Virginia Real Estate Law Questions & Answers

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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Q: Can I file a declaratory judgment on a case that has been appeal to circuit court

1 Answer | Asked in Appeals / Appellate Law, Probate and Real Estate Law for Virginia on
Answered on Nov 15, 2016

You can pursue a declaratory judgment action, but you are likely in a difficult position if you did not have a written and duly recorded agreement to receive the house. You should consult an attorney.
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Q: I signed a new construction purchase contract from a builder and gave a $5k deposit. What are my options to hold/cancel.

1 Answer | Asked in Real Estate Law and Construction Law for Virginia on
Answered on Nov 15, 2016

You have to look at the contract you have with the company. You may wish to consult with an attorney and bring them a copy of the contract to review.
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Q: Does Seller need to notify buyer in writing (not text or email) when invoking the right of first refusal?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Nov 8, 2016

It depends on what the contract says.
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Q: Home renter, 1/2 way through 2-yr lease. Owner breaking lease to redevelop property. What's fair compensation?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Answered on Sep 6, 2016

Does the lease provide for an early termination? If it does, is there a provision that refers to the amount of compensation from one party to another for the early termination? If there is not a provision in the lease, then either the parties to the lease will need to amiably resolve the issue of fair compensation or a judge will need to make a determination. If it goes to court, each side in the dispute will be required to have an appraisal of the fair value to support that side of the claim....
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Q: My neighbor expanded their garden which now extends over the property line into my yard. Am I at risk when selling?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Aug 22, 2016

Down the line, there may be some serious clouds on your title to the land. Talk with a local Real Estate attorney to discuss what steps must be taken to clear it up.
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Q: My husband bought a house in Virginia. My name was not in the deed or anywhere for that matter. How does this affect me?

1 Answer | Asked in Real Estate Law and Family Law for Virginia on
Answered on Aug 1, 2016

Depending on the circumstances of the purchase and the type of funds used to purchase the house, you may have a claim to the house as marital property in the event of separation and divorce. If you have more specific questions, such as regarding taxes, credit, or rents, consider speaking with a local real estate attorney or accountant.
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Q: I wish to buy a property that has 6 names on the deed. If all six don't want to sign, can I buy an individual's share

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

That would depend on how the property is being held. If there is a holdout, one of the interest holders can force a partition. Seek out a real estate attorney to help with your goals.
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Q: My 2 siblings and I inherited my father's real estate property, 2 of us want to sell the remaining sibling doesn't

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 17, 2016

That would depend the terms of the Will and the status of the estate. Seek out a local attorney to explain this process. You are looking for a Probate Attorney.
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Q: My HOA has put a legal hold on my bank account for the second time in 2 weeks. I cannot afford this action. Options

1 Answer | Asked in Real Estate Law for Virginia on
Answered on May 5, 2016

Consult a consumer protection attorney to discuss options. There are ways around such bank attachments.
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Q: Who technically is the owner of a piece of property, the title holder or the mortgage payee?

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

The answer is either; Both or the title holder. It actually depends on the facts of the situation. Mortgage payee may be entitled to some amount of money. Seek out local attorney.
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Q: My question concerns RC's, Right of Ways, and the legality of a Real Estate Closing without those items

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Apr 21, 2016

Before answering this question, any attorney would want to take a look at what this permanent injunction is and what it may mean for your case. I would recommend taking all your documents to a local Real Estate attorney.
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Q: WHAT ARE MY RIGHTS AS A LANDOWNER REGARDING DAMAGE DONE TO A TREE BY CAR HITTING IT LEAVING MY DRIVEWAY

1 Answer | Asked in Personal Injury and Real Estate Law for Virginia on
Answered on Apr 21, 2016

You may be able to recover the value of the tree and any other damage done to the property. Depending on the facts, there may be additional damages. Seek out a personal injury lawyer for an analysis of your case.
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Q: Good afternoon, I wonder if adding a name to a home deed positively affects mortgage payments?

1 Answer | Asked in Bankruptcy, Collections, Estate Planning, Family Law and Real Estate Law for Virginia on
Answered on Apr 21, 2016

I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.
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Q: My question is about real estate investing in Virginia. Specifically loaning money for the purpose of flipping houses.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

1st - you should make the check payable to both. Assuming you failed to do so, what is the consequence? You would have to contend that making the check payable to only one was still compliant because the one was acting as an agent for the other as well. 2nd - hand delivery instead of mailing is not going to be considered a "material breach" as the party obviously received the money. The last question is not at all clear. It is advisable that a business or person retain records of loans...

Q: I own my house. I married last year and did not put my husband's name on the deed. I now want to get some equity out.

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

Yes. But if I am correct, there is more to your question. In the event that your current marriage ends by divorce how will the house be treated? The equity in your house at the time of your marriage will be considered your sole and separate property. Taking that equity out and using it will of course result in the loss of the sole and separate property, unless it remains separate and traceable. Marital money (money acquired during the course of the marriage) used to pay the mortgage will be...

Q: Can a property listing be taken off the market, then put back on a few days later?

1 Answer | Asked in Real Estate Law for Virginia on
Answered on Feb 6, 2016

You are most likely referring to the Multiple Listing Service ("MLS"), which is a private organization with its own set of rules. For example the Central Virginia Regional Multiple Listing Service states that such conduct is prohibited. Section 5.26 Manipulation of Days on Market

Withdrawal and re-entry of a Listing as a marketing tool or in an attempt to alter or reset the days on

market information is prohibited.

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