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Virginia Contracts Questions & Answers
1 Answer | Asked in Real Estate Law and Contracts for Virginia on
Q: Am I responsible for maintaining a co-owner's property with sanitation issues?

I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to... View More

Richard Sternberg
Richard Sternberg
answered on Apr 19, 2025

While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Do we need a lawyer to draw up a sales agreement to be legally binding or can we just have it notarized

Can it be self typed and witnessed and notarized to be binding

Alexander J Tanios
Alexander J Tanios
answered on Jan 29, 2025

Contracts in Florida typically do not have to be notarized or witnessed, unless the contract is found on the deed itself such as a "contract for deed" or "Land contract." You are best served by having a lawyer review or draft the sales contract because there are several expenses... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Virginia on
Q: My mother passed away in Virginia and have been told there was a will.

I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Sep 27, 2024

One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.

Does the lessee typically write off those expenses?

I received a 1099-NEC accounting for the... View More

James L. Arrasmith
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answered on Mar 29, 2024

When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: So me and my girlfriend and her autistic son rent a 2 bedroom apartment and my landlord is not doing her job

She has accused us being too loud, taking pictures of people doing shady stuff, she has given us a 14 day notice of eviction twice and taken it back like she didn't do it in the first place, accusations of popping peoples tires, playing in glass (we don't and have never done any of this)... View More

James L. Arrasmith
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answered on Mar 27, 2024

Your feelings of frustration and unfair treatment in this situation are completely understandable. Landlords are expected to adhere to a professional and ethical standard, which includes treating all tenants fairly, regardless of personal relationships. Favoritism, baseless accusations, and issuing... View More

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: In spotsylvania Virginia can I use in person recording between me and used car dealer as evidence without his consent

He fails to provide me title within 30 days

T. Augustus Claus
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answered on Jan 18, 2024

In Spotsylvania, Virginia, the rules regarding the admissibility of in-person recordings without consent may vary, so it's essential to be aware of state-specific laws. Virginia generally follows a "one-party consent" rule, meaning that as long as one party to the conversation (in... View More

1 Answer | Asked in Contracts for Virginia on
Q: Membership cancellation

I am a member of a local organization. I sent a request to cancel my membership on November 27, 2023, and they sent me a form to fill. Due to some personal issues I did not return the form until December 18, 2023. My understanding was that I was supposed to give a 30 day written notice which i... View More

T. Augustus Claus
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answered on Jan 18, 2024

While the organization's policy specifies a 30-day written notice for membership cancellation, it's crucial to consider the language of the policy and how it may be interpreted. In your case, you initiated the cancellation process by sending a request on November 27, 2023, and... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Mh roommates rental lease doesn’t say I can’t sublease and they never answered my call on it when I asked them twice.

If they’re not answering can I just sublease my part of the lease?

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

It is my understanding that in Virginia, the right to sublease is not automatically granted to tenants. Whether or not a tenant is allowed to sublet depends on the terms of their lease. For a comprehensive understanding and legal interpretation of these provisions, it is advisable to consult with... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: I pay rent with someone since on lease but don’t live there and the company took echeck option off without telling me

Do I have to pay the convenience fee since I was never told? I also don’t have any keys just to make sure that my roommate doesn’t have someone else live in there while I’m paying half her rent until she finds someone, can I legally get keys? I want to get out of this lease it’s a... View More

T. Augustus Claus
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answered on Jan 4, 2024

It's essential to carefully review the terms of your lease agreement to understand your rights and obligations. If the lease allows for joint payments or specifies a method for rent payment, you may need to adhere to those terms. However, if there have been changes to payment options without... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from the another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For your situation involving an improperly installed part in a dump truck by a diesel truck shop, leading to lost wages, the best type of lawyer to consult would be one who specializes in consumer law and contracts, with experience in automotive cases. Such a lawyer will have the necessary... View More

1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: best type of lawyer for a lawsuit for a diesel truck shop improperly installing a part in dump truck and lost wages?

I have all invoices from shop that installed part wrong, invoice on parts and invoice from another shop that corrected the problem and a statement from on what they found. I have text messages from 1st shop and proof of lost wages

James L. Arrasmith
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answered on Nov 13, 2023

For a lawsuit involving a diesel truck shop's improper installation of a part in your dump truck and resulting lost wages, you should look for an attorney experienced in consumer law and contracts, particularly one with a background in automotive issues or business litigation.

This...
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1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Virginia on
Q: Does case law support claims against property management for liability and misrepresentation?

I am preparing a case against my former landlord's property management company in Virginia, citing Young v. Lambert and Kiddell v. Labowitz to support my claims regarding de facto landlord liability and breach of contract. The property management company performed all typical landlord duties,... View More

James L. Arrasmith
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answered on Apr 16, 2025

In Young v. Lambert, Virginia courts held that a management company performing all landlord functions can be treated as the de facto landlord for liability purposes. Kiddell v. Labowitz reinforces that an agent who controls rent collection, repairs, and communications owes the same contractual and... View More

3 Answers | Asked in Arbitration / Mediation Law, Contracts and Personal Injury for Virginia on
Q: I paid $800 for parking lot accident damages. Am I fully released from liability?

I caused a minor accident in a McDonald's parking lot and offered to pay for the damages. We exchanged contact information, and they provided me with a repair quote of $780 using OEM parts. I suggested using aftermarket parts for $650 and offered an $800 payment to cover their quote. Our... View More

Jan F Hoen
Jan F Hoen
answered on Apr 16, 2025

For your protection, speak with your insurance company regarding this matter.

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1 Answer | Asked in Consumer Law and Contracts for Virginia on
Q: Can I sue Soundmap for failing to refund $20 after a bug prevented me from playing their game for 3 months?

I have encountered an issue with a company named Soundmap, which offers a game similar to Pokémon Go where users can collect digital songs. I paid $20 for a premium subscription last year, but after getting a new phone, their method of logging into an old account on the new device did not work.... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a frustrating situation with Soundmap. Here’s how you might approach resolving this:

**1. Review the Terms of Service**: Before moving forward, review the company’s terms and conditions, especially the refund policy. Many companies state that they...
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1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is a strike-through on a real estate contract valid if not initialed and one party is unaware?

In a real estate contract governed by Virginia law, if a strike-through affects the right to early termination but is not initialed by all parties and one party was unaware of the change, is the alteration considered valid?

James L. Arrasmith
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answered on Apr 11, 2025

You’re right to question this, especially when a contract change affects a major right like early termination. In Virginia, for a contract modification—such as a strike-through or handwritten change—to be enforceable, both parties typically need to agree to it. That usually means both parties... View More

1 Answer | Asked in Contracts and Legal Malpractice for Virginia on
Q: Issues with billing transparency after receiving a fee agreement instead of retainer agreement.

I have a lawyer who provided me with a fee agreement instead of a retainer agreement, and now I’m encountering issues. Despite paying thousands of dollars in what I believed to be a retainer, he hasn’t billed me, and I don’t know what I owe him for the services I contracted him to perform.... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a really uncomfortable position to be in, especially when you’ve paid a significant amount of money and aren’t sure where you stand financially. In Virginia, lawyers are required to maintain transparency with clients about fees, billing, and the work performed. If you were given a fee... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Virginia on
Q: Signed separation agreement under pressure; seeking to reinstate previous support order due to financial struggles.

On December 20, 2024, I signed a separation agreement under pressure, as my attorney withdrew and I was served a rule to show cause for a violation. The agreement involved renegotiating a mortgage from $2,266.29 to $1,242.03 per month, which is now $1,700 due to included taxes. Previously, I was... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a deeply stressful situation, especially with the financial pressure and the feeling that you were backed into a decision without proper support. In Virginia, a separation agreement can sometimes be challenged if it was signed under duress, coercion, or without fair representation.... View More

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