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Virginia Contracts Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: My realtor & broker refuses to take our property off the market after we told them to. Is this legal?

We wanted to get out of our contract but they declined that. So we decided to take the house off the market. They then told us the house would remain listed until the contract expired. Can they do yhis

Ross Cameron Hart
Ross Cameron Hart answered on Oct 8, 2019

First you need to read the listing agreement you signed. Or consult a lawyer to review it and advise you of your obligations.

If you remove the property from the market, you may owe commissions and fees for early termination. And if they produce an offer that EXACTLY matches the terms...
Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and accumulated... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

1 Answer | Asked in Contracts, Employment Law, Real Estate Law and Business Law for Virginia on
Q: My mother passed away willing her home to my brothers. The will was notarized, but no witness on it. Is the Will valid?
Tim Akpinar
Tim Akpinar answered on Aug 18, 2019

I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those categories, or you... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: should I have to pay full rent when I don’t have full use of rental due to mold and unusable rooms for months?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2019

No, not unless the written lease agreement allows you to withhold part of the rent for reasons like this. However, your landlord is required to proving you with suitable living facilities and may be in violation of the lease. Consult a local landlord/tenant lawyer to advise you further.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Virginia on
Q: Family land since 1800’s in Surry Va. Want to stop unlawful sale.

What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for

F. Paul Maloof
F. Paul Maloof answered on Aug 11, 2019

Appeal the court's decision and ask for a stay of the order to sell.

1 Answer | Asked in Contracts for Virginia on
Q: We entered a contract to sell our home with no real estate agent. We were to close no later than June 20th Buyer was not

Able To obtain financing. We hired a lawyer to protect us . It has been over a month and we keep getting put off by our lawyer stating the buyer has to sign a release of contract and we cannot get this done unless we agree to not pursue the deposit which the buyer stopped payment on. Is this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

Most if not all FAIR real estate buy-sell contracts do NOT define the buyer's inability to find financing as a "breach" of the contract." If your contract is different you will still find it very hard to enforce it against the buyer; and making matters worse, in the meantime you may not be able to... Read more »

1 Answer | Asked in Consumer Law, Contracts, Energy, Oil and Gas and Small Claims for Virginia on
Q: MonPower refuses to start my service because the last landowner had a back bill. I even sent them a copy of my lease

Is it legal to deny me electricity for a stranger's debt?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

Pay the balance and then sue the deadbeat who...
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1 Answer | Asked in Contracts for Virginia on
Q: In Virginia, does a contract have to be written and signed? Or can the contract also be verbal or implied?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2019

Unless Virginia is unlike most states, there are certain kinds of contracts that MUST be in writing and signed, many others that do not have to be in writing or signed, and still others that can either be oral or in writing--depending upon what the contract covers and the needs and desires of the... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Can a vendor keep my deposit?

I paid a singer for an event a deposit, the amount was half the cost of his services. There was no form of contract or agreement created detailing services or if the deposit was non-refundable. About a week after he was paid, and over a month before the event, I decided I no longer needed his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

This sad incident should convince you--and perhaps teach others who learn about it--to ALWAYS get personal service contracts like this in writing, spelling out all the details. The singer is used to--and happy--to sign contracts; but the singer is probably much happier when folks like you give him... Read more »

1 Answer | Asked in Collections, Consumer Law and Contracts for Virginia on
Q: I hired a property manager for my unit in Puerto Rico. She collected the taxes for the Tourism company and was supposed

to file them for me. They say they have not received the forms or taxes. I live in the US mainland, Virginia. Is there a way I can get the records she says she filed or the money I paid her back? Thank you.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2019

If you and the property manager have a written contract you should look to it first, before doing anything. If you do not have a written contract you might be out of luck. But in either event you can always hire a lawyer licensed to practice in Puerto Rico to help you get the missing money back.

1 Answer | Asked in Contracts for Virginia on
Q: My 18 year old son recently signed a lease agreement and the lessor asked that I sign an addendum to guarentee his rent

I unfortunately did so. Now he is not paying his rent and I may be liable. I was never given a copy of the original lease or even given the opportunity to look it over prior to signing the adendum. Am I still liable?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

Sorry, but yes, you may be liable. Failure to read a lease is not a defense. Neither is not being given "an opportunity to look it over." This situation needs to be handled between you and your 18 year old son.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can a VA Condo Assoc.’s BOD purge information in an individual unit owner’s file w/o that owner’s knowledge & consent?

I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents dating... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend & neighbor;... Read more »

1 Answer | Asked in Small Claims and Contracts for Virginia on
Q: Received a warrant of debt for a repair but I didn't agree on the terms. Any way to fight the claim?

I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do not have the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on
Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison
Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on
Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison
Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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2 Answers | Asked in Contracts and Real Estate Law for Virginia on
Q: Are seller financing and lease option agreement contracts are legal in the state of Virginia?

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.

Richard Sternberg
Richard Sternberg 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... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Section 13 of lease agreement: "Liability of Landlord/Agent." Prospective tenant has crossed out two lines. Bad for me?

My prospective tenant has crossed out these two lines in Sec. 13 of standard lease agreement (VR Form 200, revised 7/18) : "Landlord and Agent shall not be liable for negligence or tort" and "Tenant hereby release landlord and agent from any and all liability and agrees to indemnify landlord and... Read more »

F. Paul Maloof
F. Paul Maloof answered on May 14, 2019

By agreeing to those strike outs, the landlord will be exposed to additional liability. You should not agree to those strike outs.

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1 Answer | Asked in Real Estate Law and Contracts for Virginia on
Q: Moved into an apt 7 days ago & made 2 noise complaints already. Can I break the lease w/out penalty if this persists?

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... Read more »

Ross Cameron Hart
Ross Cameron Hart 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 take them 2 or...
Read more »

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