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Apt only required one guarantor. Roommate stated her Dad would complete another guarantor, but that never happened. I'm afraid if I move out to another apartment within the complex, my roommate will stay and hold my Dad responsible for the remainder of the rent.
answered on Oct 5, 2020
Generally in Virginia, when a guarantor agrees to sign a guaranty, the guarantor is jointly and severally (individually) liable for the obligations to pay the payments of the lease. It will depend on what is stated in your lease as to the obligations and the liability to pay the debt.
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... View More 
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... View More
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... View More
answered on Sep 25, 2020
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... View More
I am interested in buying a property that does not have a deeded access. There is a private road connecting it to a county road. The listing agent says that road cannot legally be blocked, denying me access to the property. If this is true I want to buy the land. When I was shopping for a... View More
answered on Sep 23, 2020
The answer is in insurance not at law. The legal answer could get tied up in a astoundingly expensive trial on the existence of an easement by estoppel. You should draft the contract so that it is contingent on the insurability of legal access and egress, and you should run not walk to the exit if... View More
The VA Real Estate Contract of Purchase was submitted to Seller on Friday, Seller's agent responded by text on Saturday to Buyer's agent that the offer had been accepted (no changes to terms). Seller's agent stated he would obtain Seller signature and send agreement to Buyer's... View More
answered on Sep 22, 2020
There certainly is a decent legal argument that the contract was concluded, but you would have the burden of proving that the acceptance was by an authorized agent of the seller and that the acceptance was unconditional. Those will be factual questions, which means a trial. That is not an... View More
Grandparents died and left it to the family, my mom is trying to dictate and kick me and my fiancé and kids out and I told her she has no authority her name isn’t on the deed and it’s a family home. She went and made a homemade eviction notice giving us 30 days
answered on Sep 22, 2020
There is no such thing at law as a "family owned home." The property is owned by some one or some specifically named individuals. If the property was not deeded or willed to the next generation, then it passed by intestacy. Sometimes, it is difficult after a hundred years or so,... View More
An acquaintance let us know that hey would like to sell their house and move. We are buying connected property already. She has not listed it. Can someone tell me in simple terms, how this would need to be handled legally in Virginia? Also, we would be buying it outright in cash. Thank you.
answered on Sep 22, 2020
If you already have your price and don't need marketing services or advice on pricing and market analysis, you don't need a real estate agent. A lawyer will be much cheaper. Even cheaper is a new development I've been trying of employing a real estate agent in my office to handle... View More
He is hospitalize VA, she is his aid care taker. She wants POA because he is married.
answered on Sep 20, 2020
This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the... View More
I live in New Jersey and I'm buying a house cash in Virginia. We are not using a buyer's agent. We were told we needed to have a real estate lawyer or a title company when the paperwork was signed. I'm trying to find out if the title company needs to be in Virginia or if I can use... View More
answered on Sep 19, 2020
The title agent must be licensed in Virginia, and you would be foolish to use a title agent who was not also acting as your lawyer. That will be more expensive than having a non-lawyer title agent. It will be a little more expensive than using a title agent who is a lawyer acting as a title agent.... View More
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... View More
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... View More
answered on Sep 14, 2020
They deed it to someone else, or they die, and it transfers by operation of law or by a deed from the personal representative. You simply aren't providing enough details for this to be more useful. Perhaps you should discuss the matter with a lawyer who practices where the land is located.
... for the last few weeks. The sale had "no inspection" contingency. However, in this time period and before closing, one of the appliances broke down (home warranty company confirmed) and I purchased the exact same model as replacement before closing. Legally can I deduct this from the... View More
answered on Sep 11, 2020
Start with the purchase contract. Did it include a functioning appliance such as the one you replaced? Next, review the lease. Who was responsible for the appliance? Next, back to the purchase & sale agreement. Was there an integration clause and did the unpaid rent pass to the new owner upon... View More
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?
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... View More
Id like to know if I can get any type of homeowners insurance on them, since they run in/out of our property.
Also, if neighbor would have o carry insurance the well and septic, and if that would cover us since we are connected. Tyia
answered on Sep 9, 2020
You need to address that question to an insurance agent, not a lawyer.
answered on Sep 9, 2020
OMG, yes. Well, actually, no. You don't need it. You want it. If the house burns to the ground as you drive away from the closing, whatever is left, including the requirement to clean up and rebuild the eyesore, is yours. If some else burns it down and goes to prison for arson for doing it,... View More
How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.
answered on Sep 8, 2020
You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.
The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.
Good Luck: go see a lawyer.
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I recently acquired a property that belonged to my father, who passed away. The property had an additional home that has tenants in it. there is however no rental/lease agreement or rental history in place. I have notified them with intent to sell giving a 30 day notice and offering a cash for... View More
answered on Sep 4, 2020
In Virginia, once the Deed of Distribution from the Estate's Executor is recorded and you are the title owner of record, you can put the property on the market for sale and must disclose the property is occupied by tenants under a month to month tenancy. If you want to terminate the month to... View More
We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.
answered on Sep 1, 2020
You don't say whether or not you've signed a contract to buy the property. If you have you may have a big problem.
Make sure that obtaining a written agreement is part of the contract - that is the most important part of your transaction.
And you need a lawyer. NOT a... View More
The termination shall be effective on the last day of the second calendar month following the month in which Landlord receives the Notice of termination.
answered on Aug 24, 2020
Notice sent DURING August (unless the notice was sent August 1), then the last day is Halloween, October 31.
They do hard checks on my credit... is there way I can resolve the situation
answered on Aug 20, 2020
The Internet has been both a blessing and a curse for tenants. On the one hand, it is much, much easier to find a competitive tenancy and to get a fairly accurate idea as to the price for comparable homes. On the other hand, landlords uniformly use credit checks and eviction records to qualify... View More
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