Real Estate Law Q&A by State
Your current state is Virginia
Real Estate Law Questions & Answers
Q: How long do I have to pursue seller for misrepresentation and fraud on property disclosure form ?
Seller 3/17 did not disclose any defects
Termite active infestation and buyers perceived significant steps to hide damage resulting in $40k+ repairs and treatment
Four years for fraud. See this link: http://codes.ohio.gov/orc/2305
Q: I was told DPL had to be put I’n my name so I did I have been in place for 8 months and always thought my bill so way
To high found out this month when bill came $930 for one month that I have been paying for the entire unit 3 apartments (2rented out) and an active business in the large garage that sits behind unit (mechanics garage). What steps should I take to get my money back DP&L says there is nothing they... Read more »
You'll have to resolve this with landlord if there is only one electric meter for the entire property and all the tenants. Landlord should be requiring each tenant to pay its fair share of the electric, or put in additional meters. Check with the local building department if it is a violation for... Read more »
Q: Where to file a complaint against property management company as a owner of the property in VA?
Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... Read more »
The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... Read more »
Q: My ex husband & I own a home together which we bought while married. The deed lists both our names but me as wife.
We are currently both still living in the home and have no plans to sell it. Should one of us die, we want the full ownership of the home to become that of the surviving owner. Do we need to change the wording of our deed for this to happen or will it automatically go to the surviving owner even... Read more »
It will NOT automatically pass to the surving spouse ( strictly speaking, you are not a spouse). A new deed needs to be prepared, signed and recorded which adds survivorship rights.
Q: landlord treating eviction
Today my landlord performed a house inspection and treated me to evict me if I don’t take my dogs out of the house. She gave me seven days but no writing notice yet just verbal. My written lease expired last October 2018 and never renew another lease but month to month verbal. Can she evict me.... Read more »
Pursuant to F.S. 83.56 the notice must be in writing and inform the tenant of the specific non performance and given a right to correct within 7 days.
However under F.S. 83.57 a landlord can terminate a month to month rental arrangement giving written notice not less than 15 days prior to... Read more »
Q: Does my mother have any rights to the house she lives in thats part owned by her late husband of ovr 10 yrs of marriage?
His sister and son's names are on the deed also. His sister lives in the upper portion of the house, My mother's name is not on the deed.
If the house was in joint tenancy with sister and son, then it belongs to them.
Q: My mom passed away she was married But they haven’t been together in years How can I get her belongings
You might file a Small Estate Affidavit in the County where she died. But you also might want to talk to a local attorney to see if any real property is available. If there is little or not property, do not Probate.
Q: I'm 18 in NC. My parents kicked me out without notice. Aren't they supposed to have a written notice in advance?
Long story. I pay some Bill's and am working almost full time.
Sorry, but no. The law does not require parents to give any notice to their adult children before they kick them out of the nest. You might understand why someday--when you have adult children.
Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?
She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.
Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.
Q: Found Quit Claim Deed Joint Tenants in common from a deceased family member dated 2017 Wayne County MI. File it?
Family listed on the quit claim deed has come together in agreement to sell the property. Concern is that the deed was never filed in court.
There is no such thing as joint tenants in common. If the deed was not prepared correctly before a death, it is invalid, regardless if it was filed. Deeds are legal documents that require specific legal la gauge to make proper conveyances of a party's property interest. Failing to have... Read more »
Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?
plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »
Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »
Q: We are senior citizens 79/80..we are currently leasing in a NYS senior citizen condo complex - lease expires 2020.
We may be eligible to move to a complex(paperwork completed..waiting for approval.)..savings of 300. (Federal program) Are we able to break our lease without penalty? Thank you.
It depends on the terms of your lease.
Q: I no longer wish to sell my house but the closing is in five days. What can legally happen to me?
The purchaser could possibly elect to bring an action for specific performance so as to force you to sell the real estate to the purchaser. Alternatively, the purchaser could possibly ask for money to let you out of the deal, or lastly, the purchaser could ask for the deposit monies back and walk... Read more »
Q: Need help with a real estate contract for my 84 year old mother in law. Listing period has no dates. Can we cancel?
The sellers agency contract has no dates in the listing period of the contract, section 3.6.. We are unhappy with the performance of the agent can we cancel after 45 days of being on the market but no term was ever entered. Both parties signed the agreement. This was the only data missing and no... Read more »
LIkely yes. But, most brokers are willing to grant a mutual termination of the seller is not happy with their performance rather than risk a lawsuit. If the Broker is uncooperative your Mother-In-Law should bring the listing agreement to an attorney to evaluate and likely send the broker a demand... Read more »
Q: I plan to purchase a home in CO with my (adult) child, splitting the down payment, mortgage, and all costs 50/50.
I'll be contributing cash and she'll be securing the mortgage, but I'd also like to be on the deed. Can this be done without my name on the mortgage loan? Also, if I should die, can my 50% be automatically split between the child I co-own the property with and my other (adult) child? Is there a... Read more »
You definitely should be named on the Deed, to protect your investment. Yes, you can obtain a mortgage obligating only one individual but take title to the same property in the name of two individuals. You risk that you will be wiped out should the lender need to foreclose.
You'll need to... Read more »
Q: How do I get an ex bf to leave my house? Everything under my name.
When we broke up years ago(when my oldest was about 2- now 6) I put him on child support. I bought this house(2015), his name is not on anything and does not pay. He claims because he pays child support he pays “rent” to live here. (95% if not more of child support goes to daycare) Therefore,... Read more »
You need to file for divorce and request a temporary hearing. There you can discuss the issues that you have. If you were married when you purchased the home then it is legally his as well. That date was not provided. Your best bet it to get a divorce attorney to assist you. Let us know if we... Read more »
Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant
Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »
In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.
Q: MI property owned by two but title never stated if joint tenants or common. Whats default then?
Responding from a New York perspective, silence the notes tenants in common.
Q: I, who is the plaintiff, has a monetary judgement against the defendant whom I evicted as a tenant.
I am trying to collect past rent and court costs. We went back to court and the defendant agreed in front of the judge to pay me back $200 a month on the 15th of every month until the judgment is paid off. The judge signed off on that. Today is the 15th and she is refusing to pay.
I have... Read more »
If the Judgment gave her a payment plan and she does not comply with it, you file a Rule to Show Cause why she shouldn't be held in contempt for failure to comply.
This gets more attention.
Let alone under the table, sometimes people don't even earn enough to be able to garnish... Read more »
Q: Person listed as tenant in common with his sister dies intestate with no spouse and 2 kids. Deed never transfers to kids
If the surviving sister wants to sell the property years later how can she do so if there is no paperwork showing the heirs have rights to the deceased's stake in the property. She knows they would have a claim to the property from their fathers stake. Can she transfer ownership with a quitclaim... Read more »
If the deceased sister did not devise her interest in the property to her children through a will, the surviving sister would likely be entitled to assume sole ownership of the property. If the deceased sister's estate is still in the probate process, the surviving sister could secure an order from... Read more »
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