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Virginia Contracts Questions & Answers

1 Answer | Asked in Contracts and Real Estate Law for Virginia on

Q: Can a VA Condo Assoc.’s BOD purge information in an individual unit owner’s file w/o that owner’s knowledge & consent?

I own one of the 200+ units in a Condominium Association in Virginia. The individual records of each unit are kept in the on-site management office. My friend & neighbor recently told me that about a month ago she examined the file for her particular unit & noticed it contained documents dating... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex." In addition to that general rule, please understand that this particular question should best be answered by your "friend & neighbor;... Read more »

1 Answer | Asked in Small Claims and Contracts for Virginia on

Q: Received a warrant of debt for a repair but I didn't agree on the terms. Any way to fight the claim?

I asked a company for an estimate on repairs. Instead they came & did the repairs. I have contested part of the bill as unknown terms. They want me to pay for their workers to load & unload the materials at their shop. A reasonable amount was offered & had to be in installments. I do not have the... Read more »

Bruce Alexander Minnick answered on Jun 7, 2019

Either pay the amount claimed, negotiate a compromise and pay that or hunker down and wait.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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2 Answers | Asked in Contracts and Real Estate Law for Virginia on

Q: Are seller financing and lease option agreement contracts are legal in the state of Virginia?

Can a real estate investor offer these contracts to the seller and the buyer just as long as the contracts are legal and the investors has a title company or attorney to look over the contracts to approve them.

Richard Sternberg answered on May 16, 2019

Lawyers don’t “approve” contracts. They review and advise their clients on the legalities of their dealings. After the advice, the contracting parties remain responsible for their choices, though they might have a claim against the lawyer if his advice was malpractice. If what you are doing... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on

Q: Section 13 of lease agreement: "Liability of Landlord/Agent." Prospective tenant has crossed out two lines. Bad for me?

My prospective tenant has crossed out these two lines in Sec. 13 of standard lease agreement (VR Form 200, revised 7/18) : "Landlord and Agent shall not be liable for negligence or tort" and "Tenant hereby release landlord and agent from any and all liability and agrees to indemnify landlord and... Read more »

F. Paul Maloof answered on May 14, 2019

By agreeing to those strike outs, the landlord will be exposed to additional liability. You should not agree to those strike outs.

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1 Answer | Asked in Real Estate Law and Contracts for Virginia on

Q: Moved into an apt 7 days ago & made 2 noise complaints already. Can I break the lease w/out penalty if this persists?

Live in Fairfax county. This is a fairly modern building, run by a management company. The building charged numerous fees--move-in fee and amenity fee--so I would lose over $1,000 there. However, the noise complaints came from loud neighbors at midnight and 1am next to my master bedroom. If this... Read more »

Ross Cameron Hart answered on May 8, 2019

This is actually a Landlord Tenant issue. And there are provisions in your lease that affect it.

And it's a very very tricky problem. Management can't tell you precisely what they've done on your complaint - privacy works several ways. And even if they took action, it will take them 2 or...
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3 Answers | Asked in Contracts and Real Estate Law for Virginia on

Q: Our condo was listed for 325k, we were offered 332k by a military couple. We took their offer.

Our agent assured us the VA appraisal would surely cover difference. VA app. 325k. Is the buyer legally obligated to pay what they offered?

Richard Sternberg answered on May 7, 2019

You need to read the contract, but I believe the VA rider is conditioned on the VA appraisal.

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3 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Civil Litigation for Virginia on

Q: would i be responsible for closing cost if my ex is refinancing to get my name removed. not lived there for over a year

We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she liable to... Read more »

F. Paul Maloof answered on May 5, 2019

Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.

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2 Answers | Asked in Gov & Administrative Law, Contracts and Criminal Law for Virginia on

Q: Under Virginia Code 18.2-115 is simply moving a vehicle out of the state enough to be considered fraudulent conversion?

Daniel P Leavitt answered on Apr 23, 2019

There are elements to the charge the Commonwealth would need to prove. Contact a lawyer in the area where your charge is and they may be able to locate a defense.

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

Q: Discovery of mouse infestation less than 12 weeks after move in. Who is responsible?

Sent email to landlord who lives overseas. Had house inspected by professional service. After reviving email notification, Landlord contacted me by phone. I told her the quoted cost ($1675) for the house exclusion work including 2 year warranty. She said to deduct cost from rent but send a copy of... Read more »

F. Paul Maloof answered on Apr 21, 2019

You can contact the Fairfax County General District court and ask them about filing a Tenants Assertion.

1 Answer | Asked in Contracts and Animal / Dog Law for Virginia on

Q: Would i be able to get him back?

I gave my dog away to a girl i knew from school cause i just had a newborn and he stayed by my feet and i was so heartbroken she said when she came to get him that i could get him back when i was ready. Now she is taken back what she said and will not let me have him.

Bruce Alexander Minnick answered on Apr 15, 2019

Even though your female friend has not told her side of the story here, this appears to be another "he said she said" situation. Unless I miss my guess, your female friend would probably say that you gave the dog to her, and that she never said she would return the dog "whenever you were ready."... Read more »

1 Answer | Asked in Contracts for Virginia on

Q: If someone lies to obtain criminal charges and later demands financial compensation to drop charges, is this extortion?

Someone went to the magistrate and swore out a completely fraudulent criminal complaint against me that led to my arrest and charges of domestic abuse. I have surveillance video that shows every statement in the self-made victim’s complaint is completely false. The county prosecutor’s office... Read more »

Bruce Alexander Minnick answered on Apr 15, 2019

Sure sounds like extortion to me. However, since you think "extortion" is the opposing counsel's "negotiation tactic," and since you also have a lawyer, you are advised to instruct your lawyer to file a criminal complaint against the PARTY (not his lawyer) who filed the bogus criminal complaint... Read more »

1 Answer | Asked in Contracts and Divorce for Virginia on

Q: In Va, has a circuit court rule it has subject matter jurisdiction reverse itself when parties tried to enforce it?

In a final divorce decree, a Chesapeake Circuit judge ordered it had subject matter jurisdiction to incorporate the parties' separation agreement and for the parties to strictly comply with its terms. When one of the parties attempted to enforce the terms of the incorporated agreement, the very... Read more »

Bruce Alexander Minnick answered on Apr 4, 2019

Although I do not practice law in Virginia, many generic legal questions are answered the same way in all states. For example, most states have adopted the same laws in areas that lend themselves to interstate enforcement through compacts, including issues that arise in divorce proceedings that... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Virginia on

Q: I have a LL transfer over a lease to a property manager

Now the property manager is changing my locks what can I do? Ive paid my rent my lease isnt up theirs four months left. They keep harrassing me.

Bruce Alexander Minnick answered on Apr 1, 2019

You question must be omitting several important details because it is not clear what is going on.

2 Answers | Asked in Contracts, Family Law and Tax Law for Virginia on

Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

James H. Wilson Jr. answered on Mar 30, 2019

Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Virginia on

Q: I purchased a rental property in Portsmouth that was already being leased. After closing the management company wants

me to pay a management buyout fee in order to receive prorated rent for march and the tenants security deposit. My closing attorney says we are not obligated to partner with them nor did I ever show interest having a management company. The management copy says the management contract transfers... Read more »

Richard Sternberg answered on Mar 24, 2019

Try filing a complaint with the Board. . Let the realtor’s broker know you are going to file before you do. You might get a check. If the broker has a problem, it is with the Seller, not you.

Reading an answer on the Internet does not create an attorney-client relationship. You are...
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1 Answer | Asked in Contracts and Real Estate Law for Virginia on

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

With being out of the market and not familiar with Lynchburg, VA real estate Law. If I as buyer of a property am unable to fulfil the obligations of the contract by completing the purchase. Is there any risk that I face for being sued? Is there a precedent set that would be a set cost or is this... Read more »

Richard Sternberg answered on Feb 14, 2019

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... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Virginia on

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?

I'm a beauty salon owner that wants to sell scarves.

F. Paul Maloof answered on Jan 24, 2019

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.

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1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on

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

When I called back the man was not nice and said once papers are served on January 23, 2019 he can no longer help me. That today payment would be $415 (on a $100 overdraft fee) if I go to court payment would be $1245 with court fees. I googled the company EDR in Maryland but couyfind any... Read more »

Timothy R Johnson answered on Jan 22, 2019

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.

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