John Tarley Real Estate Law Blog

Simply stated, caveat emptor means “ Read More

Hurricane Irene left a lot of damage in Virginia. Although the damage was not as great and widespread as caused by Hurricane Isabel, many of us had in excess of ten inches of rain and suffered from many fallen trees. This tree fell in my back yard.

We  previously blogged about issues arising when a Read More

Few real estate topics cause more disputes between owners than those
involving activities at a common boundary. We have reviewed boundary
line disputes involving trees that straddle property lines and fences that encroach upon boundary lines. A recent Portsmouth case highlights another issue relating to... Read More

Listing Agreements

No sooner had we posted our blog article on the enforceability of listing agreements even when they are not in writing, another recent case came to our attention. This case is from the New Kent County Circuit Court. This case is another example of the increasing... Read More

Frequently, a homeowner contemplating
renting out his property believes that he will be able to save money by
writing his own lease or using a do-it-yourself lease form found or
purchased online. Almost as frequently, the homeowner realizes too late
that if he had spent a little money up front to have an attorney prepare
a lease, or at least review his proposed lease, he could have saved
himself a lot of time, money, and... Read More

Although it’s only one case, and it probably will be appealed, a
Virginia federal court judge determined that a homeowners insurance
policy did not cover losses resulting from Chinese drywall. The case is TRAVCO Ins. Co. v. Ward.
Frankly, the decision is not surprising, but it does provide another
roadblock to homeowners looking for assistance in paying for drywall
replacement. Nothing has happened thus far, including the award of a
... Read More

Generally speaking a party can enforce an oral agreement. However,
courts will not enforce certain contracts unless they are in writing.
For example, under Virginia Code § 11-2,
commonly known as the Statute of Frauds, an agreement or contract for
services to be performed in the sale of real estate by a real estate
broker or real estate sales person is not enforceable... Read More