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Disclaimer Does Not Excuse Concealment

March 09, 2015

Can a seller of property be held liable for fraud for concealing a defect in the property when he has provided a residential property disclaimer statement and the buyer has had the property inspected by two different property inspectors? According...

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Tax Law – Portability & the Double Basis Step-up

February 05, 2015

We are now in an environment where estate tax planning for income tax purposes is both a real possibility and a virtual necessity to create efficient estate plans from both a transfer tax and an income tax perspective. There are several reasons...

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Assistance Animals and Fair Housing

December 04, 2014

Imagine a newly-minted real estate licensee acting as a rental agent for residential property. The agent knows the property inside and out, including all restrictions applicable to the use of the property. Those restrictions include a prohibition...

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3 Little Known Facts About Field Sobriety Tests In Virginia

July 27, 2014

Your Weight May Be A Defense One of the tests you perform in the SFSTs is the One-Leg Stand test. When the tests were conducted it was concluded that people who are overweight by 50 or more pounds had difficulty performing this test. If you are...

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Arthur Walker: Spy or Sap

July 11, 2014

Over the years I have reflected on the wild ride that surrounded Arthur’s arrest, indictment and trial. I have also thought of him – the man. I have never been able to decide if he was a spy or a sap. There is no doubt that Arthur took...

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AN ALFORD PLEA LEADING TO MORE TRIALS?

May 19, 2014

Tonya Bundick has been granted the right to approximately 60 separate trials on the approximately 60 charges of arson she faces arising from the fires on the Eastern Shore. She has already been found guilty of one offense of arson and one offense...

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When Are Public School Funds “Expended”?

May 06, 2014

In Portsmouth this issue has become contested. Each year, all Virginia public school divisions are required to prepare an annual budget for operating their respective schools and the “locality” is obligated by statute to fund a portion of the...

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YOU CAN REFUSE FIELD SOBRIETY TESTS

May 02, 2014

This article will focus on the popular misconception surrounding Standardized Field Sobriety Tests (“SFST”). In Virginia, there are laws that require a driver to provide their identification (Virginia Code 46.2-104) or to submit to a breath or...

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EXPUNGEMENT IN VIRGINIA: THE BRUTAL TRUTH

April 29, 2014

Almost weekly, I get a call from someone asking me to help them with an expungement in Virginia. Typically, they want to wipe out “old” charges from their record. The reasons vary: employment and educational applications, security clearance...

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Foreign Bank Account Reporting: The Dragon has Teeth

April 16, 2014

A little known and sometimes extremely troublesome reporting requirement exists for United States persons who own foreign bank accounts in various countries around the world. To the extent that such accounts exceed the aggregate value of...

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