This is a very common question pertaining to the relative rights between unmarried couples who co-own property. In other words, home ownership among nonmarried couples. Typically, a boyfriend-girlfriend decide to buy real estate together and the deed lists both of them as co-owners of the property. Soon, things go south and the parties start fighting over whatever property they shared or owned. In this case, the issue of which party or parties are signatories to the mortgage is also important in determining what the relative rights of the parties are in this scenario. If you are on title to a ..read more

Most businesses lease commercial space under the name of the corporate entity if the business operates as such. It is not unusual for a landlord to require the principals of the business-tenant to execute security instruments called guarantees. These instruments serve to allow the landlord to sue the principals of the business- tenant ("Guarantors") in the event the business-tenant defaults on its lease obligations. If you are presented with a Guaranty along with the proposed lease. Please be aware that it is more than likely that you will be presented with a document that not just a guaranty ..read more

Purpose of an Advance Medical Directive The primary purpose of an Advance Medical Directive ("AMD"), also called a Living Will, is to provide instructions to your doctors and family as to how you wish to be cared for if you are no longer able to communicate your wishes. If you are hospitalized and being kept alive by artificial means, you have the choice to determine the level of care to be performed. You also have the choice of the person that will make choices for you and ensure your wishes are honored ("Patient Advocate"). The Patient Advocate should be a person whom you trust and believe w ..read more

The decision as to how one plans for the transfer of one's assets at death are largely dependent on the type of assets, value of the assets and concerns regarding if the public has access to those plans. Your Virginia Real Estate Lawyers stand ready to assist you. Last Will and Testament ("Will") The Last Will and Testament is an instrument in which an individual provides instructions as to how his belongings ("Estate") will be distributed at death. It appoints a person that will carry out those instructions and comply with the filing of taxes, and arranging for burial instructions, and distri ..read more

Situations It is not unusual for a party to a real estate transaction to be unavailable to personally execute the voluminous number of documents required at closing. In some cases, the signatory is out of the State or Country, in others the signatory may be hospitalized or otherwise not competent to personally execute a conveyance or purchase of property. In each of these, a power of attorney ("POA") may be used to allow another person to execute for the principal. However, there are important issues to understand which may impact the ability for a POA to be used. Types of POAs There are two f ..read more

With the current economic and health problems in the country, businesses may consider sharing a commercial space with another business to reduce their costs. Whether you are a prospective Sub-Tenant or the Sub-Landlord, the process and considerations are similar.  Vetting / Examination of the Main or Primary Lease The Primary Lease is the agreement between the fee owner or the property to the Primary Tenant. This document may consist of several amendments and assignments, all of which must be examined by your attorney to determine if your new Landlord or Sub-Landlord's rights to lease or ..read more

We are often asked by business owners if their business partner can "lock them out" of the business, which usually means restricting their access to the businesses bank accounts. Under these circumstances, the injured owner who has been frozen out of the business has certain options that he can follow. First, take a careful look at the governing documents of the LLC or corporation, that is, the operating agreement or bylaws respectively. If the governing documents state any conditions that allow for member dissociation or withdrawal, then examine those closely to determine if those conditions ..read more

Our firm is often asked if one co-owner of a business, say a member in an LLC, can fire his co-member for allegedly stealing money or something else of value from the business. Can you as one co-owner fire the other co-owner allegedly for stealing money from the business? The answer depends on several factors discussed in this article. As always, your Business Partnership Lawyer is here to help.  First, take a careful look at the governing documents of the LLC or corporation, that is, the operating agreement or bylaws respectively. If the governing documents state any conditions that allo ..read more

Our office is often contacted by homeowners whose property has been damaged by a contractor during a home remodeling project. What's worse is that the contractor is discovered not to have a license, as required by Virginia law, so filing a complaint with the Virginia Department of Professional and Occupational Regulation (DPOR) would serve no good. So what are your options as a homeowner in Virginia? Definition of A "Contractor" Under Virginia Code 54.1-1100: Virginia Code § 54.1-1100 defines a "Contractor" very broadly as follows: "Contractor" means any person, that for a fixed price, commiss ..read more

The answer to this depends on the factors discussed below. For today's business owners, entrepreneurs and investors, personal guarantees requiring them to put their entire personal wealth at risk are an unpleasant fact of business life. This article provides some guidance on how to navigate this issue with the help of an example. In short, it depends on whether you undertook personal liability for the debts of the business. Sample Personal Liability Clause in Commercial Contracts. Let's take the following example: Little Tran wants to open a restaurant in Fairfax Virginia. He opens a corporati ..read more