Virginia Real Estate Law Questions & Answers

Q: My father passed away years ago. My stepmother has passed. Am I able to get any money from the sale of the property?

1 Answer | Asked in Family Law and Real Estate Law for Virginia on
Answered on Oct 18, 2017

If the property was bought during the marriage or transferred to the marriage during Dad’s life, then there are very few fact patterns in which you are entitled to the house. If the house was truly your father’s and not your step-mother’s by operation of law or presumption, then she inherited $15,000 plus 1/2 on Dad’s death, presumably of the value on that date. . You should retain counsel to probate Dad’s estate, and, through that, sell the house with the personal representative of...
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Q: Can a Property Management Company change the terms of a rental lease agreement 4 months after it is signed?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Oct 16, 2017

Follow the contract. It is binding.
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Q: Came to an offer agreement in writing, but seller delayed signing contract. Then he took another offer. Legal?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Oct 13, 2017

Real estate contracts must be in writing, and it isn’t a contract until it is written and signed by both parties. Sometimes, a writing can be as little as a check, and a signature can be inferred from behavior that indicates an intention to sign. If the Seller backed out before he signed, however, it isn’t a contract.
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Q: Is it ok for listing agent to change the finished area sqft after buyer submitted purchase offer and not telling buyer?

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Answered on Oct 8, 2017

Sounds like a decent claim for consumer fraud including punitive damages and attorney fees. But, you need to deal with it before you go to closing.
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Q: Why would a property management company demand I sign a Release Agreement in order to get my security deposit back?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Oct 8, 2017

There is no obligation for a tenant to sign a release as you describe. The release maybe a way for the landlord to eliminate any liability from a claim. It will depend on what is stated in the release.
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Q: My apartment management breached the lease agreement on water and sewer submetering

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Sep 30, 2017

You have a case. Did you personally check your sub-meter, of course, installed outside your apartment. If that exist, you can take a reading of usage, make a cell phone snap of that and pay accordingly to the management. They will agitate and have to abide by the agreement. Approach your community office and hope it will be resolved.
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Q: The landlord is refusing to fix issues in the house as indicated on the walkthrough papers and the lease, what can we do

1 Answer | Asked in Civil Rights, Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Answered on Sep 24, 2017

Without documentation to support your claim of a breach of contract, you will have a weak case to prove if you file a lawsuit against the landlord to have a judge order the landlord to make the repairs.
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Q: Balcony door and windows has been covered with playwood for 4 months with no access to natural light due reconstructions

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Sep 15, 2017

When you moved into the apartment, you manifested your agreement to accept the condition of the premises in that condition. If sued the landlord, it is possible you will not succeed. You should never have moved onto the premises in that condition. The Latin term, caveat emptor, (buyer, or tenant in your situation, be aware) applies to your situation.
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Q: My fiance' and her brother are 50/50 owners of a house and the brother's girlfriend won't leave the residence. What todo

1 Answer | Asked in Divorce, Personal Injury, Landlord - Tenant and Real Estate Law for Virginia on
Answered on Sep 1, 2017

He can evict but then she'll drop a dime if she hasn't already. She is a tespasser if they both notify her and if she refuses to leave could be deemed more trespasser than tenant, but if she tells the cops she's been paying bills they may back off and say take it to court.
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Q: My father and mother and uncle bought some Leah my father died six months later my uncle died who inherit the land,

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 29, 2017

It depends on how the property is held and what their wills say as well. Please contact an attorney.
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Q: I formed a LLC corporation in VA to lease a house. The lease was signed just prior to the State recognizing the entity.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 28, 2017

There are times times when you need a lawyer and times when you *really* need a lawyer. This is one of the examples in the New Normal for the practice of law when the fairly old saying applies: "Pay me now (to draft the entity and file suit) or pay me (much more) later (to fix the mess)." I've often written on web sites like Quora.com that lawyers don't learn the Law in a top law school, they learn to think like a lawyer. You aren't thinking like a lawyer, and following the advice below...
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Q: Is Statute of Limitations for Oral Agreement based on when the Tenant moves in or out of Landlord's property?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 27, 2017

The statute of limitations on an oral agreement 3 years from the last payment under the lease.
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Q: Mother's trust titled house to me which was never done (in Quit Claim). Father took huge HELOC out on house.

2 Answers | Asked in Real Estate Law for Virginia on
Answered on Aug 25, 2017

Speak to an attorney
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Q: I am a one third-party of some property of my late husband one party have their shareto the other party is this legal?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 23, 2017

First, there is no such thing as "airship" property unless you are talking about the Hindenburg. "Heir property" is a lawyers' pun mixing the words "heir" and "air" implying that the title hovers thinly in the air because nobody has recorded a deed or probated a Will in generations. It is a term commonly used in the South, and it was probably a legitimate concept for African American landowners in parts of the Jim Crow South. It has nothing to do with your case, and you should not believe any...
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Q: found out after 10 yrs our bylaws were never recorded in VA, amendments were never approved by owners. What to do?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 16, 2017

You should hire a real estate lawyer to review the Bylaws and have them recorded in the land records of the county in which the property is located. After correcting the problem, you should proceed in Court against the lawyer and law firm who failed to have the Bylaws recorded and claim as damages the additional cost that are paid to correct the problem.
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Q: How many days late is standard to send a pay or quit letter?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Aug 14, 2017

You may file a complaint whenever the lease says the rent is due after periods to cure specified in the lease have been exhausted. I've never read a lease in which the tenant can delay rent payments merely by informing the landlord that the rent would be late. The best policy, generally, is enforcing your lease promptly as written so that tenants do not form an expectation that the payment of rent is voluntary.
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Q: If a property already states under contract. Are we still able to put a bid on it?

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

First of all, whatever "the property states" or the realtor states in the listing isn't directly relevant. What matters is whether the property is actually under contract and whether that contract is subject to unfulfilled contingencies. Once there is a contract for sale of the property signed by the owner(s) and the buyer(s), you have two major strategies if you want that property enough: 1) deal with the Seller by, for example, asking to write a backup offer and hoping the initial contract...
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Q: My house isn't paid off yet, and I want to know can I put the house in children name. How long is the process?

2 Answers | Asked in Estate Planning and Real Estate Law for Virginia on
Answered on Aug 11, 2017

Yes you absolutely can you just need an attorney to draft a deed of gift for you. If you are no longer an owner your kids would likely then have to handle the mortgage
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Q: Is it legal to modify or destroy property while it's under contract

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Virginia on
Answered on Aug 10, 2017

Most likely no. I would definitely advise against that
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Q: My mom, myself and deceased husband's name are on our deed, but only husband's name is on mortgage. Now what?

1 Answer | Asked in Real Estate Law and Probate for Virginia on
Answered on Aug 7, 2017

It depends on how title to the property is being held in the deed. You should contact an attorney.
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