Virginia Real Estate Law Questions & Answers

Q: My mother passed she still owes on mortgage ex husband name is on the loan but not on deed I'm her only heir can

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 22, 2017

I can't imagine how he got to closing if he wasn't on the deed and wasn't the husband, but you need a lawyer now. Let me guess: was the mortgage "upside down," i.e., she owed more than the house value?
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Q: Did the house seller violate any law by not installing a water heater according to the specification of the heater?

1 Answer | Asked in Civil Litigation and Real Estate Law for Virginia on
Answered on May 19, 2017

Your questions depends on what was stated in the real estate purchase and sale contract. If the terms of the written contract obligated the seller to install an electric panel that conformed to the specifications of the newly installed water heater, you may have a good claim. If the contract was silent on that issue, you may have a weakness in your claim. Also, if the contract stated the house was sold "AS IS", the well established doctrine of "Buyer Beware" will place the burden on you to...
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Q: My condo is repeatedly flood from above. The damage is minor each time but can I sue to stop the bad behavior?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 18, 2017

You are certainly entitled to damages when your neighbor's water escapes into your unit, but the damages would be the repairs and, perhaps, related, proximately caused damages, like replacing incidentally damaged property. If that leaking water somehow killed you, those damages could get fairly serious. But, once they fix the damages, you'd only be entitled to more if it was an intentional trespass. What was the "bad behavior?" It reads that the equipment broke and leaked. Even if it should...
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Q: My father passed away, he had a loan using my land as collateral, stepmother signed paper stating he didn't owe anything

1 Answer | Asked in Family Law and Real Estate Law for Virginia on
Answered on May 17, 2017

Get a lawyer to review the Note, the Deed of Trust, and the basis for your step-mother's opinion on the bank's note. Neither your present ownership nor your step-mother's opinion on the debt are solutions to your current dilemma, but banks make mistakes all the time.
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Q: If i rent a lot with an abandoned mobile home on it over a yr.legally can i file for. a title on the mobile home?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 17, 2017

Look up the title owner in DMV records. Find them using an Internet search if needed. Offer them $20 for their abandoned trailer. It'll be a lot cheaper than trying a claim of abandoned property.
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Q: When is the timely response requirement met when submitting the Property Inspection Contingency Removal Amendment PICRA

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 17, 2017

Great question! The contract controls. If it is silent, it may depend on the method of delivery and whether that method of delivery is contemplated by the contract. As an interesting twist of an anachronism in the Law, under the Mailbox Rule, absent a contractual understanding to the contrary, an acceptance is presumed delivered as of the time it is posted to the mailbox. I've seen some judges recognizing that the ancient Mailbox Rule no longer makes sense in an electronic 24/7 world, but I...
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Q: can a seller require you to close early on a house by threatening to make you wait another week if you dont

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 16, 2017

Isn't that Memorial Day Weekend? Oh, well. The real answer is in the contract, and you can get a consult with a lawyer to advise you on the deadlines and the strictness of them as recited in the contract. Then, you can review the likely damages from having closing delayed a few days to determine whether it is worthwhile to insist on your position. I suspect the issue isn't worth the cost of the contract review and consult for you, but any competent lawyer needs the review to give you a reliable...
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Q: If i rent a lot with an abandoned mobile home on it over a yr.legally can i file for a title on the mobile home?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on May 14, 2017
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Q: If an heir dies before the estate is settled leaving no heirs. Is the estate divided by the remaining heirs

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Virginia on
Answered on May 13, 2017

No. If the heir post-deceased, his share goes to his heirs or beneficiaries, who may be, but often aren't, his grantor's heirs.
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Q: Can I refuse title to real property willed to me?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 12, 2017

Yes, they would execute and file what in New York is called a Qualified Disclaimer, provided that it complies with the Statute and it's done timely.
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Q: Husband and I bought a flipped home a month ago and now the house is falling apart

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 10, 2017

It depends almost entirely on the terms of your contract, although you should also investigate possible fraudulent repair activity and violations of the Consumer Protection Act. You need a consult with a lawyer to review your closing package and the facts of the case. Your question is posed as a Virginia question, where I am licensed, but the Justia software says you are in Philadelphia, where I went to college and grad school 40 years ago, but am not licensed. Where is the property? You can...
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Q: My mother deeded her house to me and retains a life estate. What are the implications of selling the house now?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 8, 2017

You will both need to sign the deed to the buyer and the listing agreement with the broker. If your mother is mentally disabled or diminished, you might be able to use the durable power of attorney if it was drafted to cover that, but you may wish to retain counsel and be cautious. If you are a beneficiary of the transaction in selling the house, your sale using the power of attorney could be found to be self-dealing and a breach of your fiduciary duties.
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Q: Can you sue someone homeowners insurance you get hurt on job thier property

2 Answers | Asked in Intellectual Property, Personal Injury and Real Estate Law for Virginia on
Answered on May 1, 2017

You cannot sue their homeowners insurance. If you worked for them as a contractor not covered by workers compensation insurance, you can sue the homeowner or whomever was negligent in causing your injury. If you were covered as an employee by workers compensation, you can file a claim against your employer for workers compensation, which will pay less (medical bills, 2/3 lost wages, and permanency) but will not need to show negligence. Sometimes, you can do both. You need to consult with a...
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Q: Is a tenant ever obliged to evict a tenant?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Apr 6, 2017

You need to call the police.
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Q: Landlord's power of attorney filed no trespassing on me not eviction can she do that?I want my belongings from the house

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Mar 7, 2017

In a residential lease situation in Virginia, a landlord or the landlord's agent or power of attorney must go to court and get a judgment for possession before they can proceed with an eviction or change the locks. If you are the tenant and have personal belongings at the premises, you have a right to go to the premises and get them. If there are any problems, you will need to contact the police.
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Q: Question about property damage liability

1 Answer | Asked in Small Claims and Real Estate Law for Virginia on
Answered on Mar 6, 2017

From the facts it is more likely the neighbor would be held responsible for the damages, but not that "liability" requires a court judgment, so it would be in your financial and time interests to work things out in lieu of suing in small claims court.
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Q: Are we entitled to pro-rated rent if the next renter's lease overlaps with ours?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Feb 3, 2017

It seems to me that there are several hypothetical facts that need to be determined to be factual or not. If you can determine whether there is a new tenant in the premises, you should not be required to pay the full amount of the rent for the month. Once that is determined, you will have certainty as to how you need to proceed otherwise it may be very risky to speculate about the facts.
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Q: How to get my ex out of my apartment!

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Dec 12, 2016

Based on your reported facts, it seems that you are the Lessee on a written lease. It also seems that you entered into an oral sublease with your girlfriend based on her paying you rent. The sublease, which would be considered a month-to-month tenancy based on Virginia law, requires a 30-day notice to terminate it. If you give the former girlfriend a written notice by or before 12/31/16, the oral sublease will be terminated as of last dat of January 2017. Once the oral sublease is terminated,...
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Q: Would like to leave a camera on a pole in parking lot of a strip mall (not my property). Am I breaking any laws?

1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Virginia on
Answered on Dec 1, 2016

It is likely illegal. If it is private property, then it is trespassing, even if it is a public parking lot. It is not abandoned property if you do not intend to abandon it. If it is recording sound, it will likely violate the wiretapping laws.
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Q: Can I buy a house to repair and resell (not for personal use) anonymously? Virginia

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Nov 29, 2016

You can go through part of the process anonymously as to the seller, unless the seller demands identification. Your bank may not allow you to remain anonymous. You will have to have the name on the deed that is recorded. Alternatively, you may be able to set up a company to purchase the property to maintain greater anonymity.
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