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Virginia Contracts Questions & Answers
1 Answer | Asked in Business Formation and Contracts for Virginia on
Q: Non-competition and non-solicitation agreement

Hi there,

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 »

Steven Krieger
Steven Krieger 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.

1 Answer | Asked in Contracts for Virginia on
Q: Wedding planner canceled our contract 2 months before wedding. What rights do we have to the deposit?

The cancellation terms say that the retainer and payments are not refundable if we cancel, but does not provide language regarding what happens if the planner cancels. The planner canceled 48 hours ago via text and has not provided any information on how we will proceed with refunds or next steps.... Read more »

Steven Krieger
Steven Krieger answered on Apr 21, 2022

Yes, you should be able to recover any fees you paid unless the contract has a specific term that permits termination or that the fee structure is set based on milestones. I'm sure anyone who responds would be happy to hep if you decide to hire a firm.

1 Answer | Asked in Contracts, Family Law and Antitrust for Virginia on
Q: Trustee of my Grandfathers will is dodging paying anything out of account to those entitled to its benefits. help

My grandfather setup a trust within his will that will pay for my college courses/apartment while im enrolled at an university. I have been trying to get him to follow through and help me get money from this account. In the 5 emails I have with him it feels like i have been negotiating to get what... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 30, 2022

The answer to your question depends on the provisions of the testamentary trust. These trusts sometimes are set up as spendthrift or discretionary trusts. This gives the trustee the right to make disbursements purely at his or her discretion, in order to protect the corpus of the trust from... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: short term 6 month lease was broken by tenant. deposit returned, had to pay broker fee to recruit new tenant. lawsuit

short term lease six month. Renter purchased a home 4 month later. Security deposit returned. I had to pay $,3000.00 broker fee to recruit new tenant. Now she has filed a lawsuit . Looking guidance

Richard Sternberg
Richard Sternberg answered on Mar 29, 2022

Your description is not sufficiently clear. The tenant broke the lease. Nevertheless, you chose to return the full deposit without deducting for the rent or brokerage damages. Now, the tenant is suing you? Regardless of whether I understood you, you need a lawyer to review the facts. Perhaps it is... Read more »

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: I bought a car March 5th 22 “NEW” inspection sticker since i’ve had issues such as axels, the control arms they wont fix

they’re refusing to fix the issues it had when i purchased the vehicle that were not told to me and refusing to give me money back this vehicle should’ve never had a new inspection sticker

Steven Krieger
Steven Krieger answered on Mar 19, 2022

If the vehicle was represented to you as "new" and it was not new, then you have a claim. If you have a warranty, the warranty should cover these repairs regardless. If you decide to hire an attorney, I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Virginia on
Q: My landlord has given me a 60 day notice to leave as he “wants to sell” the home. We have been here a year and lease is

About to expire. I’ve talked with previous tenants and the landlord has done the same to them and refused offers that was given to buy. What can I do to stay?

Steven Krieger
Steven Krieger answered on Mar 13, 2022

It depends on the specific language in your lease agreement. If there's a provision that permits the owner to terminate the agreement for purposes of a sale, then you're in a more difficult position. I'm sure anyone who responds would be happy to hep if you'd ie to hire an attorney. Good luck.

2 Answers | Asked in Contracts and Construction Law for Virginia on
Q: Possible unlicensed contractor

Shoddy work, the floor is already coming apart and he will not answer my texts or emails about fixing it. He just finished the work in August. I do have a signed contract. He also cut electrical to my loft so now I have to hire someone to run electrical. I messed up because I did not ask if he was... Read more »

Steven Krieger
Steven Krieger answered on Feb 19, 2022

It sounds like you have a claim for a brach of contract, but may also have a claim under the VA Consumer Protection Act. You'd probably need an attorney to review your documentation and any correspondence. I'm sure anyone who responds would be happy to help. Good luck.

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1 Answer | Asked in Contracts for Virginia on
Q: Can I get out of a contract started on Feb 6
Shafeek Seddiq
Shafeek Seddiq answered on Feb 16, 2022

Show your contract to a lawyer near you to tell you if you can get out and how you can get out.

1 Answer | Asked in Contracts and Civil Litigation for Virginia on
Q: Non refundable deposit on a horse

We found a horse on Facebook to purchase for our daughter. We live in NY the Seller is in Virginia. We gave a $2,000 non refundable deposit to hold the horse for 5 days to schedule a Pre Purchase Exam. Refundable in the event there were any new findings. The seller had provided us X-rays and a... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 19, 2021

I regret that I do not handle horse/animal law cases. Sorry.

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I just realized that I put the wrong year on a signed lease. Is the lease voided. What are the terms for the lease?

Tenants signed the lease and have been living in the rental for 3 months. What's my recourse?

Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Oct 29, 2021

Not really a big deal --- where it is clear that both parties meant and understood the correct year, the court will enforce the lease with the corrected year --- The correction of a scrivener's error is a court-sanctioned action reforming a contract or other document. We note, however, that a... Read more »

1 Answer | Asked in Contracts for Virginia on
Q: On a Home improvement contract, the contractors license number on the contract was terminated after contract was signed

It appears that they got a new license number. Is this legal? If I am trying to get the contract voided would this matter? It seems very shady to me that the license number they provided on my contract, while valid at the time, became listed as terminated, on the DPOR website, about 30 days later... Read more »

Steven Krieger
Steven Krieger answered on Oct 20, 2021

As long as the contractor has a valid license number and the numbers were associated with him (and not someone else) then this seems OK. Of course, this doesn't mean the workmanship was sufficient, but from a strictly licensing perspective, this may be OK. If you decide to hire a lawyer,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Construction Law and Contracts for Virginia on
Q: Pool install-can we withhold final pymt until PROJECT completion without penalty? Contract says on concrete completion.

Contract states Final due on concrete Completion but we are getting paver coping instead of concrete. Still a huge piece of the project to be finished. Don’t feel it’s fair to give full payment with a large piece unfinished and unscheduled.

Steven Krieger
Steven Krieger answered on Sep 15, 2021

Contractually, you're likely obligated to make the payment. However, you may be able to renegotiate on your own or with the help of an attorney for different milestones and payments. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts and Entertainment / Sports for Virginia on
Q: I recently got a record deal for distribution through universal just wondering if someone could look over it for me
Steven Krieger
Steven Krieger answered on Aug 28, 2021

Sure. If you email it to me, I can take a quick look to give you a quote to review in full.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I signed my lease renewal and my leasing manager voided the document after I submitted it. What are my options?

I was sent my lease renewal documentation the week before my current lease's end (Sept 2nd). I signed the Docusign and submitted it electronically on the 25th. The next day, I received an email notice saying that the document was voided by my leasing manager due to "incorrect rental... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 28, 2021

If both the landlord and the tenant signed the lease renewal, it is a binding contract by which both parties to the lease must abide.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: After rental assistance payment is made to apartment complex, can they still refuse to renew month to month lease?
F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord can terminate the month-to-month lease by giving a 30 day written notice to the tenant/occupants. The acceptance of rent applies only when the landlord has given the tenant a notice to pay or quit for a failure to pay rent and then the acceptance of the rent must be... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Refuse to renew lease - seeking help for family member who is on a month to month lease

due to COVID, rental complex will be receiving rental assistance payment but gave notice 8/17 that lease will not be renewed and they must vacate as of 9/5th

F. Paul Maloof
F. Paul Maloof answered on Aug 20, 2021

In Virginia, the landlord or the tenant has the right to terminate a month-to-month lease by giving the other party a 30 day written notice.

1 Answer | Asked in Contracts for Virginia on
Q: As an event vendor, can I cancel a contract if I issue a full refund of the deposit that was made to hold their date?

Can I cancel said event if they were late are their second payment and I have reminded them 4 times when it was due? Do I need to give a reason on why I will no longer provide services for them? I want to cancel the contract but I have every intention of still refunding the non refundable retainer... Read more »

Steven Krieger
Steven Krieger answered on Aug 14, 2021

Probably. As long as the customer can find another vendor in time, the customer probably won't care, but you should certainly get a waiver/release agreement in place in exchange for the refund. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: I breached an NDA and I got a cease and desist, how can I save my business
Steven Krieger
Steven Krieger answered on Jul 28, 2021

It really depends on the content of the NDA and what you have done. Maybe it wasn't even a breach. You probably want to hire an attorney to review the NDA and the cease and desist letter. I'm sure anyone who responds would be happy to help. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: In Virginia we were awarded a judgement by the court The order does not show interest. Does it still collect interest
Steven Krieger
Steven Krieger answered on Jul 14, 2021

Yes, by statute, you are entitled to 6% from judgment date. If you need help with the collection process, I'm sure anyone who responds would be happy to help. Good luck.

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