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Residential Real Estate Closings
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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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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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Avoiding Real Estate Settlement Wire Fraud

Realtors: It’s all over the news here, here, and here. If you haven’t had the nightmare, someone you know has: your client receives an innocuous email and follow-up phone call from someone who claims to be from the Settlement Agent’s office updating their wire instructions. Wanting nothing to postpone the home purchase, your client complies Read More

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When Railroad Crossings Become a Real Estate Problem

Tucker’s Tips for Realtors and Lenders: Selling or Buying Land With A Railroad Crossing On It The Good News: Most railroad crossings in Virginia are over a state road and there are no issues with the legal ability to cross the railroad tracks (Just remember to obey the railroad signals and to look carefully both Read More

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William D. Tucker, III │Real Estate Closings & Winter Weather

Inclement weather causes delays in more than one way. Bad weather can cause Clerk’s Offices and other government agencies to close and as a result general delays in settlements.  But now it can also cause delays regarding the 3-day requirements for CDs to be delivered to the purchaser.  Due to weather, settlement agents and attorneys Read More

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2014 Memorial Day (Real Estate Closing Advice)

Good news! All the Clerk’s Offices, Banks and Attorney’s Offices will be closed on Monday, May 26 for Memorial Day (is summer really here?).  Remember, all closings which need to occur before Memorial Day should be completed by Friday, May 23. The Clerk’s Offices stop recording around 4 PM on Friday afternoon. Accordingly, all closings Read More

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A Nonconforming Building vs. an Illegal Building

There are a few exceptions to zoning that can help clear up issues with nonconforming buildings or structures. For example, what do you do if the survey shows that a house is built too close to the locality’s building setback lines?  Virginia Code Section §15.2-2307 provides that if a local government has issued a building Read More

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Don’t Let The Bank Delay Your Residential Closing

Due to recent updates in wire transfer guidelines, several major banks will not allow a client to wire funds out of their account to their Settlement Attorney unless the client goes to a local branch in person.  A number of clients have bank accounts in institutions that are out of state, like US Bank or Read More

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