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Virginia Contracts Questions & Answers
1 Answer | Asked in Contracts for Virginia on
Q: How well do verbal agreements hold up in court?

An older man who was a friend has told me since our verbal barter Arrangement that he has had a fantasy of dating me. Due to my uncomfortability about the situation I have declined to finish our barter Arrangement and he's telling me that I owe him $360. Do I legally owe him anything for hours... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Jul 12, 2020

It sounds like you have an oral or maybe a written contract with this person. And after you started, he revealed his fantasy to you which made you uncomfortable to finish whatever is was you were going to. Now, he wants his money or remainder of his money. You may have some defense to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: My notice wasnt written so charging me 2 months rent. Is this legal?

Roughly 4-6 months ago I made an in person appointment to talk about the lease date and to tell them we were leaving on the lease date. Now we are just leaving and they are saying that we didnt provide a written notice, so they are charging me a "fee" equal to 2 months rent($3000) and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 29, 2020

The Virginia Code requires a "written" notice to be given by either the tenant or the landlord to terminate the lease. This is the law. It is probable that the lease provided for a "written" notice as well so if that is the case, you are bound by the contract.

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1 Answer | Asked in Contracts for Virginia on
Q: In negotiations on a Bank held property. There have been a couple counter offers back and forth. We made the last offer

at 196,000 and the bank countered today at 207,000 which we sent back a counter of 200,000. They just sent back a response of we now have multiple offers..send your best offer. This property has been sitting on the market for a good while (I doubt there are other offers but) can we ;still accept... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Jun 3, 2020

Read the offer to learn the time period of the validity of the offer and make the counter or another offer before it expires.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is my HOA responsible for the exterior of my home.

In Article IV section 2 B number 4 it states:

the board will provide for the repair, maintenance, and replacement of gutters and downspouts and exterior building surfaces.

However, they have met with a lawyer and have said they do not cover the replacement of :

siding... Read more »

Elizabeth Crego
Elizabeth Crego answered on May 7, 2020

Context is everything. There's no way to know what “exterior surfaces” means and how that affects liability your current situation in this case without reviewing at least that entire section of the governing documents, if not the entirety of the governing documents. These documents can be... Read more »

2 Answers | Asked in Contracts, Criminal Law, Admiralty / Maritime and Federal Crimes for Virginia on
Q: How can I be put under a law that I wasn't charged or sentenced under

I was given a plea bargain in 2003 the law was changed in 2005 which is a harsher punishment

Daniel P Leavitt
Daniel P Leavitt answered on May 7, 2020

You can't.

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1 Answer | Asked in Contracts, Estate Planning, Arbitration / Mediation Law and International Law for Virginia on
Q: How can I find out if I have been a victim of power of attorney fraud?

My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.

Tim Akpinar
Tim Akpinar answered on May 6, 2020

Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent... Read more »

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Virginia on
Q: Breaking Lease Early due to assault

Not too long ago, my roommate, girlfriend, and I were attacked on our front porch by a neighbor in which we do not know the name of or where they are in the neighborhood. We then filed assault and informed the landlord. Since then, this neighbor has stalked me constantly as I’ve noticed him when... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 29, 2020

Step one is a lease review, and a lay person review isn't the same as a lawyer review. But, if you are certain that you have no alternatives there, the next step is to negotiate a termination with the landlord. The fact that a third party unrelated to the landlord has threatened you is... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

.

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read more »

2 Answers | Asked in Contracts and Civil Litigation for Virginia on
Q: What happens if I don't pay the agreed settlement as a defendant?

I agreed to a settlement, but unfortunately I don't think I can pay. There are no penalties besides continuing to trial and a clause that says "In the event any litigation arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses incurred to enforce... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

Contract governs the agreement. So, if you default or breach, go to court and lose, most likely you will pay the additional cost associated with the matter. You should look at the clause(s) where it might say how to get out of it if you cannot pay or show this document to an attorney to help you... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: My daughter put in an "intent to renew" form on her apt. The company says the form is a new lease. Is that accurate?

The current lease does not expire until July 31, 2020, but the leasing office is telling her she has to sign. I was the guarantor on the current lease, but have not indicated I plan to again, but they are also telling me I have to sign.

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2020

Without reviewing the entire lease as to its terms and conditions as well as the rights and obligations of all the parties, I cannot provide an answer. Just so you know, I charge $375 an hour to review leases and provide an opinion.

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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Q: Dear Esq: my daughter had to leave her off campus apartment after COVID19 cancelled everything. She and

her three roomates have paid their rent each month but now the apartment is empty (3 roomates also left -entire town is deserted). I have recently read about the 'force majeure'. With all the death going on everywhere and in that town as well, is this such an event? The students are... Read more »

F. Paul Maloof
F. Paul Maloof answered on Apr 1, 2020

The legal definition of "force majeure" is an unforeseeable circumstances that prevents someone from fulfilling a contract. Generally, a pandemic is not an unforeseeable circumstance since they have occurred many times in the past. Unless the residential lease provides that a pandemic is... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: Visitor My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to

Visitor

My fiance and I have agreed to purchase a home in an unmarried status. My credit score was low so we decided to have the loan in his name. The home won't be available until June. How can I secure myself in the event of a breakup? We both put money in on the deposit. If he... Read more »

Shafeek Seddiq
Shafeek Seddiq answered on Mar 28, 2020

I assume have have not closed on the house. If so, then part of preparing closing documents is a deed which is basically a title, a document showing ownership to the property. Make sure your name goes on this deed. A lawyer will be drafting this deed to transfer ownership from seller to purchaser.... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Virginia on
Q: My fiance/I signed a contract to build a new home. We've both put monies down for the deposit. We are having major

issues. We knew that my credit score wasn't high enough to be on the loan and agreed to proceed. The loan will be in my fiance's name. If we break up prior to the completion of the home what are my rights as far as my share of the deposit.

Richard Sternberg
Richard Sternberg answered on Mar 11, 2020

Your rights need to be defined in a contract. Otherwise, both of you will have the right to pay one of my brethren and sisters lots of money to resolve it in court.

1 Answer | Asked in White Collar Crime, Contracts and Civil Litigation for Virginia on
Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?

My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.

I learned of the garnishment 2019 and filed a motion to set aside, proved I was... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 2, 2020

When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: New landlord is attempting to talk tenants into voiding their auto-renewed leases by signing new leases.

It is my understanding that a lease signed in Virginia prior to a new landlord taking possession of a property must be honored until said contract has expired. There are no other issues in dispute.

Is my understanding correct? Where is this stated in the VRLTA?

F. Paul Maloof
F. Paul Maloof answered on Feb 25, 2020

In Virginia, when there is an existing lease signed by a landlord and the tenant, after which the landlord sells the premises to a new owner/landlord, the new owner/landlord is obligated to take the premises subject to the terms and conditions of the existing lease, provided the tenant is not in... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

3 Answers | Asked in Landlord - Tenant, Consumer Law and Contracts for Virginia on
Q: Can the power company refuse a tenant power due to the manger and /or owner of the property owing a bill?

The power company here in VA took my deposit, gave me a date to turn the power on, didn't, then required a notarized lease and whereabouts of the previous tenants, even though I as the new tenant didn't know the previous tenant, I get all this documentation even after they still... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 10, 2020

This is an issue between you, the landlord and the power company, Lawyers cannot help you figure out how to get the power turned on. All we can do is advise you to solve the problem or leave.

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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Federal Crimes for Virginia on
Q: Court did not complete plea agreement. Plead guilty to misdemeanor instead of felony. Court processsed as felony.

More than one legal issue regarding the trial of case. However most important issue is the plea agreememt was to plea guilty to two misdemeanors instead of 2 felony charges. Just got a letter about not voting rights, so looked up charge online. Court said plead guilty to a felony. I have plea... Read more »

Shemeka C Hankins
Shemeka C Hankins answered on Feb 10, 2020

Sounds like it could be a paperwork error. You need to have a lawyer file a post-trial motion on your behalf to make sure the court's records are correct.

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2 Answers | Asked in Contracts, Criminal Law, Federal Crimes and Landlord - Tenant for Virginia on
Q: Can my boyfriend be evicted from a property for being convicted of a felony? There was nothing in the lease about it.

My boyfriend signed a lease on January 11 for a rental property starting on February 8th. The property is a condo with three other adult renters on the property. On January 27th he was convicted of a felony in North Carolina for Grand Larceny, this crime occurred over a year and a half ago and he... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 3, 2020

Assuming the credit application and the lease do not require a disclosure about a previous crime, he may not have to disclose it. I would need to review all the documents before I could tell you for sure.

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1 Answer | Asked in Civil Litigation, Contracts and Intellectual Property for Virginia on
Q: I am the real inventor of web cam covers for portable devices

I have a application on file and willing to name a co inventor for help with this huge law suit. Has to be a nice person and a patent litigation attorney. I'm truly the real inventor I proved that december 3rd 2019 my name begins with a c. This can be not only a big opportunity for me but a co... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 26, 2020

I regret that I am neither a parent litigation attorney nor an investor in such patents or inventions. Sorry.

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