• 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

Real Estate FAQ Hampton Roads, Virginia

Brian, what is the difference between special and general warranty, and should my buyers be worried?

A general warranty seller warrants (promises or guarantees) that he holds clear title to the property and has a right to sell it. This warranty covers (all) problems created back in the chain of title. A special warranty seller, however, basically only promises or guarantees that he has not created a title problem. Obviously then general warranty is better than special warranty.

Read the remainder of the answer here in the Lytle Law Weekly Letter 

 

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, we primarily serve 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

Page copy protected against web site content infringement by Copyscape

Williamsburg Va real estate search

Hampton Roads Real Estate FAQ Legal Questions :When should a home seller cancel their insurance ?

Question : Brian, when should my sellers cancel their homeowner’s insurance?

 

Answer :

 

 

To be safe sellers should not cancel until the deed is recorded,

the payoff is received, and they have proceeds in hand.

Sellers want to cancel as soon as possible because they get

the balance of their premium refunded. But they should make

sure they are no longer deemed to be the owners of the property

because they run the risk that they will be responsible for a loss

without insurance to pay for it (a house fire for example).

Read more here`

 

 

lytle-letter-10-13-08

 

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, we primarily serve 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 here.  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

Page copy protected against web site content infringement by Copyscape

Williamsburg Va real estate search

 

Hampton Roads Real Estate Legal Issues -I Swear, Agents as Notaries

 

 Legal Corner

I Swear, Agents as Notaries

Your man on the legal corner is quite concerned and has been for some time that agents who are also

notaries are not paying attention to the requirements imposed by that office.

 

A notary acts as an official, unbiased witness to the identity and signature of the person who

comes before the notary for a specific purpose. The person may be taking an oath, giving oral

or written testimony or signing or acknowledging his or her signature on a legal document. In

each case, the notary attests that certain formalities have been observed. The key function is to

be certain that the person appearing before the notary is who that person claims to be. A notary

who fails to perform notarial acts in accordance with the law may be sued for damages caused

by their official misconduct or prosecuted criminally. The employer of a notary may also be

liable for the notary’s misconduct under certain conditions.

The most common mistake I think agents make when acting as a notary is to not require the act

be done in their presence. A notary must have the person sign or acknowledge a pre existing

signature in the notary’s presence. That bears not just underlining but repeating: the act must

be done in the notary’s presence. It is not permissible for you to notarize a signature that was

not signed before you even if you are super ‐duper‐absolutely‐positively‐cross‐your‐heart sure

(the highest legal standard there is, of course) the person you think signed actually signed. So,

for example, it is not appropriate for you to notarize a client’s signature that was signed in

California but not notarized there even if the client tells you over the phone that the signature is

genuine. There may soon come a day when “in one’s presence” will incorporate video

conferencing or Internet cameras, but for now, at least in Virginia, they do not.

 

Another common mistake is that agent/notaries fail to require identification of someone who is

not personally known to them. You may not take a person’s word that they are who they say

they are, and you may not take a third party’s word that someone is who he or she says they

are. That is simply not appropriate. Additionally, if a document or acknowledgement calls for

the person to be under oath (uses the words affidavit or oath or sworn and subscribed) then you

must swear the person in. Frankly, my experience has been that most notaries, not just agent

notaries, frequently ignore this requirement. I realize that it can be embarrassing to ask

someone to raise his or her right hand and swear to tell the truth, etc. but you must do so.

 

Lastly, to resolve one common misconception, Virginia law does not require a notary to own a

seal or use a seal on any document although lenders frequently want them.

Legal Corner

©

Brian D. Lytle, Esq., Lytle Law, P.C. 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.

Please feel free to email the author at

bdlytle@lytlelaw.com

 

if you have any questions about this article or have a topic to suggest for a future article.

FAQ Legal Questions Hampton Roads Real Estate

FAQ: Brian, the seller died before we could close on our home in Hampton Roads, Virginia, can the buyer make the seller’s heirs honor the contract?

ANSWER:  Yes.

The Virginia Supreme Court answered this question in the affirmative in the case of Moore’s Adm’rs v. Fitz Randolph, 33 Va. 175 (1835).  This result is true not only in Virginia, but to my knowledge in all fifty states.  In many jurisdictions the answer will turn on whether the contract contains language stating that it is “binding on the heirs” of the parties.  Curiously, The REIN Standard Purchase Agreement no longer contains that language (the VAR contract still does), but the law (at least it seems in Virginia) presumes that it is meant to be binding on the seller’s estate anyway.
 
Sometimes the seller dies before the deed is executed and so the question becomes: who will sign the deed?  Again, Virginia law provides a pretty clear answer.  Va. Code § 64.1-148 provides that “When any deceased person shall have executed and delivered a bona fide written contract of sale, purchase option, or other agreement binding such deceased person, his heirs, personal representatives, or assigns, to convey any real property or interest therein, his personal representatives may, upon full compliance by the purchaser with the terms and conditions of such contract, option or agreement execute a deed and do all things necessary to effect the transfer of title to such real property or interest therein to the purchaser and such transfer shall be as effective as if it had been made by the deceased obligor.”
 
It may well be that closing will be delayed somewhat when a seller dies (for example, if the seller had not signed the deed you might need someone to qualify on the estate in order to sign the deed), but as you can see it is clear that the buyer can insist and require the estate to conclude the transaction.

Is the reverse true?  Can a seller require a deceased buyer’s estate to perform the contract?  While in theory it is true (the case above refused to answer that converse question), bear in mind the practical nature of our modern contracts – financing based on the buyer’s income not to mention actually being alive, owner occupancy, etc. would almost certainly dictate a different result.  Perhaps if the contract were a straightforward, non-personalized, cash deal one could bind a buyer’s estate.  Otherwise I would say no.
 
Brian Lytle Esq.

A brief  review by Real Estate Attorney Brian Lytle Esq. www.LytleLaw.com 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.

Brian 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, we primarily serve the Virginia Peninsula (Hampton, Newport News, York County, James City County and Williamsburg), but we also regularly serve surrounding areas, to include Suffolk, Isle of Wight, Gloucester and the greater Tidewater, Virginia area.

Copyright © 2008 Brian D. Lytle. Reprinted here with permission.

For further information about real estate in Williamsburg, James City, New Kent or York County Virginia 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

Williamsburg Real Estate Resource. Search for Homes & Land for sale in Williamsburg Virginia & surrounding areas click here :CLICK HERE WILLIAMSBURG VA MLS HOME SEARCH

CLICK HERE FOR Real Estate Home Search Tidewater Hampton Roads Va

 

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

Page copy protected against web site content infringement by Copyscape

Williamsburg Va real estate search