Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Virginia Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?

With being out of the market and not familiar with Lynchburg, VA real estate Law. If I as buyer of a property am unable to fulfil the obligations of the contract by completing the purchase. Is there any risk that I face for being sued? Is there a precedent set that would be a set cost or is this... View More

Richard Sternberg
Richard Sternberg
answered on Feb 14, 2019

There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Virginia on
Q: How in the world do I get a 1991 map in order to prove I own land? I own a large piece of land ..

close to Tehran, Iran and the city wants me to provide them a map of that area in 1991 in order to prove my rightful claim. Is this legal, even in Iran??? I am living in the U.S. and need direction and advice on how to approach this. Please advise! Are they just being unreasonable or is this... View More

Richard Sternberg
Richard Sternberg
answered on Feb 11, 2019

You are going to need an Iranian lawyer.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Real estate law

We signed purchase agreement to close on home by June 30 2017, they offered to let us move in early and rent until closing ?? The financing fell thru and We couldn’t get loan so never closed, never paid deposit. The buyer had put clause in contract that my husband and I overlooked that said not... View More

Richard Sternberg
Richard Sternberg
answered on Feb 9, 2019

You need a lawyer to review the purchase agreement and all subsequent correspondence. There is a decent chance that the damages are limited to the deposit, but, either way, you might just compute the actual damages and pay them.

2 Answers | Asked in Real Estate Law and Construction Law for Virginia on
Q: va-can poa demand "road impact fee" from owner's builder when not in documents.

Nothing in our documents re this-private roads easement across res lots.

Richard Sternberg
Richard Sternberg
answered on Feb 8, 2019

Your question is barely comprehensible. You need help constructing it. But, I think the answer will turn on the contents of the documents. You need a legal review of all relevant contracts, whether we are talking about the construction agreements, the home purchase contract, or any relevant HOA... View More

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: who Owns the property of my mothers home

My mother had a mortgage she passed away in 2010 my father went to the courts and filed a real state affidavit he passed away in 2017 I became the Administrator of the estate I have two siblings and we are trying to sell the home the mortgage company would not except the real estate affidavit and... View More

Richard Sternberg
Richard Sternberg
answered on Feb 4, 2019

You desperately need a lawyer to assist you through probate, and the legal fees will easily be paid out of the sale proceeds from the house. This is a rather easy matter, and you are confused enough to lose the house in the confusion. If you have been appointed administrator of the estate, you need... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Virginia on
Q: Failure to protect client's interests; failure to exercise reasonable degree of care; failure to exercise ordinary care

Realtors licensed to do business in the state of Virginia failed to exercise fiduciary responsibilities to client; failed to protect client's interests, failed to exercise reasonable degree of care; failed to exercise ordinary care;

Richard Sternberg
Richard Sternberg
answered on Feb 2, 2019

Those seem to be your legal conclusions as might some day be reached by a court after trial. Perhaps you should review the facts with a lawyer privately and ask questions about whether your facts meet those legal standards.

1 Answer | Asked in Real Estate Law for Virginia on
Q: In Virginia, what's the document (instrument) that'd let me take back a house sold on owner financing the quickest???

Just in case a buyer defaults.

Also, looking for a great real estate attorney that is investor friendly in the northern virginia area that does signing appointments and/or closings. Please let me know anyone you recommend.=!

Richard Sternberg
Richard Sternberg
answered on Jan 29, 2019

Well, it’s customary for lawyers not to solicit clients on a forum like this when answering questions, but the form you are looking for is a Deed in Lieu of Foreclisure, assuming you closed the take-back note correctly and the borrower will consent. There are many issues to consider in a Deed in... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: VA home purchase. Owners covered up defects, so that inspectors would not see them. What is my recourse?
Richard Sternberg
Richard Sternberg
answered on Jan 25, 2019

You should speak to a lawyer. Virginia law prohibits concealing latent defects, misrepresentation of real estate, and other consumer frauds. Damages can include three times the cost of repairs, attorneys fees, and other damages.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Signed contract on house. Days later, court approved pending ordered sale to someone else. What is my standing/options?

Entered into a sales contract before the pending hearing date for a court ordered sale (HOA forcing sale of a property due to past due HOA fees). Court approved the contract for another higher-offering buyer. (I was not included in proceedings) The contract I entered into was executed before this... View More

Vincent Gallo
Vincent Gallo
answered on Jan 20, 2019

If the contract that you signed was contingent upon court approval, then you were probably out of luck.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can heirs of an original owner claim a portion of land which was reserved from a deed conveying the balance of the land?

John Doe died in 1877, leaving 120 acres of woodland. The land was sold by special commissioner, the deed reserving an old burial plot, about 70 x 70'. The new owner sold the land in parcels, one of which included the burying ground. The land was sold and resold several times without mention... View More

Richard Sternberg
Richard Sternberg
answered on Jan 15, 2019

Of course, the heirs can claim title. In most circumstances, I would then reiterate the teachings of a professor of mine from Penn, and I'd say that any idiot can make a claim if they have a pen, paper, and the filing fee. Usually, prospective clients want to know if they can win, and can be a... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: When putting in an offer on a home as the buyer is it my responsibility to give a dollar amount for closing costs in Va
Richard Sternberg
Richard Sternberg
answered on Jan 14, 2019

No, your offer should simply describe your offer in sufficient detail to be unambiguous. The allocation of closing costs is adequately described in every standard local or state contract form I have seen, though there are often other provisions that should be changed, such as extraordinary... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: How long is the unlawful detainer process against a family member, in Virgia Beach?
F. Paul Maloof
F. Paul Maloof
answered on Jan 9, 2019

My office is in Alexandria City. I have no experience with Virginia Beach. Sorry.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1

My adult son moved in with me after he got out of jail. He does not pay for anything or have a lease. He moved his girlfriend and her kids inand then gave me a sob story when I said for them to leave. A verbal agreement gave them until January 1 to leave and now they will not go. If I cannot... View More

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

Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease... View More

2 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Virginia on
Q: Can a former landlord sue for damages if he didn't notify as per required under the contract, hence then there are none?

I am suing in VA small claims for my sec deposit back because he never afforded me a walk thru, then it was only after I contacted him many months later about my deposit. He then said oh there is no money and then said, I actually owe him. I demanded my money and filed a suit. If I win as per the... View More

Andrew Strickland
Andrew Strickland
answered on Jan 9, 2019

Question: "If I win as per the terms of our contract (no proper notification,, no communication until way way later, no nothing) do the damages still exist then to sue me later?"

There's a few things going on with your question and some assumptions that I need to make in...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Received summons for unlawful detainer.Plaintiff decided to ask the judge to dismiss the case.do i need appear on date

Unfortunately i forgot to pay rent on time for Dec 2018. I paid the rent 2 days later via personal Check. Meanwhile management had added a late fee to rent amount & as per my request, manager waived off that late fee and told problem is solved as the rent is paid. But after 10 -15 days, I... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 8, 2019

To be safe, I would appear at court to make certain the case is dismissed.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I rent a apartment in Norfolk, VA. My lease is up Feb 28, 2018.

My lease said that he must give me at least 90 notice to increase the rent or change the terms. He only gave me 83 days notice. Can I make him stick to the old terms and not raise my rent?

j. Cancellation and Renewal of Lease: Either party may terminate this Lease effective as of the end of... View More

Richard Sternberg
Richard Sternberg
answered on Dec 27, 2018

Virginia courts are most likely to enforce leases exactly as they are written. You may, however, need to defend your position in court, and that may cost more than the amount in dispute. Most of the cases before the judge will have little or no defense, and there will be a large number of cases, so... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: If my lease is up on January 26th and the rental office has not sent a renewal notice to me, do I have to pay February

rent?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2018

The answer depends on what the lease says as to whether you can depart the lease on January 26th with no further obligations. If you are asking whether you may stay as a free permanent guest of the landlord because he fails to produce a renewal timely, that also depends on the lease, but it is... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Q: Can a jointly and severally liable clause be applied to me if a prior renter defaulted before I joined?

I joined into a lease to replace a person that vacated under default. The landlord did not disclose the fact that money was owed for the default when I joined the lease. Can I be held liable for the unpaid rent and broken lease fees?

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

It depends on how the lease is written, but if you replaced the other person, who may be held liable for the default.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Piggybacking off of my last question, would that also cover cabinets/countertops? Stated in the description below.

Can I be charged for items being renovated if the apt plans to use the old items (carpets, cabinets) in another apt?

I talked to a representative and she told me they plan to save as much as possible for other apartments and I will be charged for any damages to those. I have lived in my apt... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

Possible.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Can I be charged for items being renovated if the apt plans to use the old items (carpers, cabinets) in another apt?

I talked to a representative and she told me they plan to save as much as possible for other apartments and I will be charged for any damages to those. I have lived in my apt for 18 months and have small children so stains are inevitable. I am not trying to shirk my responsibilities but if they are... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 26, 2018

I have never heard of a landlord or landlord representative removing carpeting from one rental unit, reinstalling it in another unit and charging the tenant for the unusable carpeting. Generally, carpeting is a depreciable asset and the landlord is not entitled to charge the tenant for replacing... View 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.