Author Archives: John Colby Cowherd

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Attorney protecting the rights of Virginia & D.C. property owners. Cowherd PLC (703) 884-2894
Property Inspections Real Estate Agents

Accepting a New Contract During an Earnest Money Deposit Dispute

On July 31, 2014, I posted about a recent Fairfax Circuit Court opinion concerning Earnest Money Deposits (“EMD’s”). The seller, Sagatov Builders, LLC, sued buyer Christian Hunt. Mr. Hunt had entered into a contract and later failed to make the EMD or complete closing. The Court refused to allow the seller to sue the buyer […]

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Fraud & Misrepresentation Real Estate Agents

Crying Sham: Challenges to Character at Trial

On Aug. 12, 2014, I blogged about a judicial admission issue in the trial of Minter vs. Prosperity Mortgage, et al. Today’s post is Part Two in a series on this case. The following focuses on challenges to character at trial. The integrity of the parties lies near the heart of every trial. The classic […]

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Fraud & Misrepresentation Real Estate Agents

Admit One: Attorney Wins By Failing to Effectively Communicate to Jury

A complex case goes to trial. The parties, witnesses, jurors and lawyers endure weeks of frantic preparation, arguments and witness testimony. Near the end, the defense lawyer faces the jury to deliver his closing argument. He does not want to let his client down by failing to effectively communicate. However, while articulating his client’s position, […]

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Construction & Renovation Real Estate Agents

Earnest Money Deposit as Liquidated Damages

Your typical disputes over an earnest money deposit as liquidated damages in residential real estate sales go something like this: Home buyers decide to submit a contract and an earnest money deposit as an offer to purchase the property. Before closing, the buyer cannot find financing or discovers a defect with the home. If the […]

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Estate Planning Real Estate in Divorce

Tenancy by the Entirety and Creditor Recourse to Marital Real Estate

Last week I focused on first-time home buyers and new opportunities for state tax-exempt estate planning. This week’s post continues on the theme of family. Spouses who own Virginia property together may enjoy special protections against the claims of their individual creditors. This special form of ownership is called “Tenancy by the Entirety.” For this […]

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