• psst … I’m a Realtor! Thanks for stopping by my website. I would love to help you find your dream home and community in the Hampton Roads or Williamsburg area or to sell your existing home. This website is authored by local resident and REALTOR, John Womeldorf. John is known around town as Mr. Williamsburg, for both his extensive knowledge of Hampton Roads and the historic triangle, and his expertise in the local real estate market. His websites, WilliamsburgsRealEstate.com and Mr Williamsburg.com were created as a resource for folks who are exploring a move to Williamsburg, VA , Hampton Roads VA and the surrounding areas of the Virginia Peninsula. On his website you can search homes for sale , foreclosures, 55+ active adult communities, condos and town homes , land and commercial property for sale in Williamsburg, Yorktown, New Kent, Poquoson, and Gloucester, VA as well as surrounding markets of Carrolton, Chesapeake,Gloucester, Hampton, Isle of Wight, Portsmouth Mathews, Newport News Norfolk, Poquoson, Smithfield, , Suffolk, Surry, Va Beach, Yorktown and York County Virginia You can reach John by email John@MrWilliamsburg.com or phone @ 757-254-813

Newport News, VA Development Update Oyster Point Village

Atlanta-based SJ Collins Enterprises won a bid from the William and Mary Real Estate Foundation to deliver a mixed use lifestyle center in Newport News, a project worth $118 million.Located at the intersection  of Jefferson Avenue amd Oyster Point Road, Oyster Point Village will be located on a greenfield site of 43.5 acres.

The development will combine 325 residential units,  260,000 square feet of retail stores and restaurants, 50,000 square feet of office space and a 150-room hotel. 
About 20 percent of the development is dedicated to green spaces and small parks. Wide, landscaped sidewalks and bike trails will promote a pedestrian-friendly community and connect to Jefferson Lab.

William and Mary’s real estate foundation owns the site having

acquired it in 1989 from the state after it received the property from the federal government. Originally, the college planned to partner with the nearby Department of Energy’s Thomas Jefferson National Accelerator Facility, or Jefferson Lab, and develop an office and research park there. That project never materialized.

If the rezoning is approved by the Newport News City Council, SJ Collins will buy the tract for $18.5 million from William and Mary. The contract to buy the tract hinges on the rezoning. The developer expects to file the rezoning application within a month.

If approved construction of  Oyster Point Village would begin in 2010 and wrap up in 2011.

The developer is negotiating leases with national tenants that nearby City Center at Oyster Point and Port Warwick haven’t been able to attract. According to the developer some of these potential stores/ tenants are unique to the Peninsula, and some are unique to the region. Two possible tenants switched focus to this potential development from Virginia Beach for their first entry into the Hampton Roads market.

This is the first time SJ Collins has partnered with a university. The company beat out 10 other bids to develop the property last February, according to Jim Golden, vice president of strategic initiatives for the college.

If the sale goes through, the college has no further financial interest in the project, according to Golden.

This isn’t the first time William and Mary has been involved with a development. The college has sold parcels for the 300-acre New Town project in Williamsburg, modeled on the town center concept. Golden said there are still residential parcels for sale.

SJ Collins, whose expertise is retail development, developed the 470,000-square-foot Albermarle Village in Charlottesville and the 87,722-square-foot Short Pump Station outside of Richmond.

Divaris Real Estate Inc. is the leasing agent for the Newport News and Richmond retail sites. Gerald Divaris, chairman of Divaris, said his firm won the contract for leasing Oyster Point Village a year ago. Construction is expected to begin on the entire project in 2010 and be completed by 2011.

The developer is touting Oyster Point Village as a project that is different from other mixed use projects in Newport News, including Port Warwick and City Center, both of which boast the “live, work and play” theme.

“The seamless integration of retail, entertainment, office, residential and hospitality will create a true live, work, play community, but the incorporation of pedestrian-scale design elements along with open, green spaces creates an interactive gathering place that will emerge as a community amenity,” said Jeff Garrison, partner, SJ Collins Enterprises, in a prepared statement.

“While these developments deliver upscale office, residential and hospitality alternatives, City Center and Port Warwick do not establish a retail environment that attracts national, specialty retailers seeking a lifestyle venue with significant retail anchors,” Garrison said.

City Center features a combination of office, residential and hospitality supported by ancillary retail that aligns with office traffic patterns and uses, Garrison said. Port Warwick integrates residential with service offices and boutique retail and restaurants that primarily cater to its residents, Garrison said. “Oyster Point Village is a different development type with a different vision. Newport News is no longer a blue-collar bedroom community.”

Location Map of Oyster Point Village, Newport News, VA

 

Map picture

Selling shares in property

 

 

 

Brian, three brothers inherited property and one brother wants to sell his share to one of his brothers; does the third brother have to give permission?

The short answer is no, no permission is necessary. This question illustrates a couple of different principles.

The first principle is the nature of property passing by way of will or intestacy (no will). Whether heirs take title via a will (if by will they are rightly called devisees) or by intestacy (rightly called heirs) they take and hold title as

tenants in common without right of survivorship

You can read the rest of the answer here in the Lytle Law weekly lytle-letter-11-24-08

Lytle Law is a general practice law firm located in Newport News, Virginia. From two office locations on the Virginia Peninsula we serve clients and try cases across the Commonwealth including the Peninsula, Newport News, Hampton, Williamsburg, James City and York County areas. Lytle Law has the experience and ability to satisfy nearly all of a client’s legal needs, and where we believe we need help we will either associate appropriate counsel or provide a referral. www.LytleLaw.com

Brian Lytle is the president of Lytle Title www.LytleTitle.com Lytle Title & Escrow, LLC a Virginia licensed, insured, and bonded real estate settlement company doing business as Lytle Title. With offices in Newport News and WIlliamsburg, Virginia,  primarily serving the Virginia Peninsula (Hampton, Newport News, York County,Poquoson, James City County and Williamsburg), but we also regularly serve surrounding areas, to include New Kent, West Point, Suffolk, Isle of Wight, Gloucester and the greater Tidewater and Hampton Roads areas of Virginia.

Brian D. Lytle, Esq., Lytle Law, P.C. www.lytlelaw.com  Reprinted with permission of the author. 

 The law may have changed since this article was written and published so caution is advised.

I have posted this article as a local REALTOR living and working in the Williamsburg Va area. I would be happy to assist you in buying or selling a  home there.  Click this link to search all real estate ,homes, condos town homes ,new and resale  currently for sale in New Town/ James City County Williamsburg VA

Click here to search all other real estate/ homes, condos ,townhomes, land for sale in the Williamsburg, James City, New Kent or York County Virginia

Click here to search for real estate,land,homes,condomiuns, town homes, commercial, in any of the following areas through the REIN MLS Database ( real estate information network) Chesapeake, Gloucester, Emporia, Greenvile, Hampton, Isle of Wight, Mathews,  Newport News, Norfolk, Northampton,  Poquoson, Portsmouth, Smithfield, Southampton, Suffolk, Sussex, Surry, VA Beach, York, Yorktown, Virginia

FAQ Real Estate Legal Questions Hampton Roads Virginia

Brian, I’ve got a real estate transaction closing where we can’t get the home repairs done in time. What do I do?

Hmmm. I suppose it is too late to fuss about repair timing. Perhaps that wasn’t the agent’s fault anyway (didn’t ask).

The first thing you do not do, and I get asked this quite often, is blithely have the seller write a personal check to the buyer at closing for the cost of the repairs.

 

You can read the rest of the answer here : lytle-letter-11-10-08

 

Lytle Law is a general practice law firm located in Newport News, Virginia. From two office locations on the Virginia Peninsula we serve clients and try cases across the Commonwealth including the Peninsula, Newport News, Hampton, Williamsburg, James City and York County areas. Lytle Law has the experience and ability to satisfy nearly all of a client’s legal needs, and where we believe we need help we will either associate appropriate counsel or provide a referral. www.LytleLaw.com

Brian Lytle is the president of Lytle Title www.LytleTitle.com Lytle Title & Escrow, LLC a Virginia licensed, insured, and bonded real estate settlement company doing business as Lytle Title. With offices in Newport News and WIlliamsburg, Virginia,  primarily serving the Virginia Peninsula (Hampton, Newport News, York County,Poquoson, James City County and Williamsburg), but we also regularly serve surrounding areas, to include New Kent, West Point, Suffolk, Isle of Wight, Gloucester and the greater Tidewater and Hampton Roads areas of Virginia.

Brian D. Lytle, Esq., Lytle Law, P.C. www.lytlelaw.com  Reprinted with permission of the author. 

 The law may have changed since this article was written and published so caution is advised.

I have posted this article as a local REALTOR living and working in the Williamsburg Va area. I would be happy to assist you in buying or selling a  home there.  Click this link to search all real estate ,homes, condos town homes ,new and resale  currently for sale in New Town/ James City County Williamsburg VA

Click here to search all other real estate/ homes, condos ,townhomes, land for sale in the Williamsburg, James City, New Kent or York County Virginia

Click here to search for real estate,land,homes,condomiuns, town homes, commercial, in any of the following areas through the REIN MLS Database ( real estate information network) Chesapeake, Gloucester, Emporia, Greenvile, Hampton, Isle of Wight, Mathews,  Newport News, Norfolk, Northampton,  Poquoson, Portsmouth, Smithfield, Southampton, Suffolk, Sussex, Surry, VA Beach, York, Yorktown, Virginia

Click here to search real estate, land, homes, condos, town homes, commercial in the following counties of North Carolina Camden, Chowan, Currituck, Dare, Elizabeth City, Gates, Hertford, Moyock, Pasquotank, Perquimans using the REIN MLS Database

contact: John Womeldorf/ REALTOR

Liz Moore & Associates

757 254 8136

John@MrWilliamsburg.com email

www.MrWilliamsburg.com/ website

www.MrBurg.com website

www.MrTidewater.com/ website

www.MrVaBeach.com/ website

 

My other area Real Estate and Information Blogs for Hampton Roads/ Tidewater/ Williamsburg Virignia and surrounding areas

Williamsburg Real Estate Blog II

Williamsburg Real Estate Blog

Williamsburg Happenings/ Events Blog

 

Williamsburg Va real estate search

 Page copy protected against web site content infringement by Copyscape

   

 

 

 

Waiving rights when buying property Hampton Roads Real Estate FAQ

Brian, can a home buyer waive their rights under the

 

Virginia Property Owner’s Association Act?

In a word, no. Va. Code § 55-509.4, which sets forth the Act’s

contract disclosure requirements and rights of cancellation, says:

Read the rest of the answer here lytle law-letter-10-27-08

Lytle Law is a general practice law firm located in Newport News, Virginia. From two office locations on the Virginia Peninsula we serve clients and try cases across the Commonwealth including the Peninsula, Newport News, Hampton, Williamsburg, James City and York County areas. Lytle Law has the experience and ability to satisfy nearly all of a client’s legal needs, and where we believe we need help we will either associate appropriate counsel or provide a referral. www.LytleLaw.com

Brian Lytle is the president of Lytle Title www.LytleTitle.com Lytle Title & Escrow, LLC a Virginia licensed, insured, and bonded real estate settlement company doing business as Lytle Title. With offices in Newport News and WIlliamsburg, Virginia,  primarily serving the Virginia Peninsula (Hampton, Newport News, York County,Poquoson, James City County and Williamsburg), but we also regularly serve surrounding areas, to include New Kent, West Point, Suffolk, Isle of Wight, Gloucester and the greater Tidewater and Hampton Roads areas of Virginia.

Brian D. Lytle, Esq., Lytle Law, P.C. www.lytlelaw.com  Reprinted with permission of the author. 

 The law may have changed since this article was written and published so caution is advised.

I have posted this article as a local REALTOR living and working in the Williamsburg Va area. I would be happy to assist you in buying or selling a  home there.  Click this link to search all real estate ,homes, condos town homes ,new and resale  currently for sale in New Town/ James City County Williamsburg VA

Click here to search all other real estate/ homes, condos ,townhomes, land for sale in the Williamsburg, James City, New Kent or York County Virginia

Click here to search for real estate,land,homes,condomiuns, town homes, commercial, in any of the following areas through the REIN MLS Database ( real estate information network) Chesapeake, Gloucester, Emporia, Greenvile, Hampton, Isle of Wight, Mathews,  Newport News, Norfolk, Northampton,  Poquoson, Portsmouth, Smithfield, Southampton, Suffolk, Sussex, Surry, VA Beach, York, Yorktown, Virginia

Click here to search real estate, land, homes, condos, town homes, commercial in the following counties of North Carolina Camden, Chowan, Currituck, Dare, Elizabeth City, Gates, Hertford, Moyock, Pasquotank, Perquimans using the REIN MLS Database

contact: John Womeldorf/ REALTOR

Liz Moore & Associates

757 254 8136

John@MrWilliamsburg.com email

www.MrWilliamsburg.com/ website

www.MrBurg.com website

www.MrTidewater.com/ website

www.MrVaBeach.com/ website

 

My other area Real Estate and Information Blogs for Hampton Roads/ Tidewater/ Williamsburg Virignia and surrounding areas

Williamsburg Real Estate Blog II

Williamsburg Real Estate Blog

Williamsburg Happenings/ Events Blog

 

Williamsburg Va real estate search

 Page copy protected against web site content infringement by Copyscape

  

 

Contingency in Real Estate Contract FAQ Hampton Roads Real Estate

What is a contingency? Black’s Law Dictionary defines a contingency contract as “a contract, part of performance of which at least is dependent on the happening of a contingency.” It goes on to define the word contingency as “an event which may occur” and says that the term contingent, when applied to a legal right or interest, “implies that no present interest exits, and that whether such interest or right ever will exist depends upon a future uncertain event.”

So, in theory when one makes a contract or one’s performance under a contract contingent upon a stated event, then that event must occur else the duty ceases or never becomes operable.

Read the rest of the article here : lytle-law-article-reprint-contingencies

Lytle Law is a general practice law firm located in Newport News, Virginia. From two office locations on the Virginia Peninsula we serve clients and try cases across the Commonwealth including the Peninsula, Newport News, Hampton, Williamsburg, James City and York County areas. Lytle Law has the experience and ability to satisfy nearly all of a client’s legal needs, and where we believe we need help we will either associate appropriate counsel or provide a referral. www.LytleLaw.com

Brian Lytle is the president of Lytle Title www.LytleTitle.com Lytle Title & Escrow, LLC a Virginia licensed, insured, and bonded real estate settlement company doing business as Lytle Title. With offices in Newport News and WIlliamsburg, Virginia,  primarily serving the Virginia Peninsula (Hampton, Newport News, York County,Poquoson, James City County and Williamsburg), but we also regularly serve surrounding areas, to include New Kent, West Point, Suffolk, Isle of Wight, Gloucester and the greater Tidewater and Hampton Roads areas of Virginia.

 

 Brian D. Lytle, Esq., Lytle Law, P.C. http://www.lytlelaw.com Reprinted with permission of the author. This article was originally published in the Realtor Update , a publication of the Virginia Peninsula Association of Realtors ®

 The law may have changed since this article was written and published so caution is advised.

I have posted this article as a local REALTOR living and working in the Williamsburg Va area. I would be happy to assist you in buying or selling a  home there.  Click this link to search all real estate ,homes, condos town homes ,new and resale  currently for sale in New Town/ James City County Williamsburg VA

Click here to search all other real estate/ homes, condos ,townhomes, land for sale in the Williamsburg, James City, New Kent or York County Virginia

Click here to search for real estate,land,homes,condomiuns, town homes, commercial, in any of the following areas through the REIN MLS Database ( real estate information network) Chesapeake, Gloucester, Emporia, Greenvile, Hampton, Isle of Wight, Mathews,  Newport News, Norfolk, Northampton,  Poquoson, Portsmouth, Smithfield, Southampton, Suffolk, Sussex, Surry, VA Beach, York, Yorktown, Virginia

Click here to search real estate, land, homes, condos, town homes, commercial in the following counties of North Carolina Camden, Chowan, Currituck, Dare, Elizabeth City, Gates, Hertford, Moyock, Pasquotank, Perquimans using the REIN MLS Database

contact: John Womeldorf/ REALTOR

Liz Moore & Associates

757 254 8136

John@MrWilliamsburg.com email

www.MrWilliamsburg.com/ website

www.MrBurg.com website

www.MrHamptonroads.com/ website

www.MrTidewater.com/ website

www.MrVaBeach.com/ website

 

My other area Real Estate and Information Blogs for Hampton Roads/ Tidewater/ Williamsburg Virignia and surrounding areas

Williamsburg Real Estate Blog II

Williamsburg Real Estate Blog

Williamsburg Happenings/ Events Blog

Williamsburg Va real estate search

 

Is it okay to strike the general warranty, state of title, and mechanic’s lien clauses from the contract?

FAQ : Brian, the seller wants to change or strike the general warranty, state of title, and/or mechanic’s lien clauses from the contract, is this ok for my buyer?

Answer : No, it is not ok.  Explanation below (and come to the October 13 Roundtable for an even better explanation from First American regarding title insurance!).

The current market has generated more than the usual normal number of institutional sellers such as REOs, institutional investors, relocation companies, foreclosed property re-sales, and simply investor-buyers-turned-sellers.  And these companies seem loathe to take any risk, real or imagined, and since many are out-of-state they are not familiar with Virginia law, custom, or practice.  As a result I am being asked quite frequently whether it is ok, from a buyer’s standpoint, to permit such a seller to strike or change the paragraph or paragraphs that address title warranty, state of title, and mechanic’s liens.  These sellers want to strike that language on the theory that they were not owner occupants and do not want to make any warranties or promises regarding the property; rather, they want to minimize or eliminate any potential liability whatsoever (at least what they perceive as liability).  
 
The REIN contract, at paragraph 8, provides (in part) that:
 
Seller shall convey marketable and insurable title to the property by general warranty deed, unless otherwise specified below, subject to any easements covenants and restrictions of record, which do not adversely affect the use of the property for residential purposes.
 
The REIN contract also provides, in paragraph 7, again in relevant part, that:
 
At settlement, seller shall execute and deliver (i) the deed, (ii) a mechanic’s lien affidavit acceptable to buyer’s title insurance company, and (iii) such certificates and agreements as may be required by state and federal authorities for tax and residency purposes.

First, as a buyer’s agent you simply cannot permit a seller to strike the clear, marketable and insurable provisions of the contract.  If you do then your buyer client has no remedy if the seller cannot deliver clear title – the buyer has to close  with bad title – and a title insurance company will not insure against known defects so that does not help.  Since clear title cannot be delivered and title insurance cannot obtained the lender will not make the loan, thus the buyer can argue that the financing contingency is not satisfied and the buyer need not close, but I worry that in response the seller could point to the language in the contract that says handwritten or notated provisions control boilerplate printed ones.  I think the buyer wins, but having to go to court to find out isn’t exactly what Bobby had in mind. 
 
I am not so much concerned about such a seller striking the general warranty deed clause, or more likely, changing it to special warranty (even to quitclaim).  While it is certainly better to have a seller convey by general warranty, that disadvantage can be mitigated by having the buyer purchase an enhanced owner’s title insurance policy.  However, you must retain the language regarding clear, marketable and insurable title otherwise your buyer may be forced to accept an owner’s title insurance policy with exceptions, that is, the title insurance company disavows any responsibility for insuring against a particular, known, problem.  In the trade we say that they “take exception” to the problem (read: buyer you are out of luck).
 
Lastly, the provision regarding mechanic’s liens is extremely important.  Lenders require affirmative coverage against mechanic’s liens.  Since they are at risk for a problem they cannot discover or eliminate, title insurance companies, including First American (the company we use), insist upon receiving an affidavit from the seller regarding the absence of work by a contractor or supplier for which a mechanic’s lien could be filed or claimed.  Title insurance companies will not issue a policy without it, and since the lender requires it, the net effect is that you simply cannot close the transaction.  This problem was/is acute enough that REIN included the requirement for it in the contract, and the Virginia General Assembly made it Virginia law.  I just concluded a recent transaction where the seller struck this language (and the buyer agreed) and the title insurance company would not insure without the affidavit.  Despite me pointing out the Virginia law that obligated the seller to provide the affidavit, they would not.  After fighting the battle for a couple of weeks we finally reached a reasonable compromise and the deal closed, but it was not a situation that lent itself to agent/broker/lawyer sanity or client satisfaction.  So please do not allow a seller to strike that requirement, and if you are trying to write a deal and the seller wants to strike it, please contact me and I will help you (and the seller) get past that dispute.  
 
Note that the VAR contract has the same language in paragraph 19 regarding the mechanic’s lien affidavit, and similar obligations with respect to title at paragraph 13.  So there is no practical difference between those of you writing on the REIN contract and those of you writing on the WAAR VAR contract.
 
As always, I think you for your business and please do not hesitate to call, email or visit me if you have any questions or problems I can help you with.

 

51 Reasons to love living in Newport News

51 Reasons To Love Living In
Newport News

Local artifacts at the Mariner’s Museum
Excellent public and private schools
Port Warwick – named after the fictional town in William Styron’s novel, Lie Down in Darkness
Newport News Victory Arch, built to commemorate the Great War
Historic architecture in Hilton Village,
Huntington Heights and downtown area
Birthplace of Ella Fitzgerald (jazz singer), Allen Iverson (pro- basketball) and William Styron
(author of Sophie’s Choice)
Thomas Jefferson National Accelerator Facility
The Los Angeles-class submarine USS Newport News named in the town’s honor
Liz Moore and Associates
The world’s largest ship builder
The Noland Trail, a 5 mile walking and running trail around Lake Maury
Newport News Park Celebration of Lights at Christmas
Deer Run Golf Course and Kiln Creek Golf Course
Consecutive State High School Basketball Champions
Cozzie’s Comedy Club
Great German food at Das Waldcafe
Local productions at Yoder’s Theater
James River Fishing Pier and
Huntington Beach
Achievable Dreams Tennis Court
Great exhibits at the Virginia Living Museum
Pedal boating and fishing on
Harwood’s Mill
Hektor, the Puerto Rican one man band at El Mariachi’s
Ferguson Center for the Performing Arts
Peninsula Skating Center
Greek Hellenic Center (great Greek food during Greek Week!)
Denbigh Days
Oyster Point Business Park
Great shopping and restaurants at City Center
A bargain hunter’s delight at the Jefferson Flea Market
94,000 square feet of recreational space at the Mid Town Community Center
31 parks, including Newport News Park, the largest municipal park east of the Mississippi
2 great general hospitals, plus the brand new Children’s Hospital of the King’s Daughters
Newport News/Williamsburg International Airport – so convenient!
Endview Plantation, a civil war history museum
A public dog park
Living History events at Lee Hall Mansion
Christopher Newport University
Newsome House Museum & Cultural Center
Patrick Henry Mall
2 AMF Bowling Centers
Peninsula Fine Arts Center
Peninsula SPCA & Petting Zoo
Real home cooking at the Lunch Bell
Virginia War Museum
Fort Fun
Peninsula Skating Center
Blue Ribbon public high schools
YMCA
Amtrak train station