Virginia Breach Of Contract Legal Questions

Yes.  The case would cover all damages caused by the contractor's breach, inclduing both the additional money you will have to pay to complete the job for which the contractor was engaged and the damages caused by the errors (which can be either the cost to fix or the diminution in the home's value, depending on the exact facts.  However, there may be lower courts where jurisdiction is limited to under $25,000, or a similar sum, so you have to make sure that you sue in the right court.  You can't do this in small claims court, for example.... Read More

It's very unlikely that an established attorney would handle this type of case for a set fee, because the attorney has no control over how much time he/she willll have to put in.  It may be that a settlement can be reached right away, or the defendant may insist on taking numerous depositions and making numerous motions, all of which the attorney would have to spend time on.  It's even less likely in a $20,000 case, since the set fee would have to be pretty low.  You might have a better chance if the contract required the loser to pay the winner's attorneys' fees, and the fee could be a set amount plus whatever the court awards as attorneys' fees.  Then if the defendant drags the case out, the lawyer could at least have a chance of recovering for the extra time.... Read More

Probably not.  I'm assuming you din't record the contract, which means that the buyer had no way to know that you had an interest in the property.  As what is known as a bona fide purchaser for value, the buyer has the right to enforce ithe sales contract.  In other words, since the buyer did notthing wrong, your recourse is against your brother.  You probably can't stop the transacton, but may be able to get money damages from your bother and sister-in-law. An oral contract with your brother to purchase real estate probably would not hold up, since contracts for the sale of real property are required to be in writing.   There are some exceptions where the parties are fiduciaries to each other, and brothers could be considered fiduciaries, but it's a long shot. However, you don't have an oral contract, you have a written contract.  The fact that it was lost does not mean that the contract was in writing, although obviously it will be much harder to prove that you had a written contract if you can't find it, but  there could be ways. For example, your brother may just admit it, and defenda on some other ground.  Or you may have an email between you and your brother referring to the written contract.  Or some other way.  It's a long shot, but not completely impossible.... Read More

Not sure what your question is, but you have a claim for your money damages (the greater of $50 or the amount the value of the item exceeded $50) or specific performance (to compel them to give you the item).  Unless Virginia law is very different from the other states, you have no claim for attorneys' fees absent a contractual provision providing for them (I assume  your contract had no such provision) or a statute authorizing them (I'm aware of none in this situation).  Even if you had such a right, you would only hae the right to collect reasonable attorneys' fees; you would not be able to hire "a great lawyer" and recover $250,000 in legal fees incurred on a $50 case.... Read More

You are not going to be able to remove yourself from these loans.  That's why they get co-signers - so if the primary person defaults or declares bankruptcy they can come after you.  That's why you should be really careful about who you co-sign things for, because you are basically assuming their responsibilit for the debt.  If you can't pay it, the only way out will probably to declare bankruptcy like she has done.  There are also some agencies that may help you negotiate it down to a smaller amount, if you would otherwise default on it.  But be careful because I think some of these places may be scams.   ... Read More

Anybody can sue anybody for anything.  If your story is believed by the Court, I think you would prevail in your lawsuit for breah of contract and possibly other statutory violations regarding providing habitable accomodations.  However, depending on the circumstances you may have to sue in the jurisdiction where the hotel is located).  Also, there is no guarantee (particularly without any evidence other than your testimony - did you take photos?) that the Court will not believe the hotel's side of the story.... Read More

First you must sue for breach of contract to obtain a judgment.  After you win the suit and obtain a judgment, there are many different collection procedures open to you, including garnishing wages or other monies being paid to the debtor, or seizing assets of the debtor and having them sold.  These procedures vary somewhat by jurisdiction, and I don't know what they are in Virginia, but, if you don't want to retain an attonrey to represent you (collection attonreys often work on contingency, meaning their fee is a percentage of what they collect for you) the clerk of the court may be able to hellp you.... Read More

Absent some facts of which I am not aware (e.g. you cosigned the loan at gunpoint), you can't.  When you co-signed the loan, it was for the benefit of the lender, and if you renege on that obligation it is not your grandson, but the lender, you are hurting.  You may feel that your grandson should stand on his own two feet, but the lender didn't rely on your grandson doing that; it relied on your promise that, if your grandson didn't meet his obligations, you would.  While you can't (again absent circumstances not apparent from your email) get out of being a cosigner, you can sue your grandson to repay you if you have to pay any part of the loan.... Read More

If you had a written agreement that he signed, that should be a valid enforceable contract.  It sounds like you may have to sue him to collect on it.  Depending on how much he owes you will determine whether you should file in the General District Court or the Circuit Court of the appropriate county. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.      ... Read More

I'm not sure what your question is, but you may very well have to sue this contractor for failing to complete the work pursuant to your contract.  Depending on the amount of money in question, you may have to file in the General District Court or the Circuit Court for the county in which your property is located. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

You have a contract with the IT company, and, assuming that what you write is true, the IT company breached it.  Most contracts are not required to be in writing to be enforceable (but a document certainly makes it easier to prove your case) and, even if you didn't have an enforceable contract, you could still sue for the amount of money you paid minus the reasonable value of the services the company provided. ... Read More

Probably not, if you are suing for breach of a contract to sell the house to you.  In most (if not all American) jurisdictions, a plaintiff who has commenced, or will shortly be commencing, an action which affects title to real property can file a "Notice of Pendency" or "lis pendens" (different names depending on which jurisdiction) against the property stating that he/she/it has a claim to ownership.  The lis pendens acts as a lien on the property, and usually effectively preventisi ts sale (theoretically, someone could buy the property, but it would still be subject to the lis pendens, just like if the property was sold without first satisfying a mortgage on it) during the pendency of the litigation.... Read More

Contracts do not have to be in writing.  You had an oral contract and they breached it.  If the amount was less than $5,000 then you should file in your local Small Claims division of the General District Court for your county. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

The line between civil and criminal matters is not always clear and I would need more information based on the nature of the relationship between the parties and what the circumstances were to determine whether your friend may be facing possible criminal charges. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

Most likely it is binding.  Contracts are valid when entered into by an authorized agent.  The wife was likely authorized by the husband to enter into the contract for him.  Even if the wife did not have ACTUAL authority, the contract would still  be valid if she had either IMPLIED authority or APPARENT authority.  Implied authority comes about in a situation where an agent holds a position where one would expect them to have authority, and the principal doesn't notify people with whom the agent deals about any limit on the agent's authority.  For example, the president of a corporation would normally be authorized to enter into a lease on the corporation's behalf, so if he/she did so, even if the corporation's board of directors had expressly told him that he could not, the lease would be valid (although the president would be liable to the corporation for the breach of his authority), unless the landlord knew the president didn't have authority.  Here, the argument would be (and there may well be case law on this but I'm not familiar with Virginia law), a spouse normally has authority to act on the other spouse's behalf, so the wife had implied authority to sign the contract.  Apparent authority is where the principal puts the agent in a position where third parties would assume the agent had authority.  For example, if a store owner asks a friend to watch the register for her while she mails a letter, customers would naturally assume that the friend had the normal authority a cashier would.  Here, the argument would be that the husband evidently allowed his wife to be in a position to sign the contract (without knowing the details I can't say exactly how.)  Also, even if the contract was void initially, if the husband learned that his wife had signed the contract and went along with it, he would have ratified the contract so that it became valid and enforceable.... Read More

There are no simple answers to your questions.  You cannot stop her from filing a lawsuit, but if she was let go for cause and she did not complete the work, I don't see how she would be entitled to be paid.  But I have not heard her side of the story, so I can't be sure what the facts will show.  i would also have to review the contract she is working under to see what it says.  There are many factors to be taken into account.  It is not entirely clear to me from your inquiry which side of this dispute you are on, but if you want to fight it or defend a lawsuit, you or the company should seek a lawyer to thoroughly review the case and make sure your rights are protected. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

There doesn't seem to be a question here, but I assume you want to know if you can sue her for the balance.  The answer is yes,  However, because you have no documentation, it may be your word against hers.  For example, if she claims that you forgave the balance of the loan, or only loaned her $1200 in the first place, or that she paid the remainder of the loan through doing work for you, etc., etc., it is possible that the Court will believe her.... Read More

Most contracts do not have to be in writing to be enforceable, and I see nothing in your situation which would require a writing.  Moreover, if a writing was required, you have the sales receipt and the text messages.  So you can sue the contractor.  The problem with verbal agreements is not usually that they are not enforceable, but that their exact terms are difficult to prove.  It is unlikely that the contractor's story will support your claims.  However, again, you have the sales receipt and text messages.... Read More

Breaking a lease, without the landlord's consent, is a breach of contract, and makes you liable for all damages suffered by the landlord as a direct result of the breach.  You are not absolved of your obligation to pay rent because you walk away.  If you had left with three months, or three years, left on the lease, you would be liable for three months', or three years', rent, unless the landlord is able to rent your apartment to someone else for the same or greater rent, or agrees to let you pay less.  In this case, you would be liable to pay rent until the new tenants move in, unless you can prove that your landlord unconditionally agreed to accept 10 days' rent from you in full settlement of your obligations under the lease.... Read More

Was the dealership a legal entity, like a corporation or llc?  If so, did the judgment debtor sell the assets, or the entity itself?  You can't tell  this just from the fact that they are using the same name to do business; the name itself may have been one of the assets sold. If, for example, the debtor is a corporation (your judgment would have to be against the corporation, not just some company name) which sold the cars to another person or entity, you can't have them sold to collect your judgment, no more than you can collect on your judgment by selling a car which the dealership sold to another consumer. If, however, the dealership itself was sold, for example if the dealership was a corporation and the shareholders sold their stock to someone else who is now operating the dealership, then the judgment debtor corporation still owns the cars and (if IBM owes you money, the fact that the shareholder of IBM are different today then they were when the debt accrued doesn't change anything), assuming you can meet all other requirements, you can have them sold to satisfy your judgment.... Read More