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Charlottesville Real Estate Attorney
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TUCKER’S TIP: SPECIFIC POWER OF ATTORNEY OBSERVATIONS

Specific Powers of Attorney can be a useful legal tool for many clients buying and selling real estate. Some pointers about using Specific Powers of Attorney for real estate transactions are as follows: Most lenders prohibit Settlement Attorneys and/or other related parties (e.g., realtors) from serving as POAs: plan accordingly. The contract should name the Read More

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Navigating Easements: Lessons from the Supreme Court of Virginia Case Horn v. Webb, decided 02/09/2023

The Supreme Court of Virginia recently took up the issue of easements regarding a dispute between two neighbors over the use of their property near a lake. One neighbor (the Horns), wanted to store small boats such as canoes and skiffs on the other neighbor’s property (the Webbs). The Horns also wanted to continue to Read More

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Get it in Writing: The Statute of Frauds, Explained

Jasmine and Malik had been searching for their dream home for months. Finally, they found the perfect property, a beautiful house with a large backyard, in a quiet neighborhood. They put in an offer and after some negotiation, the seller accepted. They were thrilled and started making plans to move in. However, a few weeks Read More

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How To Spot A Real Estate Seller Scam!

With the growing capabilities of our ever-advancing technological world comes the threat of impersonation by scammers everywhere. It’s happened several times already across Virginia, South Carolina, and the nation. The good news is following these tips can help you avoid being a victim: Be especially cautious of vacant land sales, as these are prime targets Read More

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Specific Power of Attorney Observations for Real Estate Transactions

Specific Powers of Attorney can be a useful legal tool for many clients buying and selling real estate. Some pointers about using Specific Powers of Attorney for real estate transactions are as follows: Most lenders prohibit Settlement Attorneys and/or other related parties (e.g., realtors) from serving as POAs: plan accordingly. The contract should name the Read More

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Resolving Property Disputes

Real Estate Attorney Property disputes left unresolved can turn into ugly legal fights down the road. Call us for a consultation. We create solutions for our clients. William D. Tucker, III – Real Estate Settlement Attorney Contact us today for an Initial Consultation – It’s the first step to protecting your property and your family. Examples Read More

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VAR Contract & HOA Restrictions │ Attorney William D. Tucker, III

Tucker’s Tips  Tip 17-2016: VAR Contract and HOA Restrictions Tucker’s Tip 16-2016 discussed that in some situations where there is “no HOA,” there still may be a set of restrictions and covenants that limit the Purchaser’s use of the property. If a recorded set of CCRs or other type of restrictions governs property not in Read More

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No HOA – Double Check │ Attorney William D. Tucker, III

Tip 16-2016: NO HOA – Double Check! The VAR Contract, in Paragraph 23, “The Property Owners Association Disclosure”, indicates whether or not the property being purchased is within a Home Owners Association (HOA). However, just because the “Is Not Located” box is checked does not necessarily mean the property is free from a set of Read More

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The No Financing Affidavit │ Attorney William D. Tucker, III

Tucker’s Tips The No Financing Affidavit Assuming the Seller has no outstanding loans on the Property being sold (Deeds of Trust, HELOCS, Equity Lines), the Purchaser’s title company, while doing the title search, will find there is no mortgage on the property. The title company will accordingly request that the Seller sign a “No Financing Read More

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William D. Tucker, III │ Last Minute Changes on the CD

Tucker’s Tips  Tip 13-2016:  TRID – Last Minute Changes on the CD Here is another example of why it’s important to stay flexible during the closing process now dictated by TRID regulations. Although lenders theoretically have to tell the Purchaser how much money is needed for the closing well in advance of the actual settlement, Read More

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