Virginia Contracts Questions & Answers

Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Answered on Feb 14, 2019
Richard Sternberg's answer
There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that...

Q: My shopping center was just sold to new owners. These new owners said I cant sell anything that is not in my lease. Why?

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on
Answered on Jan 24, 2019
F. Paul Maloof's answer
Without reading your lease, I can only guess that the prohibition has something to do with the lease's provision that addresses the "use" of the premises by the tenant.

Q: Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.

1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on
Answered on Jan 22, 2019
Timothy R Johnson's answer
They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.

Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Answered on Jan 9, 2019
Andrew Strickland's answer
Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"

There's a few things going on with your question and some assumptions that I need to make in order to tailor it. Let me start with the assumptions: (1) You have a claim against Landlord; (2) Landlord shows up to small claims and disputes the claim; (3) you win final judgment in your favor in small claims...

Q: My new fence was to be repair 6 months ago and it not repaired and they will not give me my money back

1 Answer | Asked in Contracts for Virginia on
Answered on Jan 2, 2019
Jay Braddock Jackson's answer
This question is not an Estate Planning question, but rather a breach of contract case. The remedy will be fact- dependent. In order to answer this question accurately the original purchase order or repair order and contract need to be examined as well as the work that has been done in order to ascertain whether there is a cause of action in breach. Generally speaking, if you were promised work and/or products that you did not receive, you may have a cause of action. The question then will be...

Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.

1 Answer | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Tax Law for Virginia on
Answered on Dec 23, 2018
F. Paul Maloof's answer
This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Answered on Nov 9, 2018
F. Paul Maloof's answer
I do not handle medical collection cases so I regret that I cannot answer your question.

Q: Month-to-month since 2013 w/higher monthly rate. Just told of new offer, $600 more/mo or sign year lease. Can LL do this

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Nov 2, 2018
F. Paul Maloof's answer
Under the laws of Virginia, the Landlord has the right to increase your rent on a month-to-month tenancy on a 30 day written notice. Your right is to move out and not pay the increased rent. If you remain in the premises, you are obligated to pay the increased rent.

Q: How long is a show cause order valid, really?

2 Answers | Asked in Contracts, Divorce, Civil Litigation and Civil Rights for Virginia on
Answered on Oct 26, 2018
Gary Kollin's answer
You need a lawyer. You were not successful in your argument.

Q: Hello

2 Answers | Asked in Contracts and Car Accidents for Virginia on
Answered on Oct 8, 2018
Peter N. Munsing's answer
How? We all have at one time or another.

Q: Supposed to move in on 9/1 but still waiting due to renovations. Can I end the lease and get deposit back?

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Answered on Sep 14, 2018
Richard Sternberg's answer
1. Review the lease. Look for conditions precedent and time is of the essence clauses. Look for liquidated damages clauses, too. If the lease favors you, consider filing suit for damages.

2. Notify the Landlord that they are in breach, and you need immediate housing as contracted. Tell them that the Taj Mahal seems to have a vacancy, but it will cost several million more than your current lease, and you have asked a lawyer whether the Landlord is responsible for the difference in the...

Q: Who is responsible for providing me alternative housing while during repairs and mold remediation?

1 Answer | Asked in Real Estate Law, Bankruptcy and Contracts for Virginia on
Answered on Sep 10, 2018
Timothy Denison's answer
You will probably have to pay for it initially and hope for reimbursement from the owners insurance. The landlord is not an option for payment.

Q: I called a company to deliver 8 tons of cheap gravel for $130. When they arrived, they claimed it was $130 per ton.$1024

1 Answer | Asked in Civil Litigation and Contracts for Virginia on
Answered on Aug 9, 2018
F. Paul Maloof's answer
If you took the delivery and signed for it, you are obligated to pay for it.

Q: Question about security deposts not being returned in Williamsburg VA.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jul 24, 2018
F. Paul Maloof's answer
Each tenant who will make a claim for the landlord's failure to return the security deposit must file their own claim in the court, but all claims can be scheduled on the same court date. In small claims court, no attorney will be permitted by rule of the court.

Q: Can a Virginia lease be terminated by a military who wasn't the original lessee without a Military clause?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Jul 11, 2018
F. Paul Maloof's answer
Only the lessee who is on military duty has the right to invoke such a termination provision.

Q: How can a person on disability be a cosigner for a vehicle if they can't be held accountable to pay if the other party

1 Answer | Asked in Contracts and Civil Litigation for Virginia on
Answered on Jun 26, 2018
F. Paul Maloof's answer
If the disabled person signed the contract and agreed to its terms, the obligation is binding on that person no matter what is their income level.

Q: Is a ratified contract valid if the seller shown is deceased + the will of the deceased has not been recorded?

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Answered on Jun 6, 2018
Richard Sternberg's answer
Assuming we are talking about Virginia law, I need to know more if you are looking for a way out of the contract. That starts with an immediate contract review before deadlines in the contract pass. As to the concerns you’ve raised, they are unlikely to present an issue. There is no requirement to disclose that the prior owner died even if it was in the house unless there was some relevant damage or defect to the house. As to title, in Virginia, title passes outside of probate to the heirs at...

Q: Military moving out mid month. Must LL prorated even though it's stated in lease they won't. Code of VA §55

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Answered on May 31, 2018
F. Paul Maloof's answer
If your lease has this provision, it is legal since termination does not occur until 30 days after the Notice is given.

A Military Tenant may terminate the Lease by serving Landlord with written Notice of termination stating the date when termination will be effective. The date of termination shall not be less than 30 days after the first date on which the next rental payment is due after the date on which the written Notice is delivered.

Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

2 Answers | Asked in Collections and Contracts for Virginia on
Answered on May 24, 2018
F. Paul Maloof's answer
The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.

Q: I am trying to find out if I someone can sue me after I sold them a car?

1 Answer | Asked in Contracts for Virginia on
Answered on May 23, 2018
Steve Miyares' answer
Who has title to the car? That person is the owner and is the one with authority to sell it. If you are not the legal owner if the vehicle, then you did not have legal authority to sell it. You should consult privately with an attorney to review all the facts and circumstances of your situation and advise you on the best course if action for you.

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