I'm selling my property in 2 weeks, Unison is using their home appraisal valuation to end the agreement vs sales price which is about 60k more than the sales price. So we are required to pay them the additional value even though is not what we are selling the home for.
answered on May 23, 2023
A sale of real property in Virginia must be in writing to be enforceable. Both the seller's and the buyer's rights and responsibilities are determined by reference to the written contract. The standard Realtor/Multiple Listing Service contract in Virginia includes provisions dealing... Read more »
This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost
answered on Mar 5, 2023
A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... Read more »
This is in reference to joint account I have with my child's father. It was also mentioned that I was a non resident on form as my address is in MD. and his in VA. Funds was garnished from account for a debt he owed dating back to a timeshare he acquired almost 20 years that I have no ties to... Read more »
answered on Mar 2, 2023
If you have received a "Summons to Party to a Joint Account," it means that a creditor or debt collector is trying to collect a debt from your joint account with your child's father. Here are some steps you can take to prepare:
Review the summons carefully: Make sure you... Read more »
After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?
answered on Feb 10, 2023
The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.
Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud.... Read more »
I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... Read more »
answered on Dec 22, 2022
You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... Read more »
I am aware that they typically do not like to file these for things other than real estate. Also, is there is an equally sufficient alternative (like a security backed loan), which may be more readily accepted?
answered on Dec 21, 2022
I'm not aware of any mechanism that would permit you to file a general promissory note in the Clerk's office unless it is associated with an enforcement action as part of a claim. If you have a security agreement with the debtor or sufficient language in the promissory note, you may be... Read more »
I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... Read more »
answered on Dec 9, 2022
Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... Read more »
I have invoice and proof of paying with a cashier's check. He is trying to defraud more people and he blocked me on facebook when I told people he was a scam.
answered on Nov 3, 2022
If the project was in Virginia, you could sue him in Virginia, but you may need to register the judgment in Ohio (or where ever the contractor is living) to enforce the judgment. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.
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 »
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 »
I currently have my brother and his family residing at my home in preparation for me to leave on deployment since my spouse refuse to take care of the house. My brother is the POA for me while I'm away, however do I need to have additional documents saying I allowed them to live there.... Read more »
answered on Aug 8, 2022
You should provide to him a document expressly authorizing him to stay in your house to care for the same.
Here's some old Virginia law: "One joint tenant, co-parcener, or tenant in common, although he has a right to the possession of the whole against strangers, cannot make a... Read more »
I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks... Read more »
answered on Aug 6, 2022
HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.
The response above is a... Read more »
I got a car in Mar 2014. The car broke down Aug 2014, almost killing me so I gave the car back to the dealer. They put a judgment against me in 2015 that I knew nothing about, I was never served! Now there is a garnishment case Dec 2022! What can I do? Can I even fight the judgment anymore? I’m... Read more »
answered on Aug 6, 2022
If the judgment was obtained without proper service, then you may ask the court to declare it void, in violation of due process. You should go to the clerk's office where the judgment was taken, and examine the file to see how service was reported. If for example it says they served you at... Read more »
Submitted a physical lease prior to the expiration of my previous lease and was later informed that the property manager "did not accept paper leases" so I was charged several hundred more for the next month's rent because I had been transferred to a month-to-month... Read more »
answered on Jul 15, 2022
That sounds like nonsense.
You may want a lawyer to help you. I would suggest a 'tenant assertion' to have the court declare that a lease exists and you are due refund/credit/lower rent payments on the lease. You would file the assertion in the General District Court for the... Read more »
I've been served warrant on credit card that was opened online and payments stopped more than 3 years ago. This account was opened by my ex husband in my name but I can't prove this. Statute of limitations would be easier.
answered on Jul 7, 2022
I assume you mean a warrant in debt, which is a contract-based claim in general district court. First piece of advice is to absolutely appear and ask for a trial to dispute the debt. Second, in Virginia, you have the right to request all the documents that gave rise to the debt. This is called... Read more »
In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.
In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »
answered on Jun 28, 2022
You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »
The company is a subcontractor under a Prime Contractor who provides medical disability exams for Veterans Affairs. The company claims that the Prime didn't pay them for those particular services, and therefore they are not obligated to pay me for those services either. They haven't... Read more »
answered on Jun 7, 2022
Yes, you have a few options: 1) send them a demand letter threatening a lawsuit if they don't pay you; or 2) pass on the letter and simply fie a lawsuit. Before doing either, I'd check to confirm that your agreement does not have any language in that conditions your payment on payment... Read more »
So my question is about the working contract that I have signed! I'm a home inspector in VA, working
for a franchise company. I have signed a non-competition and non-solicitation agreement with them that I cannot compete with them for two years after signing this... Read more »
answered on May 12, 2022
It really depends on the the specific terms of your prior agreement. Some non-compete provisions are not enforceable, but it really depends on the details. If you decide to retain a lawyer to assist you, I'm sure anyone who responds would be happy to help. Good luck.
from low wage employees and at the time of signature, I was low-wage, but upon termination a year later i wasn't, can it be enforced? and, if the Non Compete states the following... is that a 5yr employment contract?
7. Term. The time period during which information shall be exchanged... Read more »
answered on May 28, 2023
You are seeking specific legal advice on a forum that offers general legal opinions and explanations about the legal process. More information will be needed for an opinion. This is an employment law/contracts question, as you know. You need to consult an attorney in your local area that practices... Read more »
There is no early termination provision in my contract. It is an agreement to salary and terms. I am concerned about "breach of contract" if I accept the better job offer. Thank you!
answered on May 22, 2023
Its great that you are thinking about this before an issue arises. The only way to fully answer your question is to review the contract. There may - or may not be - restrictions on your actions.
I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing
answered on Jan 16, 2023
Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.
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