tenant issue. And there are provisions in your lease that affect it.
And it's a very very tricky problem. Management can't tell you precisely what they've done on your complaint - privacy works several ways. And even if they took action, it will... View More
Our agent assured us the VA appraisal would surely cover difference. VA app. 325k. Is the buyer legally obligated to pay what they offered?
answered on May 7, 2019
You need to read the contract, but I believe the VA rider is conditioned on the VA appraisal.
We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she... View More
answered on May 5, 2019
Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.
My tenant is month to month. Our original lease ended 30 months ago. While the lease mentioned 60 days notice, now that it’s month to month, I assume I only need to give 30 days. He wants me to repair the broken windows and back door. I want to wait until he’s gone. Do I need to fix them before... View More
answered on May 6, 2019
You need to consult with a local lawyer, because county and city codes matter in landlord-tenant. Then, the lawyer needs to read the lease with particular attention to the Holding Over and Notice clauses. In Virginia, the lease will be read fairly strictly as written unless it violates local... View More
Neighbor also has fence 14-18 ft on our property looking for virginia code that is survey stakes ann corner pins
answered on May 3, 2019
You have a boundary line dispute. The longer you wait to file suit is the longer you acquiesce to the other's asserted boundary. Hire a competent attorney now to perform two title searches, possibly a surveyor or the boundary line only, and file and serve the suit. You will lose because of... View More
Can he claim adverse possesion on my property? He says he mows it so grass doesnt get on his fence. But i dont trust him i was renting the house for 4 years and i just bought the house from my land lord in February 2019
answered on Apr 22, 2019
Adverse possession can be remembered reasonably accurately with the acronym POACH. To achieve adverse possession, the bar against landowners pleading to protect their property, the adverse possessor must POSSESS OPENLY ADVERSELY CONTINUOUSLY and HOSTILELY for the requisite number of years. I see... View More
My renewal clause: 4. Renewal: Tenant may renew this Lease for one (1) successive period herein referred to as the “Renewal Term" of one (1) year, if at all, by giving written notice of such renewal at least sixty (60) days prior to the expiration of the initial term. Said renewal to be... View More
answered on Apr 22, 2019
Based on your lease contract, tenant has a right to renew for another 1 year term if tenant gives landlord written notice at least 60 days before the end of the lease term. If no such notice is given by the tenant, the lease converts into a month-to-month lease by operation of law.
Sent email to landlord who lives overseas. Had house inspected by professional service. After reviving email notification, Landlord contacted me by phone. I told her the quoted cost ($1675) for the house exclusion work including 2 year warranty. She said to deduct cost from rent but send a copy of... View More
answered on Apr 21, 2019
You can contact the Fairfax County General District court and ask them about filing a Tenants Assertion.
Zoning enforcement just said the property is in violation of zoning because the owner does not have the proper permit to divide a single family home into a duplex. Can i get my deposit and rent money back? The owner doesn't want to end my lease.
Do I have good grounds to file a... View More
answered on Apr 7, 2019
If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.
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