Get free answers to your Real Estate Law legal questions from lawyers in your area.
Mother put martial residence in quit claim before her death. Father has a lien on him. Will lien affect distribution of residence upon father's passing? Follow-up. Mother's trust states: In planning for our individual estates my husband and I have made a division of our jointly held real... View More 
answered on May 9, 2019
I have no idea what you mean by putting property 'in quit claim'. So I don't know how the property (Marital residence) was owned. If your mother owned the property at her death, and was still married to your father, he got rights to the property either under her will or intestate... View More
Live in Fairfax county. This is a fairly modern building, run by a management company. The building charged numerous fees--move-in fee and amenity fee--so I would lose over $1,000 there. However, the noise complaints came from loud neighbors at midnight and 1am next to my master bedroom. If this... View More
answered on May 8, 2019
This is actually a Landlord Tenant issue. And there are provisions in your lease that affect it.
And it's a very very tricky problem. Management can't tell you precisely what they've done on your complaint - privacy works several ways. And even if they took action, it will... View More
Our agent assured us the VA appraisal would surely cover difference. VA app. 325k. Is the buyer legally obligated to pay what they offered?
answered on May 7, 2019
You need to read the contract, but I believe the VA rider is conditioned on the VA appraisal.
My tenant is month to month. Our original lease ended 30 months ago. While the lease mentioned 60 days notice, now that it’s month to month, I assume I only need to give 30 days. He wants me to repair the broken windows and back door. I want to wait until he’s gone. Do I need to fix them before... View More
answered on May 6, 2019
You need to consult with a local lawyer, because county and city codes matter in landlord-tenant. Then, the lawyer needs to read the lease with particular attention to the Holding Over and Notice clauses. In Virginia, the lease will be read fairly strictly as written unless it violates local... View More
We bought a home together a year ago, and I moved out after splitting 4 months after we purchased. I signed a written agreement that was notarized I wasn't responsible for mortgage / bills after i parted ways. She is keeping the house and I want to clear my name from the deed/Note. Is she... View More
answered on May 5, 2019
Based on my experience, unless you are one of the parties who is the borrower of the refinancing, you are not obligated to pay for any closing costs.
Neighbor also has fence 14-18 ft on our property looking for virginia code that is survey stakes ann corner pins
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answered on May 3, 2019
You have a boundary line dispute. The longer you wait to file suit is the longer you acquiesce to the other's asserted boundary. Hire a competent attorney now to perform two title searches, possibly a surveyor or the boundary line only, and file and serve the suit. You will lose because of... View More
Can he claim adverse possesion on my property? He says he mows it so grass doesnt get on his fence. But i dont trust him i was renting the house for 4 years and i just bought the house from my land lord in February 2019
answered on Apr 22, 2019
Adverse possession can be remembered reasonably accurately with the acronym POACH. To achieve adverse possession, the bar against landowners pleading to protect their property, the adverse possessor must POSSESS OPENLY ADVERSELY CONTINUOUSLY and HOSTILELY for the requisite number of years. I see... View More
My renewal clause: 4. Renewal: Tenant may renew this Lease for one (1) successive period herein referred to as the “Renewal Term" of one (1) year, if at all, by giving written notice of such renewal at least sixty (60) days prior to the expiration of the initial term. Said renewal to be... View More
answered on Apr 22, 2019
Based on your lease contract, tenant has a right to renew for another 1 year term if tenant gives landlord written notice at least 60 days before the end of the lease term. If no such notice is given by the tenant, the lease converts into a month-to-month lease by operation of law.
Sent email to landlord who lives overseas. Had house inspected by professional service. After reviving email notification, Landlord contacted me by phone. I told her the quoted cost ($1675) for the house exclusion work including 2 year warranty. She said to deduct cost from rent but send a copy of... View More
answered on Apr 21, 2019
You can contact the Fairfax County General District court and ask them about filing a Tenants Assertion.
Zoning enforcement just said the property is in violation of zoning because the owner does not have the proper permit to divide a single family home into a duplex. Can i get my deposit and rent money back? The owner doesn't want to end my lease.
Do I have good grounds to file a... View More
answered on Apr 7, 2019
If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.
The land owner Says that she has went to lawyer to get mobile home , but we bought it from title holder . What can we do ?
answered on Apr 5, 2019
You need to get a lawyer to read all the contracts. I've seen on TV that there is an ongoing scam in which landowners purport to sell mobile homes for extremely attractive prices, but the land lease on the property is where the landlord makes the money, and the landlord asserts a security... View More
Now the property manager is changing my locks what can I do? Ive paid my rent my lease isnt up theirs four months left. They keep harrassing me.
answered on Apr 1, 2019
You question must be omitting several important details because it is not clear what is going on.
answered on Mar 26, 2019
Yes, I believe you have 7 days to cancel a timeshare signed in Virginia. Check your contract for exactly how to cancel and make sure you follow the procedure exactly. Speak with an attorney if you have any questions.
me to pay a management buyout fee in order to receive prorated rent for march and the tenants security deposit. My closing attorney says we are not obligated to partner with them nor did I ever show interest having a management company. The management copy says the management contract transfers... View More
answered on Mar 24, 2019
Try filing a complaint with the Board. <http://www.dpor.virginia.gov/File-Complaint/>. Let the realtor’s broker know you are going to file before you do. You might get a check. If the broker has a problem, it is with the Seller, not you.
Reading an answer on the Internet does not... View More
The LL has not signed the lease. Is it still a binding contract? They have not given me a copy of the lease nor give the gas company a copy so that the gas can be turned on. Now they want me to sign a revised lease. What are my rights?
answered on Mar 17, 2019
A lease can be enforced against anyone who has signed it. Sometimes, a separate document "signed" by the party against whom enforcement is sought can act as a signature on the unsigned lease, such as an email conveying the lease saying something like, "This is the lease I'm... View More
She wants to know if she can go to a Virginia court and sell it like in Delaware
Son has defaulted on a mortgage in Delaware and she wants to sell off property owned by both of them.
answered on Mar 16, 2019
The petition is called a Sale in Lieu of Partition. In Virginia, there is a Code provision that reimburses the legal fees out of the proceeds if the sale. Don’t let the son’s default destroy his mother’s credit. If they are tenants in common, the petition is routine, but a bit much for a DIY... View More
His current wife still lives there she will not speak to me at this time, can i sell this home?
answered on Mar 12, 2019
You need a lawyer to review title to the house, the divorce decree, and the mortgage note. You aren’t providing sufficient information in your question, but if you don’t own the house, you can’t sell it. If you own part of the house, you can usually file a Petition for Sale in Lieu of... View More
Just moved in, site unseen unfortunately cause of military move. Carpets smell like strong urine. 2 small kids in our house. 3 years old and 10 months. The house was also filthy when we moved in and we had to pay ourselves to have it cleaned. Property manager said they nor the owners will replace... View More
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answered on Mar 3, 2019
Check your rental agreement first and also see if the Virginia Landlord Tenant Agreement covers this situation. It may be something you want to retain a lawyer to investigate further as they can tell you what rights you may or may not have and also your liability if you choose to breach your... View More
My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?
We bought the property for $163,000 and it is was valued/appraised at $900,000 in 2017. I am the working partner and designed, renovated and work/live in the property everyday to add value. I would like to sell the property for about $1,100,000. My mother thinks she deserves the $40,000 off the top... View More
answered on Feb 18, 2019
It would be useful to have a lawyer read the agreement you signed. One of the benefits of the LLC form of business entity is its flexibility in capitalization and control. Absent provisions to the contrary, she is either a lender or an owner, not both with the same money. If she is a lender, she is... View More
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