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 Real Estate Law for Virginia on
Q: Previous home owners left heavy equipment on our property we closed on in September. Is that now our property?
Richard Sternberg
Richard Sternberg
answered on Jul 10, 2018

It depends on the contract and Tennessee law regarding moveables. I would get an opinion before taking it, but it is very likely that you may notify them and then dispose of it.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can we provide a list of unsuccessful buyers on our house sale to our neighbor who will be marketing/FSBO their house?

We recently listed our house and got 6 offers on it and selected one purchase agreement; we are currently under contact to go to closing on July 23. Our next-door-neighbor is preparing to put her house on the market as a FSBO. She asked if it was possible for us to share the unsuccessful buyers... View More

Richard Sternberg
Richard Sternberg
answered on Jul 8, 2018

Of course, you may ask your listing agent for the information on the other bidders. Do not be surprised if the realtor does not wish to share them and, instead, tries to get the names of the neighbors who wish to sell. The penultimate reason that realtors put up signs on the properties they list,... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: If I have agreed to a seller's counteroffer on his land, can seller now consider a new buyer's offer and put me on hold?

We agreed to his terms last Saturday, he received another offer from someone else. He is now countering that offer and if that buyer agrees he will accept their offer over ours. Is this legal in state of Virginia?

Richard Sternberg
Richard Sternberg
answered on Jul 7, 2018

It was nothing until it is in writing. Oral agreements for land are not binding. Further, there is a regulatory layer that there are many elements, particularly disclosures, required for an offer or acceptance on residential real estate to be binding. If there was paper — or email — that might... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: if 3 people are willeda property in comon can one force the other 2 to sell even if 0ne of those 2 has homesteaded the l

property, done all maintaince, and paid all taxes. Property is in Montgomery Co, VA

Richard Sternberg
Richard Sternberg
answered on Jul 2, 2018

Generally, that is called a Petition for Sale in Lieu of Partition. The answer depends on facts you haven’t revealed. You need to consult with a lawyer who does real estate litigation in the county where the property is located.

1 Answer | Asked in Real Estate Law for Virginia on
Q: I am n virginia at a motel. I just got a 5 day notice served. They keep harrassing me for rent. What should I do?
Richard Sternberg
Richard Sternberg
answered on Jun 30, 2018

In Virginia, this isn't really a legal question. It is a social action, social welfare, or charity question. The hotelier has the right to get paid, regardless of how many children you have. Not only will summary dispossess be easy and prompt, but, if it isn't a landlord-tenant matter,... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: land deeded to mother and 7 siblings. If child #2 passes(no will)who gets his share? his kids or his siblings&mo

Passed before child was of age.

Richard Sternberg
Richard Sternberg
answered on Jun 30, 2018

Generally, in Virginia intestate succession, the children stand in the shoes of their deceased parents, but your description is sufficiently ambiguous that you should probably schedule a consult with a Virginia real estate or probate lawyer.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can someone add me to title of a property without my signature?

My mother passed away last year she had purchased a Time-Share years ago which has now been foreclosed on for failure to pay maintenance fees. The foreclosure listed me as well. I had never received anything prior to the foreclosure documents EVER addressed to my name. The lawyer for the time share... View More

Michael Hales
Michael Hales
answered on Jun 29, 2018

You can always deed property to another by filling out the forms, but the timeshare statutes that I'm aware of require acceptance by the transferee...you in this case. I'd recommend pressing this with the attorney for the resort.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I live in a income based apartment complex and I'm being forced to pay back rent that I was never told about til now.

I reported I was working and everything to the landlord but she never said I had to pay rent. The new landlord says I have to pay that plus my rent now. Is that true.

F. Paul Maloof
F. Paul Maloof
answered on Jun 20, 2018

If you have a written lease that specifies the rent, you are bound by the terms to pay the current and the back rent.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: My adult children's father passed,away in carrollton va. fathers name & live in girlfriend is on estate.

Are his biological children intitled to his portion of the home, as the girlfriend recently had her name added to the home, and is selling it. The father told me the kids were taken care of, but he passed away & the live in girlfriend

Is saying she knows nothing about that.... View More

Richard Sternberg
Richard Sternberg
answered on Jun 15, 2018

Someone needs to pay for a legal consultation and potentially an investigation before the house is sold. You need a title search and a court record search for a Will.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: I filed an unlawful detainer for a house I rent due to non-payment of rent April/May/June.

I filed an unlawful detainer for a house I rent due to non-payment of rent April/May/June.

-I mailed the 5-day pay/quit letter to the renter via priority mail w/ delivery confirmation (prior to attaining the detainer). The Court Clerk said this was ok, but am I required to send it... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 11, 2018

A 5 day notice to pay or quit may be mailed by first class mail, postage prepaid. The Judge will ask for a copy of the 5 day pay or quit notice when you appear at court.

As husband and wife being the landlord, generally the court will allow one of the spouses to be the plaintiff. Some...
View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: I want to petition for an increase lot size requirements in an R1 zone neighborhood. How do i go about doing this?

I live on Blue Mountain in Front Royal, Va. We are zoned R1 and the neighborhood is located in a Sanitary District. Through a FOIA, I have pulled permits for various lots around the area and these fly by night builders are building on expired permits. What can a citizen do to increase lot size... View More

Richard Sternberg
Richard Sternberg
answered on Jun 11, 2018

Changing zoning to up-zone property owned by someone else is going to be an uphill battle. There are tricks and skills, but it isn't going to be accomplished inexpensively, and it isn't going to happen based on an Internet-explored plan on a pro se budget. You need to sit down with a... View More

3 Answers | Asked in Family Law, Divorce and Real Estate Law for Virginia on
Q: If a spouse is not on a deed or mortgage and they get divorced in VA , does the spouse have any rights to home equity?

This is in the state of VA, home was purchased 20 yrs before marriage but some mortgage contributions were made by non-deeded spouse.

Sharon R. Moss
Sharon R. Moss
answered on Jun 8, 2018

If any mortgage payments were made during the marriage, then the spouse not on the deed may have a claim on some of the equity. Please speak to an attorney to for more specific advise on your case.

View More Answers

1 Answer | Asked in Real Estate Law for Virginia on
Q: Seller didn't comply with terms for our contract and now we have to extend. What if they don't agree?

Our terms were to have roof fixed (homeowners claim from storm), repair termite and moisture damage under house and inspect septic and fix any repairs. We were to close 3 weeks ago but nothing was fixed. They waited a week before close to inspect septic, found that it was so damaged it needs to be... View More

Richard Sternberg
Richard Sternberg
answered on Jun 7, 2018

It depends on the terms of the contract. Find a local lawyer for a review. I’m sure you are assuming I’m just ducking the question, but I could do that by clicking Delete. Contracts differ. Facts differ. You might have enforcement roghts... or you might not.

1 Answer | Asked in Real Estate Law for Virginia on
Q: Contract closing on or before 6/8/2018. Contract not void, property back on the market 6/3. Is that seller default?
Richard Sternberg
Richard Sternberg
answered on Jun 7, 2018

To give an accurate answer, a competent lawyer would need more facts and time to review the contract. Discussing the full set of facts in an open forum where the results are not privileged is, well, stupid. Consult a lawyer licensed in the jurisdiction, and do it before the property re-sells or... View More

1 Answer | Asked in Contracts and Real Estate Law for Virginia on
Q: Is a ratified contract valid if the seller shown is deceased + the will of the deceased has not been recorded?

Nothing in the Seller's information on the offer to purchase contract made any mention of the Seller's being deceased. Near the end, it changed to the initials of the son, then his name, again with no indication that he was the POA or only heir, and no death certificate. All that, with... View More

Richard Sternberg
Richard Sternberg
answered on Jun 6, 2018

Assuming we are talking about Virginia law, I need to know more if you are looking for a way out of the contract. That starts with an immediate contract review before deadlines in the contract pass. As to the concerns you’ve raised, they are unlikely to present an issue. There is no requirement... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: It's been 22 days since my AC broke in my apartment and they've yet to fix it. Can I get a discount or break my lease?

I notified them immediately when it broke and was made to believe it was fixed when it wasn't no they say they're waiting on the contractor and he's backed up but that shouldn't be my problem.

Richard Sternberg
Richard Sternberg
answered on Jun 1, 2018

Don't pay June rent. Tell them you are withholding rent to pay the A/C guy. Get the most expensive guy in town. Pay the money to him to come out now on weekend rates. Call or email the Housing Department of James City County at Keith.Denny@jamescitycountyva.gov and ask where to file a housing... View More

1 Answer | Asked in Real Estate Law for Virginia on
Q: Can seller recoup any damages from buyer's agent or buyer, if agent failed to disclose certain items

Buyer and seller entered into agreement in early April and closing was to take place the end of April. The buyer's agent never disclosed that she was the buyer's daughter. The agreement was for a conventional loan with 5% down payment. The letter from the lender was for a conventional... View More

Richard Sternberg
Richard Sternberg
answered on May 25, 2018

You should sit down with a lawyer to review the actual contract with special attention to the financing paragraph. But, before spending too much time on that, make an outline with receipts for what damages were caused by the delay. Non-economic damages, like annoyance, pain, suffering, etc. don’t... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Is this legal?

Mother and daughter signed a 2 year lease. After a year and a half, mother marries a military. She asks me to take her daughter off of lease and add her new husband who is military and now she tells me that they are deployed and is moving out at the end of the month. She was the original leaser and... View More

F. Paul Maloof
F. Paul Maloof
answered on May 24, 2018

It is legal to amend the lease and will be binding if the landlord and the tenant signed it. If the lease has a clause that addresses military folks, the landlord is bound by the lease's terms.

3 Answers | Asked in Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: Husband moved joint owned both pay mtg do I have to reimburse his half he didnt live in it

He chose to move getting divorce and will split equity he wants what he pd back since didn't live here

L. Ilaine  Upton
L. Ilaine Upton
answered on May 17, 2018

This issue should be addressed in either your separation agreement or your final decree of divorce.

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for Virginia on
Q: In Virginia if someone has a life estate, are they responsible for the maintenance and upkeep of the property
Richard Sternberg
Richard Sternberg
answered on May 15, 2018

Waste is always prohibited. The definition of waste is much more complicated, but it puts a floor under the duty to maintain the property.

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.