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Tag Archives: Real Estate

Condo owners cannot contest development decision (access required)

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

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Foreclosure dispute claims go forward (access required)

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

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Actual fraud claim survives demurrer (access required)

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

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Wife, whose breach of PSA was contempt, must pay fees (access required)

A wife who breached two sections of the couple’s property settlement agreement was properly held in civil contempt, the Virginia Court of Appeals has held. And under the PSA, she must pay her ex-husband’s attorneys’ fees for enforcing the agreement. ...

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Va. Cir.: Special warranty conveyance preserves interest in condos (access required)

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

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