PAUL T. BUCKWALTER

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PAUL T. BUCKWALTER
Brandermill Trade Center
13509 East Boundary Road, Suite E
Midlothian Virginia 23112 
                                   (804)744-8744

MOTOR VEHICLE LAWS IN 2012

Texting while driving is already prohibited in Virginia with a small fine - $20 for first offense, $50 for a second.


Cell phone
use is also illegal if you are a) under age 18 or b) a bus driver. Neither may use the cell phone or text message while operating a motor vehicle.


Red Light Rule:
Motorcyclists, mopeds and even bicycles get to run the red light if your bike does not trigger the light to cycle. You must wait at least two cycles or 120 seconds then you may treat the light as a stop sign and proceed with caution when there is no cross traffic present.


DMV Fees and costs:
DMV is charging you when you show up for licenses or renewals. A surcharge of $5 applies if you appear in person for license renewal. The fee is waived if you renew via Internet, phone or mail.

HOME AFFORDABLE MORTGAGES:

If you are current on your mortgage but unable to refinance because your home went down in value you may become eligible for a break under the newest laws.  

- You must be the owner occupant.

- The loan must be owned/under Fannie or Freddie programs

- You have not been more than 30 days late on a payment in the last 12 months.

- The amount you owe is the same or less than the current value of the home and

- You have income to pay the new mortgage with refinancing improving the long-term affordability of your home. Your lender can give you a good faith estimate of how a refinance will affect you.

Refinancing from an Adjustable Rate Mortgage (ARM) to a fixed rate may also qualify.

You may not get cash from the refinancing and you will not lower your loan amount but you will lower the interest rate and that lowers your payment.

If you are not current or you have a bad payment history then you do not qualify. You may, however qualify for a Home Affordable Modification.

REAL ESTATE LAW:

After January 1, 2012, when you appeal a real estate tax assessment the burden of proof for you will be lowered from a "clear and convincing" standard to "preponderance of the evidence" standard. This should make disputes easier for the homeowner to win. 

Virginia Residential Property Disclosure Act must now be posted on the Real Estate Board&'s website and purchasers must be given a form referring them to that website. http://www.dpor.virginia.gov

Electronic Records:
Real Estate licensees may keep all required records electronically under the Uniform Electronic Transactions Act.Immunity: Real estate licensees now get immunity from lawsuits for relaying information that is publicly available from localities even if it later turns out to be inaccurate (provided he did not know it to be false or he wasnt otherwise reckless. Then the immunity is lost).

Brokerage agreements:  Beginning July 1, 2012, must be in writing, dual agency is permitted only after enhanced disclosure is given to both parties and affected individuals will be required to take three hours of CE on these changes.

Developers Fees outlawed Some developers have a 1 percent transfer fee buried in their paperwork. This fee is payable to the developer each time a property is sold for 99 years. Such a fee is now unenforceable. Property Owners’ and Condo Associations may still enact their fees if approved by and for the benefit of association members. may not charge for access to association books and records except in accordance with a cost schedule adopted by the association board. Effective July 1, 2012

Fertilizer: Beginning December 31, 2013, the sale, distribution and use of lawn maintenance fertilizer containing phosphorus or any deicing agent containing urea, nitrogen or phosphorus is prohibited. Homeowners associations must post notice of all pesticide applications on common areas at least 48 hours prior to an application.
Pointers on the Law
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Paul Buckwalter
13509 East Boundary Road, Suite E
Midlothian, Virginia 23112
804/744-8744
Richmond - Midlothian - Chesterfield