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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: We bought mobile home title was in sellers name , land owner says mobile home belongs to them , that we cant legally own

The land owner Says that she has went to lawyer to get mobile home , but we bought it from title holder . What can we do ?

Richard Sternberg
Richard Sternberg
answered on Apr 5, 2019

You need to get a lawyer to read all the contracts. I've seen on TV that there is an ongoing scam in which landowners purport to sell mobile homes for extremely attractive prices, but the land lease on the property is where the landlord makes the money, and the landlord asserts a security... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I have a LL transfer over a lease to a property manager

Now the property manager is changing my locks what can I do? Ive paid my rent my lease isnt up theirs four months left. They keep harrassing me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 1, 2019

You question must be omitting several important details because it is not clear what is going on.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I purchased a rental property in Portsmouth that was already being leased. After closing the management company wants

me to pay a management buyout fee in order to receive prorated rent for march and the tenants security deposit. My closing attorney says we are not obligated to partner with them nor did I ever show interest having a management company. The management copy says the management contract transfers... View More

Richard Sternberg
Richard Sternberg
answered on Mar 24, 2019

Try filing a complaint with the Board. <http://www.dpor.virginia.gov/File-Complaint/>. Let the realtor’s broker know you are going to file before you do. You might get a check. If the broker has a problem, it is with the Seller, not you.

Reading an answer on the Internet does not...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: Do we have any days in which to cancel a contract for a timeshare, signed yesterday in the state of Virginia.
Michael Hales
Michael Hales
answered on Mar 26, 2019

Yes, I believe you have 7 days to cancel a timeshare signed in Virginia. Check your contract for exactly how to cancel and make sure you follow the procedure exactly. Speak with an attorney if you have any questions.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I signed a lease March 1 and paid rent and security deposit and was given keys and go ahead to move into the apt.

The LL has not signed the lease. Is it still a binding contract? They have not given me a copy of the lease nor give the gas company a copy so that the gas can be turned on. Now they want me to sign a revised lease. What are my rights?

Richard Sternberg
Richard Sternberg
answered on Mar 17, 2019

A lease can be enforced against anyone who has signed it. Sometimes, a separate document "signed" by the party against whom enforcement is sought can act as a signature on the unsigned lease, such as an email conveying the lease saying something like, "This is the lease I'm... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My intended owns property in Virginia with her son.

She wants to know if she can go to a Virginia court and sell it like in Delaware

Son has defaulted on a mortgage in Delaware and she wants to sell off property owned by both of them.

Richard Sternberg
Richard Sternberg
answered on Mar 16, 2019

The petition is called a Sale in Lieu of Partition. In Virginia, there is a Code provision that reimburses the legal fees out of the proceeds if the sale. Don’t let the son’s default destroy his mother’s credit. If they are tenants in common, the petition is routine, but a bit much for a DIY... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: ex-Husband died without a will but im co-owner on the home mortgage, can i sell this home

His current wife still lives there she will not speak to me at this time, can i sell this home?

Richard Sternberg
Richard Sternberg
answered on Mar 12, 2019

You need a lawyer to review title to the house, the divorce decree, and the mortgage note. You aren’t providing sufficient information in your question, but if you don’t own the house, you can’t sell it. If you own part of the house, you can usually file a Petition for Sale in Lieu of... View More

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can my vehicle be towed from a private property without notice?

My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?

F. Paul Maloof
F. Paul Maloof
answered on Feb 28, 2019

I do not handle car towing matters. Sorry.

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1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Virginia on
Q: Newly renting, Carpets smell like urine, 2 small babies in house. Owner refuses to replace them. What rights do we have?

Just moved in, site unseen unfortunately cause of military move. Carpets smell like strong urine. 2 small kids in our house. 3 years old and 10 months. The house was also filthy when we moved in and we had to pay ourselves to have it cleaned. Property manager said they nor the owners will replace... View More

Daniel P Leavitt
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answered on Mar 3, 2019

Check your rental agreement first and also see if the Virginia Landlord Tenant Agreement covers this situation. It may be something you want to retain a lawyer to investigate further as they can tell you what rights you may or may not have and also your liability if you choose to breach your... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother and I purchased a property in 2005. She put down $40000 for 25% and I as the “working partner” for 75%

We bought the property for $163,000 and it is was valued/appraised at $900,000 in 2017. I am the working partner and designed, renovated and work/live in the property everyday to add value. I would like to sell the property for about $1,100,000. My mother thinks she deserves the $40,000 off the top... View More

Richard Sternberg
Richard Sternberg
answered on Feb 18, 2019

It would be useful to have a lawyer read the agreement you signed. One of the benefits of the LLC form of business entity is its flexibility in capitalization and control. Absent provisions to the contrary, she is either a lender or an owner, not both with the same money. If she is a lender, she is... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?

With being out of the market and not familiar with Lynchburg, VA real estate Law. If I as buyer of a property am unable to fulfil the obligations of the contract by completing the purchase. Is there any risk that I face for being sued? Is there a precedent set that would be a set cost or is this... View More

Richard Sternberg
Richard Sternberg
answered on Feb 14, 2019

There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Virginia on
Q: How in the world do I get a 1991 map in order to prove I own land? I own a large piece of land ..

close to Tehran, Iran and the city wants me to provide them a map of that area in 1991 in order to prove my rightful claim. Is this legal, even in Iran??? I am living in the U.S. and need direction and advice on how to approach this. Please advise! Are they just being unreasonable or is this... View More

Richard Sternberg
Richard Sternberg
answered on Feb 11, 2019

You are going to need an Iranian lawyer.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate law

We signed purchase agreement to close on home by June 30 2017, they offered to let us move in early and rent until closing ?? The financing fell thru and We couldn’t get loan so never closed, never paid deposit. The buyer had put clause in contract that my husband and I overlooked that said not... View More

Richard Sternberg
Richard Sternberg
answered on Feb 9, 2019

You need a lawyer to review the purchase agreement and all subsequent correspondence. There is a decent chance that the damages are limited to the deposit, but, either way, you might just compute the actual damages and pay them.

2 Answers | Asked in Real Estate Law and Construction Law for Virginia on
Q: va-can poa demand "road impact fee" from owner's builder when not in documents.

Nothing in our documents re this-private roads easement across res lots.

Richard Sternberg
Richard Sternberg
answered on Feb 8, 2019

Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: who Owns the property of my mothers home

My mother had a mortgage she passed away in 2010 my father went to the courts and filed a real state affidavit he passed away in 2017 I became the Administrator of the estate I have two siblings and we are trying to sell the home the mortgage company would not except the real estate affidavit and... View More

Richard Sternberg
Richard Sternberg
answered on Feb 4, 2019

You desperately need a lawyer to assist you through probate, and the legal fees will easily be paid out of the sale proceeds from the house. This is a rather easy matter, and you are confused enough to lose the house in the confusion. If you have been appointed administrator of the estate, you need... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: Failure to protect client's interests; failure to exercise reasonable degree of care; failure to exercise ordinary care

Realtors licensed to do business in the state of Virginia failed to exercise fiduciary responsibilities to client; failed to protect client's interests, failed to exercise reasonable degree of care; failed to exercise ordinary care;

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2019

Those seem to be your legal conclusions as might some day be reached by a court after trial. Perhaps you should review the facts with a lawyer privately and ask questions about whether your facts meet those legal standards.

1 Answer | Asked in Real Estate Law for Virginia on
Q: In Virginia, what's the document (instrument) that'd let me take back a house sold on owner financing the quickest???

Just in case a buyer defaults.

Also, looking for a great real estate attorney that is investor friendly in the northern virginia area that does signing appointments and/or closings. Please let me know anyone you recommend.=!

Richard Sternberg
Richard Sternberg
answered on Jan 29, 2019

Well, it’s customary for lawyers not to solicit clients on a forum like this when answering questions, but the form you are looking for is a Deed in Lieu of Foreclisure, assuming you closed the take-back note correctly and the borrower will consent. There are many issues to consider in a Deed in... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: VA home purchase. Owners covered up defects, so that inspectors would not see them. What is my recourse?
Richard Sternberg
Richard Sternberg
answered on Jan 25, 2019

You should speak to a lawyer. Virginia law prohibits concealing latent defects, misrepresentation of real estate, and other consumer frauds. Damages can include three times the cost of repairs, attorneys fees, and other damages.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Signed contract on house. Days later, court approved pending ordered sale to someone else. What is my standing/options?

Entered into a sales contract before the pending hearing date for a court ordered sale (HOA forcing sale of a property due to past due HOA fees). Court approved the contract for another higher-offering buyer. (I was not included in proceedings) The contract I entered into was executed before this... View More

Vincent Gallo
Vincent Gallo
answered on Jan 20, 2019

If the contract that you signed was contingent upon court approval, then you were probably out of luck.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can heirs of an original owner claim a portion of land which was reserved from a deed conveying the balance of the land?

John Doe died in 1877, leaving 120 acres of woodland. The land was sold by special commissioner, the deed reserving an old burial plot, about 70 x 70'. The new owner sold the land in parcels, one of which included the burying ground. The land was sold and resold several times without mention... View More

Richard Sternberg
Richard Sternberg
answered on Jan 15, 2019

Of course, the heirs can claim title. In most circumstances, I would then reiterate the teachings of a professor of mine from Penn, and I'd say that any idiot can make a claim if they have a pen, paper, and the filing fee. Usually, prospective clients want to know if they can win, and can be a... View More

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