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Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother and her half sister are named on the deed to a house in Virginia, that was willed to them by their mother.

In the event of my mother's half sisters passing, is the half sisters husband entitled to her half of the house?

Vincent Gallo
Vincent Gallo
answered on Jul 15, 2019

One would need to examine the specific language in the deed, coupled with your mother’s half sister is will to make that determination.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Virginia on
Q: Instead of foreclosure, can the owner transfer the condo to the tenant.

I live in this 1/1 condo unit last year the HVAC died and they couldn't afford to replace it. They just got penalty payment warning from the assc. and told me to move in 60 days. They are foreclosing. until now the payments are on time they told me to pay my rent. It just occurred to me to get... View More

F. Paul Maloof
F. Paul Maloof
answered on Jul 9, 2019

Your lease is totally separate from the landlord's mortgage. if you have an interest for the lender to assign the mortgage to you, it would be advisable for you to contact mortgage company to discuss that idea.

2 Answers | Asked in Employment Law and Real Estate Law for Virginia on
Q: I've read online the fastest way to lose a lawsuit is to get caught lying in discovery! Is that accurate?
Ross Cameron Hart
Ross Cameron Hart
answered on Jul 7, 2019

Nope - it's the second fastest way to lose. Lying on the witness stand in front of the judge/jury is the fastest.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If you're moving at the end of the Lease, do you have to give two months notice to the Management Office, in Hampton,VA?

The Management office is saying I have to pay 2 months rent plus an additional $300($150 per month) because I didn't notify them 2 months prior that I'm not renewing my lease. HELP!

Richard Sternberg
Richard Sternberg
answered on Jun 27, 2019

What does your lease say about it? Have you read it? Did you sign it? Are you in Hampton? Is the lease in Hampton? What's in Hampton?

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2 Answers | Asked in Real Estate Law for Virginia on
Q: is it illegal for a real estate company to list a property on the MLS and then not allow prospective buyers to see it?
Richard Sternberg
Richard Sternberg
answered on Jun 26, 2019

Not per se, but there are many additional facts that would make that improper. You should seek out a consult with an attorney if the opportunity is sufficiently valuable to you.

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1 Answer | Asked in Real Estate Law for Virginia on
Q: If one of the heirs is refusing to sign or even get proper documentation to show who he is. And to prove he is a

Legitimate Heir then can I and the other sibling sell the home

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2019

File a motion asking the court to determine if he is an heir and a motion asking the court to approve your decision to sell the house.

2 Answers | Asked in Real Estate Law for Virginia on
Q: Can I sell my decease father house if I am the administrator without having my siblings sign the paperwork as well.

Because the mortgage company lawyer says my name is the only one on it.

Richard Sternberg
Richard Sternberg
answered on Jun 19, 2019

In Virginia, the title to the house passes outside of probate subject to recapture by the Administrator if the sale is needed to pay debts, including distributions. Your safest bet is to put on a motion and get the court to approve a sale. You can then sign for it.

An attorney would make...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Where to file a complaint against property management company as a owner of the property in VA?

Hi, my lousy tenant vacated at the end of the lease term and I switched my property management company due to the bad experience with the previous one. The previous property management company has colluded with the tenant and wants to favor the tenant. My property repair work hasn't been done... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 18, 2019

The only way to bring a complaint against the property management company is to file a lawsuit in Court. I am unaware of anything that is done in your situation by HUD or NARPM. If you file a lawsuit in Virginia, you are subject to appearing in court to prosecute your case. There are no remote... View More

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... View More

Bruce Alexander Minnick
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... View More

2 Answers | Asked in Real Estate Law for Virginia on
Q: My father passed away and his rental property is under water, what can I do?

He was supplementing the rent each month, we personally would like to short sale if possible. The current renter has a lease through December 2019.

Ross Cameron Hart
Ross Cameron Hart
answered on Jun 6, 2019

I am sorry for your loss. What other assets are in the estate? Short sales are time consuming, frustrating, and generally not worth it - I usually suggest to my clients that they let it go to foreclosure unless there's other issues.

What does your probate attorney advise? If you...
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2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: When completing a irs offer in compromise, is vacant land considered real property?
Richard Sternberg
Richard Sternberg
answered on Jun 5, 2019

The definition of real estate is land. If something is built on the land, it is developed real estate.

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3 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: Can the irs enforce a tax lien on a cash sale for property?
Ross Cameron Hart
Ross Cameron Hart
answered on Jun 5, 2019

The IRS has a motto: "We've got what it takes to take what you've got".

Practical response: IRS has filed a lien on property; the Owner sells it to Buyer and Buyer pays Owner cash. IRS isn't paid. The lien remains on the property and IRS can file a suit to take...
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1 Answer | Asked in Real Estate Law for Virginia on
Q: How long does a defendant have to respond to a lawsuit in Fairfax County general district court before going to court?

This case is about the sale of a house in Fairfax County.

Richard Sternberg
Richard Sternberg
answered on May 31, 2019

The answer depends on place, date, and type of service. It also depends on what you mean by “respond.” Part of the Answer you seek may be printed on the Summons, but it is very easy to get the wrong and Virginia Courts are very serious about defaults. Schedule a consult with a local lawyer to... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can my landlord force me to bail water out of the window wells? Can I seek compensation for the physical labor?

In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time... View More

Richard Sternberg
Richard Sternberg
answered on May 30, 2019

You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are... View More

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2 Answers | Asked in Real Estate Law for Virginia on
Q: How long does it usually take for a real estate case to settle in Virginia?

Real Estate law

This involves the sale of a house, and the seller has yet to get paid! It's located in Fairfax County.

Ross Cameron Hart
Ross Cameron Hart
answered on May 29, 2019

I presume you mean some kind of litigation, not a sale and settlement of property.

What kind of case? How many parties to it? What are the issues the court is trying to unravel?

There is NO 'average', and the answer is dependent on too many factors to go into here.

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4 Answers | Asked in Employment Law, Personal Injury and Real Estate Law for Virginia on
Q: What are the potential consequences for not answering questions during the discovery process of a lawsuit?
F. Paul Maloof
F. Paul Maloof
answered on May 27, 2019

It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.

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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
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... View More

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1 Answer | Asked in Real Estate Law for Virginia on
Q: My mother left her house to my sister, she has abandoned the house and it was condemned, do I have a legal right to it?

She never had it put in her name.

Ross Cameron Hart
Ross Cameron Hart
answered on May 11, 2019

If you were in my office I'd have a series of questions, beginning with "HOW did your mother 'leave' the house to your sister?" If it was willed, and the will recorded at the courthouse, then you do not have a right to it, and title to the property is in your sister... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Why wouldn't a landlord dismiss the court case if all rent and additional fees and charges are paid in advance

Before the first court date of a unlawful detainer?

F. Paul Maloof
F. Paul Maloof
answered on May 11, 2019

The landlord would not dismiss the case because the landlord still wants the return of possession of the property from the tenant and can only get this by a judge who orders it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: If you are issued a unlawful detainer and the court date is may 31, will the unlawful detainer be stopped

If all rent that is due , paid before the court date?

F. Paul Maloof
F. Paul Maloof
answered on May 10, 2019

Generally, if the tenant pays all the back rent (and other costs and late fees) before the unlawful detainer's first court date and the tenant gets a written agreement with the landlord that the landlord will dismiss the case, then the unlawful detainer will stop. Otherwise, the unlawful... View More

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