Trees! Beautiful, sometimes majestic. They afford us shade, privacy and of course, oxygen. But what happens when the benefits are outweighed by annoyance, or worse, actual harm or imminent danger of actual harm to an adjoining property.

I graduated law school in 1997. Over the years, I have been asked all kinds of legal questions by friends, acquaintances, colleagues and clients. I’ve also been asked to represent people in various areas of the law. I have turned down most of these requests or not been able to fully answer questions because it was not within my sphere of competence.

The sooner a buyer discovers a defect in their home after closing, the more likely it is the buyer will believe that the seller or listing agent did not disclose something they should have.

The question presented in Virginia is one of disclosure obligations.

While legal counsel may always be sought after in these scenarios, the following is a general analysis and clarification of rights and duties. To start with, a buyer must understand the significance of caveat emptor – buyer beware!

Virginia Code 54.1-2106.1 was revised to add new requirements for a real estate team.  New subsection D reads, “No group of individuals consisting of one or more real estate brokers or real estate salespersons, or a combination thereof, shall act as a real estate team without first obtaining a business entity salesperson's license from the Board.