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Legal Blog - Contract Issues
Jan 17, 2020
Your Legal Hotline Questions Answered
Q. Form updates are usually released in January and July. Why did NVAR release updates in December?
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Mar 4, 2019
Your Common Law Lease and POA Disclosure Packet Questions Answered
As of Jan. 1, 2019, there will no longer be a substantive difference between the common law landlord/tenant provisions and the Virginia Residential Landlord Tenant Act (VRLTA).
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Jan 7, 2019
Get 'Smart': Answers to Your Smart Home and Smart Contract Questions
With respect to listing the property, there are two separate issues. First, is there a security system in the property that records both audio and video?
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Oct 31, 2016
Why did NVAR change the home inspection process?
It is designed to give the Purchaser and Seller one clear time horizon in which to resolve all home inspection issues, come up with a resolution, and draft an addendum amending the contract.
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Sep 30, 2016
What happens if at the end of the Negotiation Period if the parties have not been able to reach an agreement?
If the parties are unable to reach an agreement by the end of the Negotiation Period, the Purchaser has an additional period of time to simply void the contract or choose to take the property in its current condition
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Sep 27, 2016
If the Seller does not respond at all during the Negotiation Period
Under the old Home Inspection Contingency, a Seller who wanted to void the contract would simply fail to respond to a counter-offer and the contract would automatically become void.
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Sep 23, 2016
What happens if the Seller responds to the Buyers Home Inspection Removal Addendum?
To avoid replicating this troubling scenario, we recommend a Negotiation Period of no less than seven days.
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Sep 20, 2016
I thought fees for resale packets were capped at 100. Why am I being charged more?
The fee for the packet or certificate now hinges on whether the association is professionally managed by a common interest community manager (CIC managed association).
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Sep 16, 2016
What exactly is a “common interest community manager?
A CIC manager is defined as a person or business entity that provides management services to an association for a fee or other compensation.
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Sep 13, 2016
A listing has more than 1 association. What are the fees?
The Code states that each association may charge the full fees allowed under the law.
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Sep 9, 2016
What am I actually getting for the extra fee?
The law states that the association or manager may only charge $50 for expedited delivery if the inspection and the delivery of the packet or certificate are completed within five business days of the request.
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Sep 7, 2016
I heard that fees are now deferred until settlement, but an association is asking for payment up front. How can this be?
For non-CIC managed associations, payment deferral options are less clear. The Code is silent about when payment is due for the initial packet or certificate request.
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Sep 5, 2016
I would like to order three hard copies of the packet or certificate. Will I be charged for the third one?
For CIC managed HOAs, the first two hard copies are included in the initial fee. The association may only charge $25 for each additional hard copy requested.
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Sep 2, 2016
I would like to order two copies of the packet or certificate update. Will I be charged for the second one?
If the update is requested by a buyer or a settlement agent, the seller or his agent shall receive a copy of it at no additional cost.
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Aug 30, 2016
My clients prefer to receive a paper copy of the packet or certificate, but the association prefers electronic delivery. Do I have to agree to electronic delivery?
The seller or his authorized agent may request that the packet or certificate be provided in either hard copy or electronic form.
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Aug 26, 2016
I ordered a packet or certificate and it was delivered, but upon review it is incomplete. What can I do?
A purchaser can accept the packet or certificate as is, or may cancel the contract.
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Aug 23, 2016
I need to order a new packet at cost. Can they do this?
There is no requirement that you pay the initial fees unless the request comes after the 12-month period has expired.
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Aug 19, 2016
What happens if the disclosure packet is not delivered within 14 days or if I received a disclosure packet that is dated more than 12 months ago?
You can accept the packet or certificate as is, or you may cancel the contract
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Aug 16, 2016
My client wants to order an updated packet. Can They?
You may accept the packet or certificate as is, or you may cancel the contract. If you agree to accept it as is, the purchaser may be liable for any non-compliance with the association rules.
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Aug 9, 2016
What can we do if an association or management company isnt following the law?
The CIC Board was established to regulate management companies and their supervisory and managerial employees.
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