Real Estate Listing Agreements for the sale of property: Are they enforceable even if not in writing?

October 30, 2014 on 1:20 pm | In General Interest, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

Generally speaking a party can enforce an oral agreement. However, courts will not enforce certain contracts unless they are in writing. For example, under Virginia Code § 11-2, commonly known as the Statute of Frauds, an agreement or contract for services to be performed in the sale of real estate by a real estate broker or real estate sales person is not enforceable “[u]nless a promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, is in writing and signed by the party to be charged or his agent . . . .”

Most real estate agents and brokers understand the importance of having written listing agreements with their sellers. However, a recent decision of the Supreme Court of Virginia points out that even in the absence of a written listing agreement, an oral listing contract may be enforceable if there is sufficient documentation to remove it from the bar to enforcement of the Statute of Frauds. The Virginia Supreme Court, in the case of C. Porter Vaughan, Inc., Realtors v. Most Reverend Francis X. DiLorenzo, Bishop of The Catholic Diocese of Richmond, 279 Va. 449, 689 S.E.2d 656 (2010), better defined what is meant by “sufficient documentation.”

House For Sale

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In litigation, you can’t always get what you want (especially if you don’t ask)

October 30, 2014 on 1:20 pm | In Construction litigation, Contributors, General Interest, HOA litigation, John Tarley, Real Estate Litigation, State & Federal Litigation | No Comments

It’s a fundamental rule in Virginia that the Plaintiff (the person filing a lawsuit) can only recover the relief requested in the Complaint. In a recent unpublished decision, the Virginia Supreme Court reaffirmed the requirement that a party can only get relief if they ask for it.

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Benefits of Community Associations Part 1: Are HOAs really as bad as some portray?

October 30, 2014 on 1:19 pm | In Common Interest Community, HOA, HOA litigation, Jason Howell, Real Estate Litigation, Real Estate Strategies, Susan B. Tarley, Unit Owners Association | No Comments

 

Community Associations have been the subject of a lot of bad press lately. An Associated Press article is typical of news reports that lambast associations. The article tells about a 55-and-older condo complex in Florida. According to the article, units in the Inlet House condo complex used to be worth $79,000, but sold for as little as $3,000 after rats started chewing through toilet seats and sewage started leaking from the ceiling. The article goes on to vilify the condo association for levying a $6,000 special assessment on residents and then foreclosing on owners who don’t pay their dues.

In its eagerness to blame the condo association for the woes of these senior citizens, the article and many blogs pointing out the “abuses of HOAs” miss an important point: the association may be the only group really looking out for the interests of the owners. Let’s look at what the article does not allege: it does not allege that the Association was responsible for the rat infestation or the sewage leak and it does not allege that the Association could have prevented the housing meltdown that contributed to the decline in property values.

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Part 2 of The Rule of Caveat Emptor in the Sale of Real Estate vs. a Seller’s Duty to Disclose

October 30, 2014 on 1:19 pm | In Construction litigation, General Interest, John Tarley, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation | No Comments

We wrote earlier about a Charlottesville case in which the court analyzed the duty to disclose for a seller of residential real estate. Although Virginia follows the general rule of caveat emptorthe court ruled that the seller, who was also a licensed real estate agent, may have violated a duty to disclose material adverse facts.

The purchasers alleged two other counts, alleging that the seller failed “to disclose the adjacent drain problems and history of flooding, constituting both fraudulent misrepresentation and constructive fraud.” The court dismissed those claims while providing a nice, succinct history of the law of fraud in the sale of a home. This blog post reviews the general rules of fraudulent misrepresentations in residential real estate sales.

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A New Twist on Identity Theft and Fraud: How can Realtors, Lenders, Title Companies and Law Firms Protect Your Clients and Yourselves?

October 30, 2014 on 1:19 pm | In General Interest, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation, Susan B. Tarley | No Comments

A case out of Virginia Beach underscores the deviousness of those who engage in identity theft. As reported in Virginia Lawyers Weekly, Guy Gugliotta owned two lots in Virginia Beach. A local realty company maintained contact with Gugliotta via mail in case he was interested in selling the lots. In 2012 someone purporting to be Gugliotta notified the tax assessors office to change the mailing address for tax bills. Then they notified the realty company that they had decided to sell the lots. The lots were listed for sale and in August, a purchaser made an offer.

The seller documents were handled via mail with the fraudulent seller executing documents in Florida and sending them to the closing agent. Deeds to transfer property require that the seller’s signature be notarized so surely this was the end of the road for the fraudster.

But no, not only did the thief take the identity of the owner; he also took the identity of a notary public in Florida. The notary public declared under oath that it was not his signature and that he had never notarized the documents.

Deed Continue reading “A New Twist on Identity Theft and Fraud: How can Realtors, Lenders, Title Companies and Law Firms Protect Your Clients and Yourselves?”

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Do you need an attorney to negotiate on your behalf?

March 31, 2014 on 10:31 am | In Business Planning, General Interest, Merger & Acquisition, Real Estate Litigation, Real Estate Strategies, State & Federal Litigation, Weekly Tweets | No Comments

This blog post comes from Jason Howell, our 2011 Summer Associate when he was a rising third-year law student at the William & Mary Law School. Jason is working with us this summer and debuts his first blog post.

Negotiation can be challenging. Whether you are negotiating the terms of a business agreement, trying to buy or sell property, or settling a dispute, getting to an agreement can be difficult. Even if you are successful in getting the other side to negotiate with you, you may feel at a disadvantage or worry that there is something in the final negotiated agreement you are missing.

Hiring an experienced attorney to represent you can give you advantages that can help you get to an acceptable agreement. By using an attorney in your negotiation, you can benefit from the attorney’s knowledge and skill, which can help you to reach your negotiation goals.

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2013 Legislative Update for Virginia HOAs

May 7, 2013 on 7:46 am | In Common Interest Community, HOA, HOA litigation, Land Use Planning, Real Estate Litigation, Real Estate Strategies, Susan B. Tarley, Unit Owners Association, Weekly Tweets | No Comments

The Virginia Legislative Action Committee (“LAC”) had a busy 2013 legislative session. This is my third year on the LAC and each year brings new challenges. Our mission is to monitor and influence legislation affecting community associations. This year I served as the Chair of the LAC and we monitored over 30 bills and were active on over 10 of the bills. We were successful in getting some bills tabled, some modified, and some passed. All of the bills cited below are effective July 1, 2013 unless otherwise noted. If you have any questions on the impact of these changes for your community, please let us know.

Williamsburg HOA and Business Law Firm

Legislation

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Eminent Domain is on the Virginia State Ballot for 2012

October 30, 2012 on 7:00 am | In Construction litigation, Land Use Planning, Real Estate Litigation, Real Estate Strategies, Weekly Tweets, Zoning | No Comments

The 2012 Election is right around the corner. In Virginia we have been inundated with political ads for the two presidential candidates, a side-effect to living in a swing state. However, we have not seen any political ads on the proposed Constitutional Amendment on the Virginia Ballot on November 6. This article will discuss the proposed Virginia Constitutional Amendment and hopefully provide you with facts and access to information you need to make your decision next week.

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There still are no winners in Virginia’s Chinese Drywall Cases

June 26, 2012 on 8:00 am | In Construction litigation, John Tarley, Real Estate Litigation, Weekly Tweets | No Comments

Recent news articles reported that a Norfolk Circuit Court awarded default judgment to several homeowners against Taishan Gypsum Company, a Chinese drywall manufacturer. However, as with the other outcomes in Virginia, it is unlikely that homeowners or building supply companies will receive any benefits from this decision.

 

Chinese Drywall complete remedition

 

 

When the corrosive drywall issues first became public, concerns were raised about two possible issues: a) health effects; and b) property damage. To date, both the Centers for Disease Control and the Consumer Product Safety Commission (“CPSC”) have found that “not enough information exists to determine the nature and magnitude of a potential health risk.” Furthermore, no deaths can be attributed to exposure to imported corrosive drywall. That is good news. Continue reading “There still are no winners in Virginia’s Chinese Drywall Cases”

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HOAs and Swimming Pools–Do you need to be ADA Compliant?

April 20, 2012 on 7:55 pm | In Common Interest Community, General Interest, HOA, HOA litigation, Real Estate Litigation, Unit Owners Association, Weekly Tweets | No Comments

Spring time is around the corner and the community pools will ready for the summer season. Homeowners Associations and Condominium Associations that own swimming pools, wading pools, or spas need to be aware of new requirements under the Americans with Disabilities Act (“ADA”). In July, 2010, the Justice Department issued new ADA Standards for Accessible Design, which include mandates for removing barriers to access to pools and spas. These new Standards apply to any private entity that operates a “place of public accommodation,” which may include an association. If an association limits use of its pool to its members and their guests, its pool does not fall under the requirements of the ADA. However, if an association allows non-members of the association to use its pool in exchange for some form of compensation, its pool may fall under the definition of a public accommodation. If it does, the association will have to comply with the new ADA Standards no later than March 15, 2012.

HOAs, Swimming Pool and the ADA Continue reading “HOAs and Swimming Pools–Do you need to be ADA Compliant?”

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