Consent-to-Sell Provisions Are Ambiguous

Buyer-Only Arbitration Clause Unenforceable

By Deborah Elkins
Published: February 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Andre M. Davis, Real Estate

A real estate contract clause that required the buyer – but not the seller – to submit to arbitration is unenforceable under Maryland law for lack of mutual consideration, and the 4th Circuit affirms judgment for plaintiff buyers who are seeking return of their deposit on a luxury home after they were unable to obtain [...]

Parties Should Discuss Discovery Issues

By Deborah Elkins
Published: February 25, 2013
Tags: Contract, Judge Clifford R. Weckstein, Salem Circuit Court, Virginia Circuit Courts

In this long-running contract dispute between a homeowner and a home builder, a Salem Circuit Court denies a motion to reconsider and motions to compel and admonishes the lawyers that “ad hominem attacks, bitterness and biting sarcasm upon or about opposing counsel” are not consistent with the standards of professionalism endorsed by the Supreme Court [...]

Church Says Zoning Violates RLUIPA

By Deborah Elkins
Published: February 6, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Diana Gribbon Motz, Real Estate

The 4th Circuit reverses summary judgment for Montgomery County, Md., in a megachurch’s challenge to zoning regulations that prevented the church from building a new facility in an area zoned as “rural density transfer zone”; the church says the county’s actions violated the Religious Land Use and Institutionalized Persons Act. Bethel World Outreach Ministries’ principal [...]

Stone House Owners Want to Limit Quarrying

By Deborah Elkins
Published: February 4, 2013
Tags: Judge James C. Turk, Real Estate, U.S. District Court - Western District

Plaintiffs who own an 18th century colonial “Stone House” on a 100-acre tract in Buchanan have stated a claim for a declaratory judgment in their lawsuit seeking to limit limestone quarrying on the property by the owner of the mineral rights, under multiple deeds dating from 1849; the Roanoke U.S. District Court denies the mineral [...]

Landlord Says No Early Termination

By Deborah Elkins
Published: February 4, 2013
Tags: Judge James C. Cacheris, Real Estate, U.S. District Court - Eastern District

Although plaintiff, a commercial tenant, seeks a quick resolution of its right to early termination of a Lease for the use of space by government contractors who have relocated, the Alexandria U.S. District Court says the parties must first conduct discovery and then consider seeking summary judgment. Plaintiff Schaefer Corporation is the tenant and defendant [...]

Owner Says Utility Has No Easement

By Deborah Elkins
Published: January 29, 2013
Tags: Judge Rebecca Beach Smith, Real Estate, U.S. District Court - Eastern District

A public utility company says a property owner’s fence, pool and shed interfere with the utility’s easement, but the property owner has stated a counterclaim for inverse condemnation in the utility company’s declaratory judgment action, the Norfolk U.S. District Court says. The owner contends Columbia Gas Transmission’s claim of a right to prohibit and/or exclude [...]

No Duty of Impartiality for Trustee

By Deborah Elkins
Published: January 29, 2013
Tags: Judge M. Hannah Lauck, Real Estate, U.S. District Court - Eastern District

Plaintiffs who lost their homes to foreclosure have not stated claims for a trustee’s breach of an alleged duty of impartiality, but the Richmond U.S. District Court Magistrate Judge will allow plaintiffs to amend their claims for breach of fiduciary duty and violation of RICO laws. The complaints fail to state a claim for the [...]

Buyer Wins Specific Performance, Can Close Now

By Deborah Elkins
Published: January 17, 2013
Tags: Judge Edward W. Hanson Jr., Real Estate, Virginia Beach Circuit Court, Virginia Circuit Courts

As the defendant has failed to show by clear and convincing evidence that the plaintiff real estate buyer failed to cancel, rescind or otherwise repudiate the purchase contract, the Virginia Beach Circuit Court grants judgment for plaintiff and orders specific performance of the contract. The main defense of defendant seller is that the buyer cancelled [...]

Liquidated Damage Upheld for Mall Lease

By Deborah Elkins
Published: January 17, 2013
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Real Estate, Virginia Circuit Courts

The parties’ commercial lease for a wireless services store contains a valid liquidated damages clause calling for the balance of rent due under the term of the lease, which is not unconscionable under the controlling Maryland law; the Fairfax Circuit Court orders judgment for plaintiff lessor, a shopping mall, requiring defendant tenant to pay $70,644.85, [...]