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answered on Oct 5, 2019
No. Unless the then-owners agree with you to terminate the lease early, your lease is not affected by their transaction. Of course, there may be tactics to secure that agreement, and a lawyer might help with that.
It is being used as a full time residence.
answered on Oct 2, 2019
Maybe, maybe not.
Two considerations: a) subdivision restrictions and b) zoning ordinances.
a) If you are in a subdivision with restrictions and covenants, there may be a prohibition in them. They will sometimes refer to it as 'temporary housing' or refer to campers,... View More
is now charging legal fees, additional months rent. I paid the full amount due on the evening of the 9th through a drop box. Was legal proceedings filed prematurely? Shouldn’t I have 5 full days from the date I was served? Thank you!
answered on Sep 18, 2019
I would need to review all the documents in order the give an answer. However, you may have a defense to a lawsuit if the suit is filed maturely. You should get a formal opinion from a lawyer to protect yourself.
Buyer and seller entered into vague offer to purchase property in April. No further word from buyer until seller sent letter in August, stating all offers/ contracts have been rescinded. Buyer then called with closing date, saying he'd sue for breach of contract. Is offer to purchase a... View More
answered on Sep 12, 2019
You need a lawyer to review the actual exchanges. If an offer was accepted, it is a contract from that moment on, and it follows its terms until completed or breached.
The seller returned several times a few weeks after the sale to take items from the mobile home yard and patio. Now, over a year after the sale, the seller returned to claim items in a outside shed. In the process,the previous owner cut off a lock on the shed and started to remove items. The... View More
answered on Sep 10, 2019
What's required is a contract review. In most sale of real estate contracts, there is a provision that items on the property except for a list in the contract convey to the buyer. If not, the common law of bailment probably applies, and the buyer became a gratuitous bailee of the goods. He may... View More
answered on Sep 6, 2019
This is actually fairly common in parts of the United States. Baltimore has a long-standing tradition of selling houses that sit on land held by long-term lease. But, such situations can be quite complex. They can also be the basis for a fraud or a non-fraudulent misunderstanding that means you pay... View More
I have asked him to leave several times, but he has refused because he says he doesn't have the money. In Virginia would my nephew be considered a "Tenant at Sufferance" and could he be evicted without notice?
answered on Sep 4, 2019
I think your nephew would be considered as a "guest" or an "invitee" rather than a "tenant.' What ever way he is described, if you want him out of your premises, you will need to follow the requirements of Virginia law and eventually file an Unlawful Detainer to seek... View More
Should the sheriff be called if non-will-designated siblings try to move into the
House?
answered on Sep 2, 2019
Your question - including abbreviations - is too cryptic and lacks enough information for a complete answer. Restate with enough information (use "A", "B", "C" to designate individuals, such as "A" died and in her will . . . "
The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... View More
answered on Aug 22, 2019
You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... View More
answered on Aug 20, 2019
Follow-up: If the Landlord failed to comply with the specified Virginia Code section regarding the move-in inspection, the tenant may have a right to go to court by filing a lawsuit and claim a breach of contract with a demand for the return of the security deposit as well as any other damages... View More
The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are... View More
answered on Aug 19, 2019
The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the... View More
answered on Aug 18, 2019
I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those... View More
She died very unexpectedly so after settling the estate in VA, my husband came to a gentleman's agreement to allow her second husband to live in the home and pay the taxes. It's been two years though and we feel we need to take possession of the home. We're afraid we've let too... View More
answered on Aug 18, 2019
You need a landlord and tenant or a real estate lawyer, and then you need to give proper notice to quit. If he doesn’t quit, the lawyer can take it from there. If your “lease” is enforceable because something is in writing, and you gave tenancy for the term of the tax payments, you may be... View More
Homeowner turned downed my offer on their house citing they did not want to sell to someone using my type of lending (USDA). The purchase offer was submitted with a financing pre-approval letter from my mortgage lender dated the same date as my offer.
answered on Aug 15, 2019
Probably. A seller can turn down an offer tp purchase for just about any reason they want to, as long as it not a discrimination against a person in a protected class. Some lenders and loan programs impose requirements on sellers that they don't want to fool with - such as requiring discount... View More
What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for
answered on Aug 11, 2019
Appeal the court's decision and ask for a stay of the order to sell.
Listing , prior owner agent all day it was 3 bedroom. Depot Heath says 2 bedroom. We bought the house as 1031 commercial with intent to rent. Our income is almost half potential now.
answered on Aug 7, 2019
You should probably have the contract, advertisements, disclosures, home inspections, and permits reviewed to determine whether you have a cause of action against the seller or anyone else. It is impossible to form a reliable, professional opinion on your remedies without a competent review,... View More
Inspection has been done and accepted. Sewer has been pumped out and satisfied. Water well paid for a year. As far as we know everything on our end has been done. Appraisal has been done by purchaser but we do not know what the report is. Purchaser is obtaining a VA loan and has now asked to be... View More
answered on Aug 4, 2019
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 seems that you need a lot more than an internet answer. Find and sit down with an... View More
No one from the rent office say anything and continue to take my current rent, then in June , which was 3 months later they tell me that they filed an unlawful detainer because I still owe for March, it’s almost august
answered on Jul 26, 2019
I cannot understand from your posting whether the bounced check caused your rent to be unpaid or whether it was an extra payment. In any event, most leases provide for an additional rental fee for bounced checks, and it is not clear from your posting whether that was resolved. If, when all is said... View More
Family members used land as driveway to have access to their home. Portion of land bought by someone else now has home almost built land locking the house in back of it. Thought the land used as driveway by family members would be grandfathered in in Va. what is law? Does City have any... View More
answered on Jul 21, 2019
It is certainly suspicious, but there are not enough facts to be able to answer your question. 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... View More
We are moving to South Carolina and want to wait for a while before buying a house. Also thinking of paying off some debt in the process.
answered on Jul 19, 2019
You need to check with a tax specialist (such as a CPA) for an answer specific to your situation. With that understood, the general rule is that there is no tax due on the gain from sale of your primary residence (gain = price sold - amount paid to buy plus certain improvements). I believe the... View More
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