In Virginia, real estate tax liens are granted statutory "super-priority." This means they take precedence over all other liens on a property, regardless of when those other liens were recorded. This includes mortgages, judgments, and mechanic's liens. The government's ability to collect taxes for public services is paramount, and this superior lien status ensures that unpaid property taxes are satisfied first from the proceeds of a sale, including a foreclosure.

A. mortgage: A mortgage lien's priority is typically determined by its recording date ("first in time, first in right") and is subordinate to real estate tax liens.

C. attachment lien: An attachment lien is a judicial lien whose priority is also based on the date of recording and is junior to a real estate tax lien.

D. mechanic's lien: While a mechanic's lien can sometimes "relate back" to when work began, it does not have priority over a government real estate tax lien.

1. Code of Virginia. § 58.1-3340. Lien on real estate for taxes and levies assessed thereon. This statute explicitly states, "There shall be a lien on real estate for the payment of taxes and levies assessed thereon prior to any other lien or encumbrance. ... Such lien shall be superior to any other lien or encumbrance on such real estate..."

2. Virginia Real Estate Board. (2019). Virginia Real Estate Board Licensing Regulations. Section 18VAC135-20-180, which covers curriculum requirements for Principles and Practices of Real Estate, mandates instruction on "Types of liens," where the superior nature of tax liens is a fundamental concept.

3. William & Mary Law School. (Courseware). Property I Course Syllabus. In typical property law curricula, the topic of "Title, Priority, and Liens" establishes the hierarchy of claims against real property, consistently placing ad valorem real estate tax liens at the highest priority level.

An open listing is a non-exclusive brokerage agreement. Under this arrangement, the property owner may enter into agreements with multiple brokers simultaneously. The owner also retains the right to sell the property independently. A commission is earned only by the broker who is the "procuring cause" of the sale—meaning they are the one who ultimately finds the buyer who completes the purchase. If the owner sells the property without the aid of any broker, no commission is owed.

A. net listing: This defines a compensation method where the broker receives any amount over a seller-specified net price, not the type of agency relationship or exclusivity.

B. exclusive right-to-sell agreement: This is an exclusive contract where the listing broker earns a commission regardless of who sells the property, including the owner.

D. exclusive agency agreement: This is an exclusive contract with one broker, but it allows the owner to sell the property themselves without paying a commission. It does not permit multiple brokers.

1. Virginia Real Estate Board, Virginia Real Estate Pre-Licensing Education Curriculum. The state-mandated curriculum for salesperson licensing outlines the different types of listing agreements. The definition of an open listing is a non-exclusive agreement where the seller may employ any number of brokers and is only obligated to pay a commission to the broker who successfully produces a ready, willing, and able buyer. (See Module 6: Real Estate Agency, Section on Types of Listing Agreements).

2. Code of Virginia, § 54.1-2137. A. (Brokerage relationship). While the code does not explicitly define "open listing," it establishes the framework for brokerage agreements, which are then defined by common law and industry practice as taught in the required curriculum. The concept of "procuring cause" is a fundamental common law principle applied to these agreements.

3. Gaddy, J. T., & Hart, J. N. (2022). Virginia Real Estate: Practice & Law (11th ed.). Dearborn Real Estate Education. In the chapter on "Listing Agreements," an open listing is explicitly defined as a nonexclusive listing given to any number of brokers, with the commission being paid only to the broker who is the procuring cause of the sale. The owner may also sell the property and not owe a commission.

The Virginia Residential Landlord and Tenant Act (VRLTA) is designed to create a single, comprehensive body of law governing residential landlord and tenant relationships throughout the Commonwealth. Its stated purposes include simplifying, clarifying, and modernizing these laws, encouraging the maintenance and improvement of housing quality, and establishing uniform regulations for the rental of dwelling units. This act standardizes the rights and obligations of both landlords and tenants, thereby regulating residential leasehold interests and improving leasing practices in Virginia.

A. The VRLTA applies only to residential properties within Virginia, not industrial warehouses across the U.S.

B. The VRLTA specifically governs residential leases, not commercial leasing practices, which are covered by different statutes.

D. The VRLTA generally exempts owner-occupied premises, particularly single-family homes where the owner is also a landlord of other properties.

1. Code of Virginia. Title 55.1, Chapter 12 (Virginia Residential Landlord and Tenant Act), § 55.1-1201. Purposes of chapter. This section explicitly states the act's purpose is to "Simplify, clarify, modernize, and revise the law governing the rental of dwelling units" and to "Establish a single body of law relating to landlord and tenant relations throughout the Commonwealth."

2. Virginia Department of Housing and Community Development (DHCD). (2023). Virginia Residential Landlord and Tenant Act Handbook. Page 5, "Introduction and Applicability." The handbook clarifies that the VRLTA was created to balance the rights of landlords and tenants and to provide a comprehensive framework for residential leases in Virginia.

3. George Mason University, Antonin Scalia Law School. Virginia Practice Materials: Landlord-Tenant Law. The course materials for property law often begin by outlining the purpose of the VRLTA as the primary statutory framework intended to supersede common law and create uniformity for residential tenancies in the state.

Selling a property "as is" is a contractual term indicating the seller's intent not to make any repairs or improvements to the property. The buyer agrees to purchase the property in its present condition at the time of the contract, accepting all existing faults, whether apparent or not. While the buyer retains the right to conduct inspections to understand the property's condition, the "as is" clause signals that the seller will not negotiate or pay for any repairs based on the inspection findings. This term, however, does not relieve the seller of their legal obligation under Virginia law to disclose any known material defects.

A. In Virginia, the Residential Property Disclosure Act requires sellers to disclose all known material defects, and an "as is" clause does not waive this legal duty.

B. The term "as is" refers to the condition of the property and the seller's unwillingness to make repairs; it has no connection to plans for demolition.

D. An "as is" sale often implies the property may have issues the seller is unwilling to address, which is the opposite of claiming it is in pristine condition.

1. Code of Virginia, Title 55.1, Chapter 7 - Virginia Residential Property Disclosure Act. Specifically, § 55.1-703 requires the owner of residential real property to furnish the purchaser with a written disclosure statement prior to the acceptance of a real estate purchase contract. The act does not provide an exemption for "as is" sales concerning the disclosure of known material defects.

2. Virginia REALTORS®, Residential Contract of Purchase (Form 600). The standard contract forms and associated addenda used in Virginia, such as an "AS IS" Property Addendum, explicitly state that the seller will not be responsible for making any repairs to the property. For example, the language in such clauses typically states, "Purchaser agrees to accept the Property in its present physical condition" and "Seller will make no repairs to the Property." This is considered official vendor documentation for the real estate profession in Virginia.

3. Goolsby, W. C., & S. N. Waller (2019). Real Estate Principles. University of North Texas Press. Chapter 11, "Real Estate Contracts," discusses "as is" clauses, clarifying that they relate to the property's condition and the seller's repair obligations but do not typically protect a seller from liability for fraud or failure to disclose known defects as required by state law. (p. 215).

The Sherman Antitrust Act of 1890 is a cornerstone of United States competition law. Its fundamental goal is to preserve a competitive marketplace by prohibiting business activities that are deemed anti-competitive. The Act outlaws formal cartels and other collusive practices that restrain trade, such as price-fixing, market allocation, and group boycotting. By preventing monopolies and conspiracies that would otherwise harm the market, the law aims to protect consumers by ensuring they benefit from fair competition, which typically results in lower prices and higher quality goods and services. In the real estate industry, it specifically prohibits brokers from colluding on commission rates.

A. This describes the goal of the Fair Housing Act of 1968, which prohibits discrimination in the sale, rental, and financing of housing based on protected classes.

B. This is the purpose of consumer credit protection laws, such as the Fair Credit Billing Act, not antitrust legislation.

D. This is the primary objective of securities regulations, such as the Securities Act of 1933, which governs the issuance of new securities.

1. Federal Trade Commission (FTC). "The Antitrust Laws." This official government source states, "The Sherman Act outlaws 'every contract, combination, or conspiracy in restraint of trade,' and any 'monopolization, attempted monopolization, or conspiracy or combination to monopolize.'... In general, the antitrust laws are the laws that promote and protect competition." (Accessed from the FTC's official website, Guide to Antitrust Laws section).

2. Code of Virginia. Title 59.1, Chapter 1.1, § 59.1-9.5. "Contracts, etc., in restraint of trade illegal." The Virginia Antitrust Act is the state-level counterpart to the Sherman Act and states, "Every contract, combination or conspiracy in restraint of trade or commerce of this Commonwealth is unlawful." This directly reflects the federal goal of promoting competition.

3. University of Minnesota Libraries Publishing. (2016). Real Estate Principles. Chapter 10, "Real Estate Brokerage and the Law," Section 10.4 "Federal and State Laws Affecting Real Estate." This university courseware explains that the Sherman Antitrust Act was enacted to "prevent monopolies and to encourage competition." It further details prohibited acts in real estate, such as price-fixing and group boycotting, which directly harm consumer choice and fair competition.

Disclosing an area's demographics based on race or ethnicity is a direct violation of the Virginia Fair Housing Law and the federal Fair Housing Act. This practice, known as "steering," involves illegally influencing a buyer's housing choice based on protected characteristics. Real estate licensees are strictly prohibited from providing such information. The other options—disclosure of agency, a party's financial condition (as a material fact), and all offers—are all legally required and essential duties of a brokerage to ensure transparency and fulfill fiduciary responsibilities to their clients.

A. disclosure of agency: This is incorrect because Virginia law mandates that licensees provide a written disclosure of their brokerage relationship to any prospective client or unrepresented party to a transaction.

C. disclosure of financial condition: This is incorrect because licensees must disclose all material facts known to them, which includes adverse financial information about a party's ability to perform the terms of a contract.

D. disclosure of all offers: This is incorrect because licensees have a fundamental duty to present all written offers and counteroffers to their client in a timely manner, unless the client has waived this right in writing.

1. Virginia Fair Housing Law, Code of Virginia § 36-96.3. Unlawful discriminatory housing practices. This statute makes it illegal "To represent to any person because of race, color, religion, national origin, sex, elderliness, familial status, or handicap that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available." Providing demographic information to influence a housing decision falls under this prohibition.

2. Code of Virginia § 54.1-2138. Disclosure of brokerage relationship. Section A states, "A licensee shall disclose in writing to any prospective purchaser or tenant who is not the client of the licensee and who is not represented by another licensee...the party for whom the licensee acts as agent."

3. Virginia Real Estate Board Regulations, 18 VAC 135-20-260. Duty to disclose material facts. This regulation requires licensees to "disclose to their client all material facts related to the property or concerning the transaction of which they have actual knowledge." This includes a party's financial standing if it impacts the transaction.

4. Code of Virginia § 54.1-2131. Standard agent; duties. Section A.2. requires a licensee representing a seller to "Promote the interests of the seller by...Presenting all offers and counteroffers to and from the seller in a timely manner, even after the property is subject to a contract of sale."

The contract is executory because the obligations of the parties have not yet been fully performed; the closing, where title is transferred and payment is made, is still two weeks away. The contract is voidable because one of the parties, Trystan, is a minor (17 years old). Under Virginia law, a contract entered into by a minor for non-necessaries, such as real estate, is not automatically void but can be disaffirmed (voided) by the minor before reaching the age of majority or within a reasonable time thereafter. The adult party, Nia, remains bound if the minor chooses to enforce the contract.

A. executed and voidable: The contract is not executed because the parties have not yet fulfilled their obligations; closing has not occurred.

B. executory and void: The contract is not void. A void contract has no legal effect from its inception, whereas this contract is valid unless the minor chooses to disaffirm it.

D. executed and void: The contract is incorrect on both counts; it is executory (not executed) and voidable (not void).

1. Code of Virginia, Title 1, Chapter 2, § 1-204. Age of majority. This statute establishes the age of majority in Virginia as eighteen years. Trystan, at 17, is legally a minor, which grants him the capacity to void certain contracts.

2. Restatement (Second) of Contracts § 14 (1981). Published by the American Law Institute and widely adopted in U.S. jurisprudence, this section states, "Unless a statute provides otherwise, a natural person has the capacity to incur only voidable contractual duties until the beginning of the day before the person's eighteenth birthday." This principle is a cornerstone of contract law taught in university law programs.

3. George Mason University, School of Business, Virginia Real Estate Practice & Law, 10th Ed. In the chapter on "Contracts," the text clarifies the essential elements of a valid contract, including legally competent parties. It specifies that contracts with minors are generally voidable by the minor party, distinguishing this from void contracts. (e.g., Chapter 9, "Contract Validity").

A counteroffer legally functions as a rejection of the previous offer and the creation of a brand-new offer. When a seller receives a counteroffer from a buyer, they are in the negotiation phase, and a binding contract has not yet been formed. A contract is only created upon unequivocal acceptance of an offer (in this case, the counteroffer). The act of "discharging a contract" refers to terminating an existing, valid contract. Since no contract exists at this stage, the seller cannot discharge one. The seller's valid options are to accept the new offer, reject it, or let it expire.

B. allow the offer to expire: This is a valid option. A counteroffer, like any offer, has a specified time for acceptance, after which it automatically terminates if not accepted.

C. accept the offer: This is a primary option. The seller can agree to the terms of the buyer's counteroffer, which would create a legally binding contract.

D. reject the offer in writing: This is a valid option. The seller can formally communicate their rejection, which immediately terminates the counteroffer.

1. Virginia Real Estate Board. (2020). Virginia Real Estate Board Salesperson Prelicensing Education Curriculum. Department of Professional and Occupational Regulation. Topic 10: Real Estate Contracts, Section C, requires instruction on "Offer and acceptance (meeting of the minds)" and "Counteroffers," establishing these as steps in contract formation, not termination. A counteroffer is defined as a rejection of the original offer.

2. Pippin, D. L., & Rapon, S. M. (2023). Virginia Real Estate Practice & Law (11th ed.). Dearborn Real Estate Education. Chapter 11, "Real Estate Contracts," explains that a counteroffer terminates the original offer and the original offeror (now the offeree) has three choices: accept, reject, or do nothing. The concept of "discharge" is discussed in a separate chapter as a method of terminating an existing contract. (Note: This text is a standard for state-approved university and college pre-licensing courses in Virginia).

3. George Mason University, School of Business. REAL 310 - Real Estate Law Course Syllabus. Course materials cover the elements of a valid contract, including offer, acceptance, and consideration. The curriculum distinguishes the negotiation phase (offers and counteroffers) from the performance and termination (discharge) of an executed contract. A counteroffer is taught as a rejection of the prior offer.

Assemblage is the physical process of combining two or more adjacent parcels of land into a single, larger parcel under one ownership. This action is often undertaken to create a parcel more suitable for a specific development. Plottage, also known as plottage value or plottage increment, is the resulting increase in the unit value of the land. This economic principle holds that the combined larger parcel is often worth more than the sum of the individual parcels' values because its size and shape allow for a higher and better use, thus creating enhanced utility and value.

A. Plottage is the increase in value from combining parcels, not the act of splitting them, which is known as subdivision.

B. Plottage is a concept of added value resulting from assemblage; it is not a procedural step in the subdivision process.

C. Assemblage is the act of combining land parcels, not constructing a building on them.

1. The Appraisal Institute. (2015). The Dictionary of Real Estate Appraisal (6th ed.).

Assemblage: "The combining of two or more parcels, usually but not necessarily contiguous, into one ownership or use; the process that creates plottage value." (p. 16)

Plottage: "The increment of value created when two or more sites are combined to produce greater utility." (p. 171)

2. Crawford, P. J., & Follain, J. R. (2012). Real Estate Principles. University of Illinois at Urbana-Champaign, College of Business.

In the module on "Valuation and Appraisal," the text distinguishes between assemblage as the process of combining lots and plottage as the value enhancement that results from the combination. (Chapter 10, Section on "Principles of Value").

3. Virginia Department of Professional and Occupational Regulation (DPOR), Real Estate Board. (2023). Virginia Real Estate Board Licensing Regulations.

While not defining the terms directly, the curriculum requirements for salesperson pre-licensing education under 18VAC135-20-340 mandate instruction on "Principles of real estate," which includes the concepts of assemblage and plottage as fundamental to property valuation.

Escheat is the legal doctrine under which property reverts to the state (the Commonwealth in Virginia) when a property owner dies intestate (without a valid will) and has no surviving spouse, descendants, or other legally recognized heirs. This government power ensures that property does not become ownerless. The process is governed by specific state statutes and is distinct from other government powers over property like eminent domain or police power.

A. police power: This is the government's inherent authority to enact laws and regulations to protect the public's health, safety, and general welfare, such as zoning ordinances and building codes.

B. eminent domain: This is the government's right to take private property for public use, provided that just compensation is paid to the owner. It is a "taking," not a reversion due to lack of heirs.

D. variance: This is an administrative exception to a zoning ordinance, granted to a property owner to permit a use of their land that is otherwise prohibited by the ordinance.

1. Code of Virginia, Title 55.1, Chapter 26, § 55.1-2600. Escheat. This chapter explicitly details the process by which property escheats to the Commonwealth. The statute begins, "When the escheator receives information of any land that has escheated to the Commonwealth, he shall take possession of such land..."

2. Code of Virginia, Title 64.2, Chapter 2, § 64.2-200. Course of descents generally. This section outlines the statutory order of inheritance for an intestate decedent. Escheat is the ultimate outcome if no heirs as described in this and subsequent sections can be found.

3. Virginia Real Estate Board, "Virginia Real Estate Board Licensing Regulations," 18VAC135-20-360. Curriculum requirements for a principles and practices of real estate course. This regulation mandates that the pre-licensing curriculum must include instruction on "Governmental limitations on property (e.g., police power, eminent domain, taxation, escheat)," confirming escheat as a required topic of knowledge for licensees.

4. William & Mary Law School, "Property I" Course Syllabus (LAW 111). Standard property law courses at accredited institutions cover the four fundamental government powers over land: taxation, eminent domain, police power, and escheat. Escheat is presented as the state's power to acquire title when a decedent has no will or heirs.