VPAR DAY COURT: “REAL ESTATE LAWS YOU NEED TO KNOW”
WEDNESDAY, SEPTEMBER 12TH FROM 10AM – 12PM AT VPAR
1001 NORTH CAMPUS PARKWAY, HAMPTON VA 23666
2 HOURS LEGAL UPDATE CE , 2 HOURS BROKER MANAGEMENT CE OR 2 HOURS CURRENT INDUSTRY ISSUES PL CREDIT
INSTRUCTED BY VIRGINIA REALTORS® LEGAL COUNSEL TEAM
$20 – MEMBERS
OR CALL 757-599-5222
C & F MORTGAGE CORP.
WELLS FARGO HOME MORTGAGE
POA’S; SHORT SALES; CONTRACTS; ANTITRUST; PROPERTY MANAGEMENT AND MORE!!
VPAR SOCIAL – JULY 18TH, 2018 4:30 – 9:00 P.M.
Warmer weather is finally here! Meet us at the Movement Mortgage office at 4:30 p.m. for some food & beverages and then take the 2 minute walk over to the Styron Square for some listening to the area’s best music featuring Slapnation! The concert is FREE and all are welcome!
You can bring your own lawn chairs (no tents), blankets, food and drink – beer and wine allowed.
This VPAR Social is organized by the YPN Committee!
Join us for food & beverages at our sponsor Movement Mortgage’s office from 4:30 – 5:30 & then head over to the concert! We will try to create a VPAR section at the concert! Park at Movement’s Office at 1085 Loftis Blvd. in Port Warwick.
GRI Course Module 504 – Working with Buyers
Tuesday, July 17th 9:30 – 4:30 at VPAR.
CE and PL credit.
GRI Courses carry Post Licensing and Continuing Education credit – so you can earn a designation that carries no yearly fees and also work on your education requirements to boot!
|The Graduate REALTOR® Institute (GRI) is an education program and designation sponsored by the Virginia REALTORS® and is nationally recognized by NAR. This program focuses on developing and increasing participants’ professionalism and skill level in ways that positively affect their earning potential.
The GRI program consists of 10 one-day modules. The course modules may be completed in any order and will consist of 6 or 8 hours, including an exam at the end of the course.
COST: $90 per module. Please see the links to the flyers for more information.
VPAR REALTOR FEST TRADE SHOW
WIDE WORLD OF SPORTS – GET YOUR GAME ON!
Tuesday, September 18th, 2018 12:00 – 4:00 p.m.
Newport News Marriott at City Center
WE ARE LOOKING FOR SPONSORS AND VENDORS TO PARTICIPATE!
Vendor registration flyer:
Please complete this form and send to VPAR, 1001 North Campus Parkway, Hampton, VA, 23666 together with your check made payable to VPAR no later than September 11th to be included in printed materials. Space is limited and will be given on first come, first serve basis. Registrations paid by credit card (Visa, MC, AMX, or Discover) can be faxed to 757-596-3911. If you should have any questions, please call Jo McNamara at 599-5222 ext. 2521.
Doors will be open for set-up at 10:30 a.m. All vendors must have their booths ready for display by 12:00 p.m. Feel free to pick a sport and decorate your booth and/or dress the part! A 10’ space with a skirted (8’) table and 2 chairs will be provided. Each Vendor is limited to two (2) representatives at their booth. Additional representatives may attend for $20 per person. Door prizes are appreciated and encouraged and there will be a drawing for attendees near the end of the trade show.
A SOCIAL WILL FOLLOW THE TRADESHOW FROM 4-6 P.M. AT THE MARRIOTT BAR AND PATIO!
Almost a decade ago the General Assembly enacted legislation requiring landlords to remediate visible evidence of molds. More importantly, the same duty was imposed upon property managers who assumed maintenance responsibilities. This was a complete departure from Virginia law which prevented tenants from maintaining civil actions against a real estate licensee who acted exclusively on behalf of the landlord.
Earlier this month, the Virginia Supreme Court reviewed a decision from the Newport News Circuit Court in which the trial judge concluded that the enactment of this statute was intended to abrogate personal injury claims based upon negligent maintenance or remediation. I represented the landlord and property manager in this case and regrettably, the Virginia Supreme Court disagreed with the Trial Court’s legal conclusions, reversed the decision and returned the case to Newport News for further proceedings.
Also disappointing was the Supreme Court’s failure to address the extent to which mold remediation is required. The statute, as well as the Virginia Residential Landlord Tenant Act (“VRLTA”), defines visible mold as “the existence of mold in the dwelling unit that is visible to the naked eye by the landlord or tenant in areas within the interior of the dwelling unit readily accessible at the time of the move-in inspection.” I argued that because the molds accumulated months after the tenancy began, there was no duty to remediate as the molds were not visible at the time of the move-in inspection. This issue is now back before the Trial Court, but it is my considered opinion that the statute is clear and unambiguous. If the move-in report disclosed no visible evidence of mold, the duty to remediate stopped there.
While the duties and responsibilities continue to be addressed by Virginia tribunals, I offer the following recommendations to reduce the risks associated with mold.
- Give mold disclosures at the commencement of the lease, obtaining every tenants acknowledgement of receipt;
- If visible evidence of mold exists at move-in in readily accessible areas, “readily accessible” being defined as “areas within the interior of the dwelling unit available for observation at the time of the move-in inspection that do not require removal of materials, personal property, equipment or similar items”, postpone the tenants occupancy. The statue requires remediation in five (5) days, a practical impossibility.
- For molds that accumulate during the tenancy, although there is likely no statutory duty to remediate, the VRLTA requires premises to be maintained in a fit and habitable condition. Fortunately, for VRLTA violations, personal injury damages are not recoverable;
- In the remediation of molds, engage certified mold remediation contractors to ensure compliance with the requirement that the remediation is performed “in accordance with professional standards.” Virginia law does not entitle a tenant to recover damages caused by the negligence of an independent contractor;
- If a tenant reports mold accumulations, explore whether any occupant believes exposure to mold may have adverse health effects. If the tenant answers affirmatively or is uncertain, offer to terminate the lease, with owner approval, or relocate immediately;
- Negligence claims arise principally as a result of the failure to properly repair the source of water leaks and the failure to follow proper protocols in the remediation of mold. When a tenant communicates a service request for any condition that could lead to moisture or water conditions, give these special attention;
- Review property management agreements to ensure that the Owner is responsible for maintaining the premises in accordance with laws, regulations and local ordinances. DO NOT agree to except primary responsibility for maintenance, reserving only the right to effectuate emergency repairs;
- Most importantly, contact your commercial general liability and errors and omissions liability carriers to ensure that there is coverage for mold claims. Too often I find clients who are uninsured because of fungus, mold or pollution exclusions.
The issues related to mold remediation present a legal quagmire, particularly when Virginia courts have yet to definitively rule on what duties are owed by landlords and property managers. Consult with your legal counsel when you have questions regarding the proper course of action.
Herbert V. Kelly, Jr.| Jones, Blechman, Woltz & Kelly, P.C.
701 Town Center Drive, Suite 800, Newport News, VA 23606 | Direct 757.873.8149 | Fax: 757.873.8103
email@example.com | www.jbwk.com