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Virginia Contracts Questions & Answers
1 Answer | Asked in Contracts for Virginia on
Q: If a company does not complete a job within the specified timeframe does that constitute a breach of contract?

I placed 50% deposit almost 6 months ago. Would I be responsible for the remainder of the job is not completed by the deadline?

Steven Krieger
Steven Krieger answered on Mar 6, 2021

It really depends on the specifics of the job and the terms of contract. If the contractor is 1 day late that probably would not be a basis to cancel the entire contract unless there was very specific language in the agreement. You should have an attorney review the agreement with you and I'm... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Wife has RTO notarized contract on home from step dad. He was diagnosed with cancer and has days. Is contract good stil?

They had a contract notarized and we’ve made every monthly payment on time and have receipts. Her stepdad was sick and went to hospital and diagnosed with cancer and told he had days to live. My question is in the state of Virginia will that contract still be good? We’ve put so much money into... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 21, 2021

In Virginia, generally when a person signs a contract that person must be competent and have capacity. This will require testimony from witnesses. It may be subject to a Court case to test the validity and enforceability of the contract that you referenced.

1 Answer | Asked in Contracts, Copyright, Divorce and Real Estate Law for Virginia on
Q: In order for an attorney to pass the bar exam, is it safe to say they need to know a little bit of everything?
Richard Sternberg
Richard Sternberg answered on Feb 7, 2021

Preparation for the Bar exam does not involve knowing a little bit of everything. It involves knowing a lot of some things, and it is exceptionally wise to find out which things from a very expensive preparation course that requires intense concentration and memorization of huge amount of state law... Read more »

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Insurance Defense for Virginia on
Q: Is it legal to buy life insurance for more than 10 people that are acquaintances of yours? Assuming I have their consent

Relating to Maryland/Virginia

I have a lot of friends, and they are concerned with today's environment, and most are unable afford life insurance policies. If I were to buy life insurance for them and split profits with their selected beneficiaries, would it be difficult for me to... Read more »

Susan Fremit
Susan Fremit answered on Jan 29, 2021

An attorney who specializes in insurance law would have a better idea about what you are asking.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Wife signed a lease for an apartment alone. What do I need to do to get added to the lease to represent both interests?

I pay most of the rent. We allowed family to move in for a 'short time' -- became much longer tho than originally expected. Wife is unwilling to insist they move out. We're retired so are unable to support them (3 relatives -- one is 47 [female] who only works P-T, another 21 [male]... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 3, 2021

To answer your question of what do you have to do to be added to the lease, the answer is you have to make your request to the landlord and ask what is the landlord's requirements to be added to the lease. This is a contract so the contracting parties have to reach a mutual agreement to... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Did not give 60 day notice to vacate, but occupancy was only for 51 days?

My roommate and I took over the last 1.5 months of a one year lease. We resided in the apartment for 51 days.

Since moving out on October 31, 2020, the company has continued to charge us rent on a month-to-month basis. The company's reasoning is that we did not submit a 60 day notice... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 8, 2020

In Virginia, when there is a sublease or an assignment of the previous tenant's lease, the sublessee or assignee is bound by the terms of the lease that the original tenant entered into. Based on the reported facts that you reported, it seems that you did not provide the required 60 notice and... Read more »

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: Hello. My husband Verbally told me and the landlord,last week, that he is moving out next month.

The term is from 12/12/2019 to 12/31/2020. First months rent was prorated since we moved in mid month. He also verbally told the landlord last week that he is moving out on 12/11. Per our lease, he does have to pay his portion of rent for the entire month of December, correct? And is he required to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

In Virginia, the terms and conditions of the written lease will control whether your husband has the right to terminate the lease based on an oral notification to the landlord. Also, the terms and the conditions of the lease will control who has the rights to the return of the security deposit.

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Are landlords of structures on communal land trusts exempt from VA standards of operation?

She demanded a deposit in june(less than two weeks after we moved ) and refused to produce a lease for us until September 23rd. She is now denying our having paid the deposit. She has repeatedly attempted to get duplicate rent and utility payments from us. She thinks she's exempt from va... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 16, 2020

In Virginia, there is no such exemption.

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for Virginia on
Q: Can a landlord enter into a verbal agreement with tenants and upon changing their mind, charge tenants retroactively?

My landlord rented a house,wood shed, and small shack for the agreed upon rate. She then changed her mind, said the 4th structure is included in our rent, and we owe her rent for the prior 2 months on that space.

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Any contract on land must be in writing. The verbal agreements are unenforceable anyway. It may take a while to remove you as squatters, because it appears that you have no lease but occupy of right.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Contracts for Virginia on
Q: Received my LLB in the UK and plan on doing an LLM over here before the Bar. Do you think that law firms would hire me?
James D. Williams
James D. Williams answered on Oct 20, 2020

If you want to practice law, then you're going to have to pass a bar exam. There are very few states that allow people who have only taken an LLM (and not a juris doctor "JD") program to sit for the bar exam. Virginia does not allow LLM students to sit for the bar exam here.... Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Rights and Employment Discrimination for Virginia on
Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.

My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and... Read more »

Steven Krieger
Steven Krieger answered on Oct 7, 2020

I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.

1 Answer | Asked in Civil Litigation, Contracts and Health Care Law for Virginia on
Q: An employee at a pediatrics office copy and pasted my sons Phi into my other Sons new patient account at reg.

Both boys have different last names she assumed information was the same and made my husband his guarantor we've received a bill in my husband's name for my son listed as the guarantor isn't this a major policy breach. Etc. There were some safety concerns for the possibility of what... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 7, 2020

I regret that I do not handle health care law matters. Sorry.

1 Answer | Asked in Consumer Law, Contracts and Copyright for Virginia on
Q: jewelry store knowingly sold me a fake rolex.

Purchased a preowned Rolex from an established online jewelry store. What are my rights?

Steven Krieger
Steven Krieger answered on Oct 6, 2020

You could sue them for a violation of the VA Consumer Protection Act, but you'd need to have someone testify that the watch is a fake. You'd be able to recover the amount you paid, reasonable attorney's fees, and possibly treble damages if you can prove that the store knew the watch... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Virginia on
Q: In VA: can the deceased's lawfirm file a change of address for the deceased w/o notifying next of kin?
Ross Cameron Hart
Ross Cameron Hart answered on Oct 4, 2020

It is impossible to answer a bare question such as you posted without any context - is the firm the executor of the estate or do they represent the executor? If so, then yes they can.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Virginia on
Q: I move out of my unit on 10/18 and my lease ends on 10/31. Do I have to allow access to paint the unit before 10/31?

The owner would not prorate my rent and said it's mine until 10/31. So I said that's fine then I won't return the keys until 10/31, but the owner also wants to paint the unit before 10/31. I know I have to allow the access for showings and maintenance, but do I have to allow painters... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 1, 2020

The answer to your question should be expressed in your lease. Generally in Virginia, a residential lease permits the landlord to have workers, such as painters, access the premises on 24 hour notice to the tenant and for reasonable reasons. It seems that painting the premises would be considered a... Read more »

1 Answer | Asked in Contracts, Business Formation and Small Claims for Virginia on
Q: Hi..i am in VA. made a payment 2 days late. Can any type of late fee be imposed?

I let the company know VA has 10 day grace period. They changed the 'late fee' wording to 'payroll system fee'.

Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Virginia attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the company's terms, and whether their revision is merely a change of terminology for the same thing. The most economical and reliable way to find out could be to... Read more »

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Virginia on
Q: Statute of Limitations on enforcing Virginia deed that was accelerated, and 2 owners dying. 5 years + 2 years?

This is a Virginia reverse mortgage deed of trust that was accelerated when last owner died. Then subsequent owner who inherited died later as well. Due to acceleration, is the 5 or 6 year contract SOL valid, plus adding a year for each death of owner? Finally, does a Lis Pendens stop or affect... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 15, 2020

You should probably read:

§ 8.01-236. Limitation of entry on or action for land.

No person shall make an entry on, or bring an action to recover, any land unless within fifteen years next after the time at which the right to make such entry or bring such action shall have first...
Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Can the developer institute an HOA fee without having an HOA? He owns 2/3's of the development.

Developer owns a majority of the development but wants to start charging an HOA fee, without having an HOA committee of homeowners. It seems as if he wants our money but wants to retain the decision making. Also, if he charges a monthly fee for HOA, should he be paying for his lots?

Elizabeth Crego
Elizabeth Crego answered on Sep 9, 2020

A planned unit development is usually regulated by a Master Deed or Declaration, which would show whether there is an HOA attached to the development, whether assessments can be charged, and how the amount of assessments is determined. You would need to look at that information, which is recorded... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Landlord is selling house 1 month into year-long lease due to city zoning issues. Not letting us out of lease. Recourse?

One month into our lease, my two siblings and I (all college students) have been notified that the landlord is going to sell the house. Classes started today (8/24) and if we need to move we ought to move now before the house sells at some point in the semester. We were told if we did that we would... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 24, 2020

Generally under Virginia law, the purchaser/new owner is bound by the terms and conditions of an existing lease between the current tenant and the landlord/selling owner. The purchaser/new owner must assume the obligations and rights as stated in the existing lease with the tenant.

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