I have a contract to purchase a residence and the seller passed away a week ago. Do I have any legal way to enforce this contract as her son is harassing me and saying the contract is void and that he is going up on the price etc.
Is the contact still legal and can I purchase for the... Read more »
I saw this question yesterday, but I passed on it because perhaps one of my colleagues had researched it. I’d have to review the contract and, perhaps, do a bit of research in the jurisdiction involved, but I believe that the binding contracts of a deceased person can be enforced as a claim in...Read more »
There are several ways this can still happen, but you'll need a good experienced real estate lawyer to help. There is a statute that applies to pre-death contracts (64.2-523 - here: https://law.lis.virginia.gov/vacode/title64.2/chapter5/section64.2-523/) but you really need the help of a...Read more »
My HOA is already trying to claim I am responsible for repairs on the interior but their negligence caused the interior damage (estimate $2000). The HOA office manager also claims my bathroom ceiling should have a vent. But I bought the unit 13 years ago without one. They even tried to pretend... Read more »
My landlord has been operating in nefarious ways. I am unsure she will return my deposit to me upon departure. We have only improved the home since arriving (landscaping, restoration cleaning, landscaping, painting, replaced damaged door handles, and chimney swept).
In Virginia, a Landlord is not authorized to keep a security deposit without providing the tenant with a written itemization of the damages to the premises. Proof of damages to the premises is essential to establish evidence for the claim of damages to the premises.
I have given her time as its pandemic situation. But she has not been responding to my texts or calls. I have asked her multiple times about rent but she is not responding and refusing to meet me or let me into the Property.
You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are...Read more »
Tenant has been late in paying rent last couple of months. She is not responding to my calls or texts, emails asking for rent. I even went and rang the bell but she wont open the door. The only text she responded was when I told that i would enter the property, she responded saying donot enter. No... Read more »
In Virginia, when a tenant has been late paying rent, the landlord has the right to send by first class mail a written notice to the tenant for 5 day pay or quit. After the 5 days, the landlord has the right to file an Unlawful Detainer in court to seek the return of possession of the premises.
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 »
She insists she is able to charge us that rate beginning the 2nd if she hasn't received the money order. She also recognizes that she can't charge us until the 5th but is comfortable accruing fines before the fifth and charging us on that date.
In Virginia, a late fees is a matter of contract and provided for in the lease. The 5 days refers to the failure of the tenant to pay rent when due so the landlord is required to serve on the tenant a 5 day notice to pay or quit before the landlord has the right to demand possession of the...Read more »
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.
They entered the nursing home and is on disability therefore Medicaid can not include it as asset, as I stated he is not interested now in continuing to stay after dad passes I don't want to lose my parents home my question is IF he decides after our Father passes not to remain in the home and... Read more »
Yes. Taking over payments on a mortgage and/or taking over payments on taxes has no effect on title. You need to sit down for an hour with a lawyer to review all of the relevant facts and then negotiate a resolution that benefits the family best. An informal or aspirational plan as you've...Read more »
The family home which he has moved into already the home still has a mortgage for 8 more years he is already struggling 6 months in to it if he walks away from it and my dad passes and I assume the home can my brother come and take it from me.
There's a whole lot more to your problem than your brother moving into the home. What does the deed to your parents for the home say? Was the property in survivorship (tenants by the entirety)? Your father is in a nursing home; how is his care being paid? Is he on Medicaid? If so, he owns...Read more »
If a landlord is having a tough time selling a property or doesn't know how. I want to be able to lease the property for two years and then sell it for the owner. Which is a lease to own. Once the house sells, I would take the profit from the buying price and give the owner what he/she wanted... Read more »
I believe that any real estate representation that is tied to a lease or purchase/sale transaction requires the party acting as the agent to be a licensed realtor. You may want to check with the Northern Virginia Realtors' Association located in Fairfax, VA
The new survey was completed in 2015 and changed the lines significantly. Both parties signed the new survey. This new survey was not recorded by either party (the smaller property is surrounded by another very large property on 3 sides, with a road as the 4th side). Neither party changed their... Read more »
I assume the subject property is in Virginia, if so, then several issues are not clear. The two deeds were not changed. Not sure which deeds you are referring to. The person who sold it to you and the neighbor, I presume. Also, it appears you are saying the deed(s) describe line boundaries. Or the...Read more »
English is also a useful language. I'm going to guess that "mort" is short for "mortgage" rather than the old French word for "dead;" "dee" is just a typo for "deed;" "sit" is a grammatical error for "sitting;"...Read more »
Your question is not clear. I assume you have an existing mortgage, held by company "A". You have now been told that the loan is held by company "B". If that is the case, then no, "B" doesn't have to file a new deed of trust (or anything else for that matter)....Read more »
I have a property in Virginia in which I asked for, and received, a building permits to have a 30x50 metal workshop on a concrete slab on my residential property for residential use. Long story short, no one ever asked for a shrink/swell test of the soil before building, and as I now know was a... Read more »
I've never heard of such a law suit. My guess is that the building inspector is immune, but it would require some research. I don't think the issuance of a building permit is a form of insurance for the safety of the building from claims by the applicant. The liability might lie with the...Read more »
They had no children together. The properties were in my mother's and stepdad's names. My stepbrothers name are on the houses. The houses are now up for auction due to delinquent taxes. Do my siblings and I have any rights to the properties? We are all basically in the city. No one... Read more »
You need to get thee to a lawyer pronto to run a title search. It matters very much how the houses were titled. That might not matter after the auction. If, however, you have rights, and, potentially, even if you don't, this is one of those times when you might be able to "buy it for the...Read more »
You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.