Virginia Lawyers Weekly VA Lawyers Weekly

A Richmond Circuit Court says plaintiff borrower may proceed with her claim for breach of contract alleging defendant bank “back dated” a 30-day notice to cure required under the deed of trust prior to foreclosure on her property, but the ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

A liquidated damages provision in a real estate contract that would allow seller to keep buyer’s $50,000 deposit and seek additional remedies is unenforceable, a Fairfax Circuit Court holds. Seller and buyer entered into a real estate contract for a ...

Tagged with: Contract Fairfax County Circuit Court Judge Charles James Maxfield Virginia Circuit Courts

Hermès, a luxury brand of consumer goods, proves that the landlord for its store near Tysons Corner Center Mall breached a lease provision promising to maintain a “mix” of tenants such as Tiffany, Fendi and Gucci, and a Fairfax Circuit ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Real Estate Virginia Circuit Courts

A trial court did not have authority to enter a decree of sale of appellant’s property, subject to special assessments for a Community Development Authority, for delinquency in payment of real estate taxes and special assessments; the Supreme Court of ...

Tagged with: Justice LeRoy F. Millette Jr. Real Estate Virginia Court of Appeals

Although wife signed a contract to sell the 200-year-old home she owned with husband, when the buyers sued for rescission based on husband’s fraudulent concealment of foundation sill damage, the trial court found no wrongdoing by wife, and the Supreme ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

An “as is” sale of a 200-year-old home did not absolve the husband homeowner from a charge of fraudulent inducement and the buyers win rescission of the contract, but the Supreme Court of Virginia reverses an award of damages that ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

In this suit by petitioning landowners against defendant VEPCO, a Hanover County Circuit Court excludes as expert witnesses for petitioners a real estate broker and a real estate appraiser to support petitioners’ claims about the impact of having high-voltage transmission ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

A Hanover County Circuit Court upholds a board of supervisors’ denial of appellant business’s application for an extension of its Conditional Use Permit for a destination commerce sign on its property. To make a prima facie showing that the denial ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Real Estate Virginia Circuit Courts

An Albemarle County Circuit Court denies a permanent injunction to plaintiff investment partnership in its action alleging nuisance and trespass claims arising from diversion of stormwater onto plaintiffs’ property from a stormwater management system that includes a 72-inch pipe; given ...

Tagged with: Albemarle County Circuit Court Judge Cheryl V. Higgins Real Estate Virginia Circuit Courts

In this action stemming from an expansion effort by plaintiff gas line company to build nearly 100 miles of interstate natural gas pipeline through Virginia’s Southside region, a Richmond U.S. District Court grants the company’s motion for summary judgment. Plaintiff’s ...

Tagged with: Judge Henry E. Hudson Real Estate U.S. District Court - Eastern District