REAL ESTATE
Bringing Clarity to Complex Legal Issues
What We Do
Every real estate transaction involves a distinct set of circumstances and goals. Robert Frazier works closely with his clients to clearly understand the specific details involved in the real estate transaction at issue and tailors his advice and services to meet the client’s distinct goals for a particular contract.
Whether the transaction is between businesses or individuals, he is sensitive to the bottom line while protecting his clients’ rights and meeting their goals.
Real Estate Law
When buying or selling a property in Virginia, it’s vital to have a Virginia real estate attorney involved in the transaction to draft deeds, your sale or purchase agreements, and advise you on your legal rights.
Practice areas include:
Single – family residential properties
Multi – family residential properties
Commercial properties
Industrial properties
Short sales
Foreclosures
Leases
Frequently Asked Questions
How Old do you have to be to own real estate in Virginia?
You can be any age to own real estate, even an infant…but to sell it, or encumber it, you must be 18; otherwise, Court approval is necessary.
Is it required for a seller to disclose termite treatment?
Virginia law leans toward the idea of buyer beware. This idea is that a buyer has the duty to investigate the property and become fully educated on the property to be purchased. The seller does not have to provide a list of issues with the property. However, the seller must be honest when asked questions and cannot hide problems. The seller must also provide certain disclosures under Federal law.
Am I required to have a title search done on a property being purchased?
No, you’re not. If you are using the purchased property as collateral for a loan, the lender will require a title search but if you’re paying cash, it’s strictly up to you. However, purchasing property without a title search is akin to driving with a blindfold.
Does Virginia require an attorney for real estate transactions?
Although The Code of Virginia allows “non lawyers,” such as title insurance companies, to close real estate transactions, there are many benefits to spending a little extra to have a licensed attorney on your side. Deeds must be drafted by a licensed attorney in Virginia.
How do I avoid probate on real estate in Virginia?
One way is to execute and fund a trust. If all your assets are in a trust, they will pass through your trust instead of undergoing the probate process. Another way to avoid probate is to add beneficiary designations or “transfer on death” or “payable on death” designations on your bank accounts and other assets.
Does a POA need to be notarized in Virginia?
While Virginia does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Virginia law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine, meaning your POA is more ironclad. Any POA used in a real estate transaction that requires recordation with the circuit court must be notarized.