Why Hire a Real Estate Attorney?

Hire a Winchester, VA, real estate attorney to make sure you don't get surprised.If you plan to purchase real estate in Virginia, you should do your due diligence before you close on the property and you should hire a real estate attorney. Absent outright fraud, sellers are not required to disclose, for example, an ongoing disagreement with a neighbor over the use or location of an easement, or a disagreement over a fence on the neighbor’s property. Nor are the sellers required to volunteer that the field next to the property was just sold to a developer.

Buyers do have some protection through title insurance; however, the best protection is enlisting a real estate attorney to look out for their interests. A buyer’s attorney should review the contract of purchase with them (preferably before they sign), review the title policy exceptions with them, and advise them regarding a survey. Buyers may believe that having their own attorney is an extra expense, but that expense before they close can save much more after closing. Buyers who move from out-of-state, especially from states where home buyers have more protection, are often surprised by Virginia real estate law, which requires the buyers who wish to file a complaint against the sellers after closing to meet a high standard of proof of fraud.

A buyer’s real estate attorney can also add contingencies to the real estate contract of purchase before it is signed to protect the buyer’s interests, such as a home inspection contingency and a study period. During the study period the buyers can, for example, determine whether the zoning allows them to have a home office, whether that field next door can be developed and the maximum number of homes the zoning allows, whether they have adequate wi-fi service if they sometimes work from home, and whether the recent addition to their home had a building permit and was built to code.

A Realtor is Not a Real Estate Attorney

Just because you have a Realtor does not mean you will have all the protection you need. A Realtor, especially one who is a dual agent (meaning they represent both the seller and the buyer), has disclosure rules they have to follow which do not always protect the buyer.

In conclusion, real estate buyers beware! The attorney handling the closing for the sellers or the title company is not your attorney and is not required to know your needs or wishes. The purchase of real estate is a major investment in dollars, in future value for resale and also in your long-term peace at home. Hire your own real estate attorney!

If you are a resident of Winchester, VA, Frederick County, Northern Virginia, or anywhere in between and are looking for an attorney with experience in business law, estate planning, equine law, real estate law, or civil litigation, contact Joan Fine today.

Contract Mistakes: “It Looks Legitimate”

Yes, you should always have your attorney review a contract to purchase a business or real estate or a lease before you sign the document. Most legal problems that come to me are the result of a poorly drafted or one-sided document. Legitimacy is only one concern; just because “an attorney” drafted a document does not mean that it serves your interests, unless the drafting attorney was your attorney. Your attorney will look out for your interests.

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Mechanic’s Liens Against Real Estate


A mechanic’s lien is established and governed by Virginia statutes. They protect contractors and subcontractors who have not been paid for their services and provide specific steps for contractors and subcontractors to file a lien against the real estate they added value to.

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What is Probate Litigation and How Can You Avoid It?

Is someone you know involved in a family dispute after a parent has died? Over a Will? Family land? A family business? In legal terms, these are probate disputes. The usual trigger for a probate dispute is an unmet expectation of one or more of the beneficiaries.

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Business Succession Plan

Having a Succession Plan is Important

A closely held business, especially a family business, needs a succession plan. A succession plan should be part of an overall business plan, just like profit and loss projections, product and marketing plans. Questions such as: Who will take over when the owner retires? Will the business be sold? To a co-owner? To an outsider? Who are the possible buyers? When will the business be sold? All of these questions need to be addressed.

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Get Evidence Early – Landlord/Tenant Conflict

I recently took over a landlord/tenant case representing the landlord with substantial damage to the property when the tenant left. The landlord had drafted the lease using a document he found online. When we reviewed his evidence, I discovered the following weaknesses:

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Litigation I – Options

A client recently retained me to take over a lawsuit that had already been filed. After reviewing the documents and meeting with the client, it became apparent that the client didn’t realize that he would have to testify at trial in order to have his photographs and other exhibits admitted into evidence. The client was adamant about not wanting to testify and be cross-examined.

“I never realized I would have to testify at trial when I filed the lawsuit,” he said.

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