• Every Virginia business entity — whether an LLC, corporation, or limited partnership — has annual filing obligations with the Virginia State Corporation Commission (SCC) that must be met to remain in good standing. The specific requirements and fees vary by entity type.
• Business owners across Virginia routinely receive official-looking mailers, emails, and text messages from private companies offering to handle these filings for inflated fees — sometimes charging several times what the SCC itself charges. These solicitations are not affiliated with or endorsed by the SCC.
• If your attorney or registered agent already manages your annual compliance, these solicitations require no action on your part. Understanding what the SCC actually requires — and what it costs — is the best defense against paying for services you do not need.

What Are Virginia’s Annual Corporate Filing Requirements?

Every business entity registered with the Virginia State Corporation Commission is subject to ongoing annual obligations designed to keep the Commonwealth’s records current and to confirm that the entity remains active. The nature of these obligations varies depending on the type of entity.

Corporations (Stock and Nonstock)

Virginia corporations have two distinct annual obligations:

Annual Report. All domestic and foreign corporations must file an annual report with the SCC each year following the year of incorporation or registration. The purpose of this report is to verify or update the corporation’s directors, officers, and principal office address. There is no fee for filing the annual report itself, and it can be completed online through the SCC’s Clerk’s Information System.

Annual Registration Fee. In addition to the annual report, all corporations must pay an annual registration fee. For nonstock corporations, this fee is a flat $25. For stock corporations, the fee is based on the number of shares the corporation is authorized to issue, starting at $100 for corporations with up to 5,000 authorized shares and increasing incrementally up to a maximum of $1,700.

Both the annual report and the registration fee are due by the last day of the month in which the corporation was originally incorporated or registered to do business in Virginia. The SCC mails a pre-printed annual report form and a notice of the fee assessment to the corporation’s registered agent approximately two months before the due date.

Limited Liability Companies (LLCs)

Virginia LLCs are not required to file an annual report. Instead, LLCs must pay a $50 annual registration fee to the SCC each year after the year of formation. This fee is due by the last day of the month in which the LLC was originally formed. A $25 late penalty is imposed immediately if payment is not received by the due date.

Limited Partnerships and Business Trusts

Virginia limited partnerships and business trusts must pay a $50 annual registration fee, assessed on July 1 and due annually on or before September 30. A $25 penalty applies for late payment.

Limited Liability Partnerships (LLPs) and Limited Liability Limited Partnerships (LLLPs)

LLPs and LLLPs must file an annual continuation report by July 1 of each year, accompanied by a $50 filing fee. Failure to file by November 1 results in automatic cancellation of the partnership’s registration.

What Happens If You Miss Your Filing Deadline?

The consequences of missing an annual filing or fee deadline in Virginia are serious and can escalate quickly.

Corporations that fail to file their annual report or pay their registration fee by the last day of the fourth month after the due date will have their corporate existence automatically terminated by operation of law. For foreign corporations, the authority to transact business in Virginia is automatically revoked on the same timeline.

LLCs that fail to pay their annual registration fee will have their existence automatically canceled if payment is not received by the last day of the third month following the due date.

Once terminated or canceled, an entity loses its legal authority to conduct business. Contracts entered into during the period of termination may be legally compromised, and officers or directors who continue to operate on behalf of a terminated corporation may face personal liability for obligations incurred during that period. Reinstatement requires filing all overdue reports, paying all outstanding fees and penalties, and submitting a reinstatement application to the SCC.

These consequences underscore why timely compliance is not merely administrative — it is a matter of preserving the legal protections that the entity structure provides.

Beware of Misleading Solicitations

This is a subject that warrants particular attention from Virginia business owners.

Shortly after a business entity is formed — and again each year around the time annual filings are due — many business owners receive what appear to be official government notices in the mail. These mailers often feature formal-looking letterhead, document numbers, notice dates, urgent deadlines, and language closely mirroring actual SCC correspondence. Some arrive by email or text message, often including links or QR codes directing the recipient to a third-party website.

These solicitations are not from the Virginia State Corporation Commission. They are from private companies offering to handle annual filings or provide compliance-related services for fees that are substantially marked up from what the SCC charges.

The Virginia SCC has issued explicit warnings about these solicitations on its website, advising business owners that these companies “are not affiliated with, endorsed or used by the SCC” and that “these companies often charge an additional fee for their services, which may cost you more than if you filed directly with the SCC.”

The Virginia Attorney General’s office has even taken legal action against some of these companies. In one notable case, the Attorney General filed suit against a company that was sending deceptive mailers offering to provide a Virginia Certificate of Good Standing for $67.25 — a document that can be obtained directly from the SCC for $6.

How to Identify a Misleading Solicitation

While the specific companies and formats change over time, misleading solicitations share several common characteristics:

Official-looking formatting. The mailer is designed to resemble a government document, often including elements like “Notice Date,” “Document Number,” “Filing Deadline,” or references to state code sections. The paper stock, layout, and typography are chosen to evoke the appearance of official correspondence.

Urgency language. The solicitation will typically emphasize deadlines, penalties, or the risk of losing your business status if you fail to act immediately. While the underlying filing obligations may be real, the urgency is manufactured to pressure you into using their service rather than filing directly.

Inflated fees. The company will charge a service fee on top of the actual state fee. In some reported cases, businesses have been charged $125 to $175 or more for services that cost $50 or less when completed directly with the SCC.

Fine print disclaimers. By law, these solicitations must include a disclaimer stating that the company is not a government agency and that you are not obligated to use their service. However, these disclaimers are typically printed in small type at the bottom of the document and are easy to overlook.

Requests for sensitive information. Some solicitations request the names of shareholders, officers, directors, and other corporate details — information that should only be submitted through official SCC channels.

What to Do If You Receive One

If you receive a solicitation that looks like it may be from the SCC or another government agency, take the following steps:

Check the sender. Official SCC correspondence will come from the State Corporation Commission at its Richmond address and will be directed to your registered agent at your registered office. If the sender is a private company with a name like “Virginia Council for Corporations,” “Corporate Records Service,” “Annual Compliance Division,” or any similar variation, it is not from the SCC.

Check the fees. Compare the amount requested against the actual SCC fee schedule. If you are an LLC being asked to pay significantly more than $50, or a nonstock corporation being asked to pay significantly more than $25, the difference is a service markup.

Consult your attorney or registered agent. If your attorney or registered agent is already managing your annual compliance — as is the case for clients of Pittman & Associates — these solicitations require no action whatsoever. Your filings are already being handled.

Do not respond. If you have not engaged the company and do not wish to use their services, simply discard the solicitation. If you have already submitted payment in response to a solicitation you believe was misleading, contact the Virginia Attorney General’s Consumer Protection Section or the SCC directly.

What Virginia Business Owners Should Know About Their Annual Compliance

The annual filing process in Virginia is straightforward and inexpensive when handled properly. Here is a practical summary of what each entity type must do and what it actually costs:

LLCs: Pay a $50 annual registration fee by the last day of your formation anniversary month. No annual report is required.

Stock Corporations: File an annual report (no fee) and pay an annual registration fee (starting at $100, based on authorized shares) by the last day of your incorporation anniversary month.

Nonstock Corporations: File an annual report (no fee) and pay a $25 annual registration fee by the last day of your incorporation anniversary month.

Limited Partnerships and Business Trusts: Pay a $50 annual registration fee by September 30 each year.

LLPs and LLLPs: File an annual continuation report with a $50 fee by July 1 each year.

All filings can be completed online through the SCC’s Clerk’s Information System at cis.scc.virginia.gov. There is no charge for using the SCC’s online filing system.

The Value of Working with an Attorney for Corporate Compliance

While the annual filing process itself may be simple, the broader obligation of maintaining a business entity in good standing involves more than submitting a form once a year. Business owners must ensure that their registered agent information is current, that any changes to directors, officers, or authorized shares are filed separately and timely, and that the entity’s legal structure continues to reflect the reality of its operations.

This is particularly important for business owners who hold real estate through an LLC or trust, operate multiple entities, or have recently undergone changes in ownership or management. A missed filing or an outdated registered agent can set off a chain of consequences that extends well beyond a late fee — including the loss of the entity’s legal existence and the personal liability exposure that follows.

An experienced business attorney does more than file paperwork. They monitor deadlines, ensure that filings are accurate and complete, and serve as a knowledgeable point of contact when questions arise — including when a questionable solicitation arrives in the mail.

Frequently Asked Questions

Does my Virginia LLC need to file an annual report?

No. Virginia LLCs are not required to file an annual report. The only annual obligation for a Virginia LLC is the payment of a $50 registration fee to the SCC, due by the last day of the month in which the LLC was formed.

How much does it cost to file an annual report in Virginia?

There is no fee for filing the annual report itself. However, corporations must also pay a separate annual registration fee — $25 for nonstock corporations and a minimum of $100 for stock corporations, based on the number of authorized shares.

When is my annual filing due?

Virginia uses an anniversary-based deadline system. Your annual report and registration fee are due by the last day of the month in which your entity was originally formed or registered. The SCC typically sends notice to your registered agent approximately two months before the due date.

I received an official-looking notice about my annual filing. Is it from the SCC?

It may not be. The SCC has warned that private companies routinely send solicitations that are designed to look like official government notices. Check the sender carefully, compare the fees requested against the actual SCC fee schedule, and consult your attorney or registered agent before responding.

What happens if my corporation is terminated for failure to file?

If a corporation’s existence is terminated, it loses its legal authority to conduct business in Virginia. Reinstatement requires filing all overdue reports, paying all outstanding fees and penalties, and submitting a reinstatement application. Officers and directors who continue operating on behalf of a terminated corporation may be exposed to personal liability.

My attorney already handles my annual filings. Do I need to respond to these mailers?

No. If your attorney or registered agent is managing your annual compliance with the SCC, these third-party solicitations require no action. The services they offer are already being provided as part of your existing legal representation.

Can I file my annual report and pay my registration fee online?

Yes. The SCC’s Clerk’s Information System at cis.scc.virginia.gov allows you to file annual reports and pay registration fees online at no additional charge. The system is free to use.

Where can I report a misleading solicitation?

You can report misleading solicitations to the Virginia Attorney General’s Consumer Protection Section or contact the SCC’s Clerk’s Office directly at (804) 371-9733 or toll-free at 1-866-722-2551.

How Pittman & Associates Can Help

At Pittman & Associates, we manage annual corporate compliance as part of our ongoing business law services for clients throughout Virginia Beach and Eastern Virginia. When you work with our firm, your annual filings are handled — meaning you never need to worry about missed deadlines, penalty fees, or misleading solicitations from third-party companies seeking to charge you for services you have already paid for.

If you have questions about your business entity’s compliance status, have received a solicitation you are unsure about, or need assistance forming or maintaining an LLC, corporation, or other business entity, contact our office to schedule a consultation.

The post Virginia Annual Corporate Filings: What Business Owners Need to Know — And How to Spot Misleading Solicitations appeared first on Pittman & Associates.

• As of March 1, 2026, FinCEN’s new Residential Real Estate Rule requires federal reporting on certain non-financed (including “all-cash”) transfers of residential property to legal entities or trusts — including LLCs, corporations, partnerships, and both revocable and irrevocable trusts.
• The rule applies nationwide with no minimum purchase price, meaning even gift transfers and routine internal restructurings may trigger a reporting obligation if the transaction involves a legal entity or trust and lacks traditional institutional financing.
• Virginia property owners, real estate investors, and anyone using a trust or LLC to hold residential real estate should consult with a qualified real estate attorney before closing to ensure compliance and avoid potential penalties, including fines of up to $286,184 for willful violations.

What Is FinCEN’s New Residential Real Estate Rule?

The Financial Crimes Enforcement Network — commonly known as FinCEN — is a bureau within the U.S. Department of the Treasury responsible for safeguarding the financial system from illicit activity. On March 1, 2026, FinCEN’s Residential Real Estate Rule officially took effect, establishing new federal reporting requirements for certain residential real estate transactions across the United States.

The rule requires designated real estate professionals involved in closings and settlements to submit a “Real Estate Report” to FinCEN when a residential property is transferred to a legal entity or trust through a non-financed transaction. The stated purpose of this rule is to increase transparency in the residential real estate market and to combat money laundering through shell companies and opaque ownership structures.

This rule replaces FinCEN’s previous Geographic Targeting Orders, which imposed similar reporting obligations only in certain high-cost metropolitan areas. The new rule is permanent, nationwide, and significantly broader in scope.

Why This Rule Matters for Virginia Property Owners

Virginia and Virginia Beach have consistently ranked as one of the most active real estate markets on the East Coast. With a thriving military community, a strong investor presence, and growing demand for residential property, many transactions in this market involve the very structures this rule targets — LLCs used by real estate investors, trusts used for estate planning, and all-cash purchases by entities seeking to streamline the acquisition process.

If you own residential property through an LLC, are transferring a home into a trust as part of your estate plan, or are purchasing investment property without traditional bank financing, this rule likely applies to you.

Understanding what triggers a reporting obligation — and what does not — is essential for avoiding unnecessary delays at closing and potential federal penalties.

What Transactions Trigger the Reporting Requirement?

A transaction is subject to FinCEN’s reporting requirement when all three of the following conditions are present:

1. The property is residential real estate.

This includes single-family homes, townhouses, condominiums, cooperatives, and buildings designed for occupancy by one to four families. It also includes vacant land where the buyer intends to build a residence for one to four families. These properties are covered regardless of whether there is a commercial use of the same building — for example, a residence located above a storefront.

2. The buyer is a legal entity or trust.

A “transferee entity” under the rule includes corporations, LLCs, partnerships, and other non-individual legal structures. A “transferee trust” includes any trust arrangement — whether revocable or irrevocable — where assets are placed under the control of a trustee for the benefit of one or more beneficiaries. Notably, the rule applies regardless of where the entity or trust is incorporated or located. The determining factor is the location of the property, not the location of the buyer.

3. The transaction is non-financed.

A transaction is considered “non-financed” if it does not involve an extension of credit from a financial institution that is subject to both anti-money laundering (AML) program requirements and suspicious activity reporting (SAR) obligations. This means traditional bank mortgages from regulated lenders like banks, credit unions, and mortgage companies will generally exempt a transaction from reporting. However, transactions funded through hard money lenders, private financing, seller financing, or outright cash are considered non-financed and are subject to reporting.

It is critical to understand that there is no minimum purchase price threshold. A transfer for $1 or a gift of property for no consideration can trigger the reporting requirement, provided the other conditions are met.

What Transactions Are Exempt?

FinCEN has established several specific exemptions. The following types of transfers are not subject to reporting:

• Transfers that occur as a result of death, including those made pursuant to a will, the terms of a trust, intestate succession, surviving joint tenancy, or transfer-on-death deeds.
• Transfers incident to divorce or the dissolution of a marriage or civil union.
• Transfers made to a bankruptcy estate.
• Transfers supervised by a court in the United States.
• Transfers of an easement.
• Transfers for no consideration made by an individual (alone or with their spouse) to a trust where that individual, their spouse, or both are the settlors or grantors of the trust.
• Transfers to a qualified intermediary for purposes of a like-kind exchange under Section 1031 of the Internal Revenue Code.

The exemption for transfers to a grantor’s own trust is particularly relevant for estate planning purposes. If a married couple transfers their personal residence into a revocable living trust that they established, and no payment is exchanged, the transfer is not reportable. However, if a third party transfers property into a trust, or if the trust is purchasing new property with non-institutional financing, the transaction may well be reportable.

Who Is Responsible for Filing the Report?

The reporting obligation does not fall on the buyer or seller directly. Instead, FinCEN has established a “reporting cascade” — a prioritized list of real estate professionals, one of whom will be designated as the “reporting person” for each transaction.

The cascade, in order of priority, is:

1. The person listed as the closing or settlement agent on the settlement statement.
2. The person that prepares the closing or settlement statement.
3. The person that files the deed with the recordation office.
4. The person that underwrites an owner’s title insurance policy for the buyer.
5. The person that disburses the greatest amount of funds in connection with the transfer.
6. The person that provides an evaluation of the status of the title.
7. The person that prepares the deed or other instrument of transfer.

In Virginia, where attorneys frequently serve as settlement agents and handle closings directly, the reporting obligation will often fall on the closing attorney or the title company. Parties involved in the transaction may also enter into a written “designation agreement” to assign the reporting responsibility to another qualified professional in the cascade.

Real estate agents, acting solely in their capacity as agents, are generally not considered reporting persons. However, if a real estate agent performs any of the functions listed in the cascade — such as acting as the settlement agent — they may be subject to the reporting obligation.

What Information Must Be Reported?

The Real Estate Report submitted to FinCEN is comprehensive. It requires the reporting person to disclose:

• The property address and legal description.
• Full identifying information about the transferee entity or trust, including its legal name, principal place of business, and tax identification number.
• The beneficial owners of the entity or trust — meaning any individuals who exercise substantial control over the entity or who own at least 25% of its ownership interests. For trusts, this includes trustees, grantors with revocation rights, and beneficiaries with the right to demand distributions of substantially all trust assets.
• Personal identifying information for each beneficial owner, including full legal name, date of birth, residential address, citizenship, and taxpayer identification number.
• Information about the individuals who signed closing documents on behalf of the entity or trust.
• The total consideration paid and the method of payment, including account information if funds were disbursed from a financial institution.
• Information about the seller (transferor).

Reports must be filed electronically through FinCEN’s BSA E-Filing System. The filing deadline is the last day of the month following the month in which closing occurred, or 30 calendar days after closing — whichever is later. This provides reporting persons with approximately 30 to 60 days to file.

Importantly, the information reported to FinCEN is not publicly accessible. Real Estate Reports are maintained in a secure federal database alongside other Bank Secrecy Act filings and are accessible only to authorized government officials. They are also exempt from disclosure under the Freedom of Information Act.

What Are the Penalties for Noncompliance?

FinCEN takes compliance seriously, and the penalties for failing to meet reporting obligations are substantial.

• Negligent violations may result in a civil penalty of up to $1,430 per violation, with additional penalties of up to $111,308 for a pattern of negligent activity.
• Willful violations may result in civil penalties of up to $286,184 per violation.
• Criminal penalties for willful violations can include imprisonment of up to five years, a fine of up to $250,000, or both.

It is also important to note that reporting persons cannot file incomplete reports. If a party to the transaction refuses to provide the required information, the reporting person faces a difficult choice — they may need to decline to perform the function that triggers the reporting obligation rather than risk filing a deficient report.

How This Affects Estate Planning in Virginia

For individuals and families in Virginia Beach who use trusts as part of their estate plans, this rule introduces a new layer of consideration.

Transferring a personal residence into a revocable living trust that you and your spouse created is generally exempt — provided no consideration changes hands and you are the grantors of the trust. This is a common and routine estate planning maneuver that should remain unaffected by the new rule.

However, more complex trust arrangements may trigger reporting. For example, if an irrevocable trust is purchasing new residential property with funds that do not come from a regulated lender, the transaction is likely reportable. The same is true if a family member transfers property into a trust where they are not the grantor, or if an existing trust is restructured in a way that involves the transfer of real estate.

Individuals who hold residential property in a trust should review their current holdings and future plans with an attorney who understands both estate planning and the new FinCEN requirements.

How This Affects Real Estate Investors in Virginia 

Real estate investors who acquire properties through LLCs or other entity structures are among the most directly affected by this rule. The practice of using a single-purpose LLC to hold each investment property — a common and entirely legitimate asset protection strategy — will now require FinCEN reporting for every non-financed acquisition.

Investors should be prepared for:

• Additional documentation requirements at closing. Beneficial ownership information for the purchasing entity will need to be collected and verified before the closing can proceed.
• Longer lead times before settlement. Gathering the required information — particularly for multi-member LLCs or entities with complex ownership structures — may add time to the pre-closing process.
• Greater scrutiny of private financing arrangements. Transactions funded by hard money lenders or through seller financing are classified as non-financed under the rule and are therefore reportable.

None of this should discourage the use of LLCs or trusts for legitimate business and asset protection purposes. These structures continue to offer significant legal and financial benefits. However, investors and their advisors must now account for federal reporting as a standard part of the transaction workflow.

Practical Steps to Prepare

Whether you are buying, selling, or advising on a residential real estate transaction in Virginia Beach, the following steps will help ensure compliance:

For Buyers Using an Entity or Trust: Gather your entity’s formation documents, operating agreement, and beneficial ownership information well in advance of closing. Be prepared to provide names, dates of birth, addresses, and taxpayer identification numbers for all individuals with substantial control or ownership interests. Early preparation prevents last-minute delays.

For Sellers: While the primary reporting burden falls on the buyer’s side, seller information is also required on the Real Estate Report. Ensure your identifying information is readily available and accurate.

For Real Estate Agents and Brokers: Flag any transaction involving an entity or trust buyer as early as possible. While you may not be the reporting person, proactively communicating with the closing attorney or title company about the FinCEN requirements will help keep the transaction on schedule.

For Attorneys and Settlement Agents: Review your intake processes to ensure you can reliably identify reportable transfers. Establish procedures for collecting and certifying beneficial ownership information. Consider incorporating FinCEN compliance language into engagement letters and closing documents. Familiarize yourself with the BSA E-Filing System and create your filing account before your first reportable transaction.

Frequently Asked Questions

Does this rule apply to me if I am buying a home as an individual?

No. The reporting requirement applies only to transfers where the buyer is a legal entity (such as an LLC or corporation) or a trust. Transfers directly to one or more individuals are not subject to reporting.

Does the purchase price matter?

No. There is no minimum purchase price or property value threshold. Any non-financed transfer of residential real estate to an entity or trust is potentially reportable, regardless of the amount of consideration involved.

I am transferring my home into my own revocable living trust. Is this reportable?

Generally, no. Transfers for no consideration made by an individual (alone or with their spouse) to a trust where that individual or their spouse is the grantor are exempt from reporting. However, the specific facts of your arrangement should be reviewed by a qualified attorney.

Are reports filed under this rule available to the public?

No. Real Estate Reports are stored in a secure federal database and are accessible only to authorized government officials. They are not available through the Freedom of Information Act.

What if my LLC is financing the purchase through a traditional bank mortgage?

If the transaction involves an extension of credit from a financial institution that is subject to anti-money laundering program requirements and suspicious activity reporting obligations — such as a bank, credit union, or regulated mortgage company — the transaction is generally not reportable. The rule targets non-financed transfers specifically.

I closed on a property before March 1, 2026. Do I need to file a report?

No. The reporting requirement applies only to transactions that close on or after March 1, 2026. Transactions that closed before that date are not subject to reporting, even if they would have met the criteria.

Who actually files the report — me or my attorney?

The filing responsibility falls on the designated “reporting person” as determined by FinCEN’s reporting cascade. In most Virginia transactions where a settlement attorney or title company is involved, one of those parties will be the reporting person. Buyers and sellers do not file the report themselves unless they are also performing one of the functions listed in the reporting cascade.

What happens if the buyer refuses to provide the required information?

The reporting person cannot file an incomplete report. If the necessary information cannot be obtained, the reporting person may need to decline to proceed with the transaction. Failure to file a complete report can result in civil and criminal penalties.

How Pittman & Associates Can Help

The new FinCEN Residential Real Estate Rule adds complexity to transactions that were once considered straightforward. Whether you are purchasing investment property through an LLC, transferring a family home into a trust, or advising clients on the implications of this new federal requirement, having experienced legal counsel is essential.

At Pittman & Associates, we serve Virginia Beach and Eastern Virginia with focused legal services in real estate law, business law, and estate planning. Our team can help you understand how the new FinCEN rule applies to your specific situation, ensure your transactions remain compliant, and structure your entity or trust arrangements with these reporting requirements in mind.

If you have questions about the Residential Real Estate Rule or need assistance with an upcoming transaction, contact our office to schedule a consultation.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information presented reflects the FinCEN Residential Real Estate Rule as of its effective date of March 1, 2026. Readers should consult with a qualified attorney regarding their specific circumstances. For official guidance, visit FinCEN’s Residential Real Estate Rule page.

The post New FinCEN Reporting Rule for Real Estate: What Virginia Buyers, Sellers, and Investors Need to Know appeared first on Pittman & Associates.

Yes — in most everyday situations, real estate taxes and property taxes refer to the same thing when discussing homes and land.

However, the term “property taxes” can sometimes include additional types of taxes beyond real estate — such as taxes on vehicles or business equipment.

Understanding the distinction can help homeowners avoid confusion, especially when reviewing tax bills, closing documents, or local government notices.

Why This Question Comes Up So Often

If you’ve ever purchased a home, reviewed your mortgage escrow statement, or received a tax bill from your locality, you’ve probably seen both terms used interchangeably:

• Real estate tax
• Property tax
• Local property tax
• Real property tax

It’s no surprise that homeowners frequently ask:

“Are real estate taxes and property taxes the same thing?”

The short answer is usually yes — but not always. The nuance matters, particularly in Virginia, where local governments assess multiple types of property.

Let’s break it down clearly.

What Are Real Estate Taxes?

Real estate taxes are taxes assessed on real property — meaning land and anything permanently attached to it.

This includes:

• Residential homes
• Townhomes
• Condominiums
• Commercial buildings
• Raw land
• Rental properties

In Virginia, real estate taxes are assessed and collected by local governments — cities, counties, and towns — not by the state directly.

For example, in Virginia Beach, real estate taxes are calculated using this formula:

Assessed Value × Local Tax Rate = Real Estate Tax Owed

If your home is assessed at $400,000 and the tax rate is $1.03 per $100 of value:

$400,000 ÷ 100 = 4,000
4,000 × 1.03 = $4,120 annually

That’s your real estate tax.

What Are Property Taxes?

The term property taxes is broader.

Property taxes include taxes imposed on property — but “property” can mean more than just real estate.

There are generally two types:

1. Real Property Taxes

These are the same as real estate taxes — taxes on land and structures.

2. Personal Property Taxes

These are taxes on movable property, such as:

• Vehicles
• Boats
• Motorcycles
• Business equipment
• Machinery

In Virginia, cities and counties typically impose personal property tax on vehicles, which surprises many new residents.

So while real estate taxes are a type of property tax, not all property taxes are real estate taxes.

In Virginia, What’s the Difference?

In everyday conversation, Virginia homeowners usually use “real estate taxes” and “property taxes” interchangeably when referring to their home.

However, legally and administratively, Virginia localities treat them separately.

For example, in Virginia Beach:

• Real Estate Tax is assessed by the Real Estate Assessor.
• Personal Property Tax (vehicles) is handled separately.
• Tax relief programs may apply differently to each.

That distinction becomes important in estate planning, property transfers, and tax disputes.

Why the Confusion Happens

There are a few reasons the terminology overlaps:

1. Mortgage Escrow Statements

Mortgage companies often label payments simply as “property tax,” even though they’re paying real estate tax.

2. Closing Documents

Settlement statements may refer to “property tax proration” when adjusting real estate taxes between buyer and seller.

3. National Media Usage

Articles discussing housing markets frequently use “property tax” generically.

So while technically broader, the term “property tax” often functions as shorthand for real estate tax in residential contexts.

How Real Estate Taxes Are Determined in Virginia

Since we’re focusing on Virginia homeowners, it’s helpful to understand how your real estate tax bill is actually calculated.

In Virginia:

• Properties are assessed annually (in cities like Virginia Beach).
• Assessments reflect estimated fair market value.
• The local governing body sets the tax rate.
• Bills are typically paid semi-annually.

If market values rise, assessments may increase — even if you haven’t improved your property.

Do Real Estate Taxes and Property Taxes Show Up Separately on a Tax Bill?

It depends.

For homeowners:

• Your real estate tax bill will list your home’s assessed value and tax owed.
• Your vehicle tax bill will arrive separately.
• Both may be labeled under “property taxes,” but they are assessed independently.

This is where understanding terminology becomes important — especially when budgeting.

How Often to Real Estate Taxes Change?

As taxes are based on “assessments” of value by the local tax assessor’s office, the taxes rarely stay the same for more than a few years. Then as more homes sell in the area of your home, the taxes will adjust to try to stay as close to true market value as possible. In times of rapidly rising prices of homes, the taxes will be a year or two behind but they will increase based on the increase in value. Far less frequently, taxes may go down. One other major factor that can affect real estate property taxes is when a land recently changed zoning. Agricultural tax rates are lower than residential property tax rates. Sometimes, especially when a home is of the “new construction” variety and is built on acreage that was used for farming, there can be a “roll-back” tax assessment in which an increase in taxes can be billed after the home closing. These roll-back taxes are generally the responsibility of the seller, but sometimes you need the help of a real estate attorney to hold the appropriate party responsible and for the correct amount.

How This Impacts Buyers and Sellers

When buying or selling real estate, real estate taxes matter significantly.

Buyers Should Know:

• Real estate taxes are prorated at closing.
• A higher assessed value means higher ongoing tax liability.
• Tax bills may change after reassessment.

Sellers Should Know:

• Unpaid real estate taxes can create liens.
• Tax delinquencies can delay closings.
• Proration affects net proceeds.

Understanding that “property taxes” in a closing context means “real estate taxes” avoids costly misunderstandings.

The post Are Real Estate Taxes the Same as Property Taxes? What Homeowners in Virginia Should Know appeared first on Pittman & Associates.

• Virginia Beach recorded the highest home-turnover rate among major U.S. metros in 2025 — meaning more homes changed hands here than anywhere else in the country.
• High turnover indicates a dynamic, in-demand market shaped by affordability, steady job growth, and strong migration patterns.
• Buyers, sellers, and real estate professionals can benefit from this trend, but they need to move strategically in a market where contracts move fast and competition is strong.

Introduction

If you’re buying or selling a home in Virginia Beach, you’re participating in one of the most active real estate markets in the country. According to a 2025 Redfin analysis, Virginia Beach had the #1 highest home-turnover rate among the 50 largest metro areas — an impressive indicator of just how bustling the housing market has become.

But what does “home turnover” actually mean? And why does it matter to homeowners, homebuyers, investors, and real estate professionals?

More importantly:
How can you use this trend to your advantage?

This article breaks down why Virginia Beach topped the list in 2025, what factors contributed to this explosive movement in the housing market, and what it means for anyone thinking about buying or selling property in the region.

What Is Home Turnover — And Why Does It Matter?

Home turnover refers to the number of homes sold per 1,000 homes in a given area. It’s a metric used by economists, analysts, and local governments to measure real estate activity and demand.

A high turnover rate often means:

• Homes are selling quickly.
• Buyers feel confident in the local market.
• People are moving into (and within) the region at higher rates.
• The housing market is liquid — properties enter and exit the market more frequently.

In other words, people want to live in Virginia Beach — and they’re making moves to get here.

Being the #1 turnover market in the country is not just a statistic. It’s a reflection of economic growth, lifestyle appeal, and strong long-term market fundamentals.

Why Virginia Beach Ranked #1 in Home Turnover in 2025

Several key factors came together to push Virginia Beach to the top of the national list. Here’s a deeper look at what’s driving the movement.

1. Affordability Compared to Nearby Coastal Markets

Despite being a coastal city with major lifestyle amenities, Virginia Beach remains significantly more affordable than places like:

• Washington, DC
• Northern Virginia
• Maryland suburbs
• Northeastern coastal cities (Boston, NYC, etc.)

This price advantage attracts:

• First-time buyers
• Military families
• Remote workers seeking lower cost of living
• Retirees moving south
• Professionals seeking more space or a change in lifestyle

Affordability drives demand — and demand drives turnover.

2. Military Relocation Creates Natural Market Movement

Virginia Beach has one of the largest concentrations of military personnel on the East Coast, including:

• Naval Air Station Oceana
• Joint Expeditionary Base Little Creek-Fort Story
• Dam Neck Annex

Service members frequently rotate in and out of the region. This creates predictable, consistent movement in the real estate market.

Homes near military hubs tend to change hands at higher rates, and that trend boosts turnover citywide.

3. Strong Job Market and Economic Stability

Virginia Beach benefits from a diverse and stable job market, particularly in:

• Defense contracting
• Healthcare
• Tourism
• Technology
• Logistics
• Government and public service

Job security and availability increase housing demand and encourage job-related relocations. Economic health is one of the biggest predictors of high turnover, and Virginia Beach continues to perform well.

4. Lifestyle Appeal and Quality of Life

Virginia Beach attracts homeowners for reasons beyond employment:

• Beaches & waterfront living
• Great schools
• Outdoor recreation
• A mild climate
• Family-friendly neighborhoods
• Urban conveniences without the big-city chaos

These quality-of-life benefits attract steady population growth — and with that growth comes continual movement in the housing market.

5. New Construction and Redevelopment Play a Role

The city has seen major growth in:

• Suburban residential developments
• Coastal redevelopment
• Mixed-use communities
• New-build neighborhoods

More homes being built means more homes being sold — both now and in the resale cycle years later.

What This Means for Homebuyers in Virginia Beach

If you’re a homebuyer in a high-turnover market, here’s what you need to know:

1. Inventory Moves Quickly — Be Prepared

Homes in popular neighborhoods often go under contract within days, sometimes hours. Buyers need to be:

• Pre-approved
• Contract-ready
• Working with real estate professionals who move fast

2. Competitive Offers Are Common

High turnover often means:

• Multiple offers
• Limited negotiation time
• Short inspection windows
• Appraisal gaps

Don’t panic — preparation and a strong strategy can help you secure the right home without overpaying.

3. Due Diligence Matters More Than Ever

Fast markets reward speed, but speed without legal clarity is risky.

We regularly see:

• Contracts with unclear contingencies
• Buyers signing without understanding inspection protections
• Title issues discovered too late
• Delays caused by mistakes on the seller’s side

Having a real estate attorney review your contract early helps you move quickly and safely.

What This Means for Sellers in Virginia Beach

For sellers, being in the #1 turnover market comes with substantial benefits:

1. You Have Stronger Negotiation Power

A competitive market gives sellers a favorable position to:

• Set terms
• Select stronger offers
• Decline risky or weak financing
• Reduce concessions

2. Homes Generally Sell Faster

Shorter days on market = stronger net proceeds and less carrying cost.

3. Clean Title and Fast Contract Readiness Are Critical

Even in a hot market, the fastest way to lose a great offer is a preventable contract or title issue.

Sellers should:

• Resolve liens early
• Clear any title defects
• Prepare HOA documents in advance
• Understand occupancy and closing requirements

Working with a real estate attorney ensures you’re transaction-ready long before the listing goes live.

What This Means for Real Estate Agents and Lenders

High turnover means:

• More clients
• More transactions
• More urgency

Professionals in the market need:

• Quick response times
• Clear, compliant contracts
• Reliable communication
• Trustworthy closing partners

Agents and lenders who partner with a strong real estate law firm can offer smoother, more reliable client experiences — especially during competitive cycles.

Frequently Asked Questions (FAQ)

Is Virginia Beach a good place to buy a home in 2025?

Yes. High turnover typically indicates buyer confidence, a strong job market, and long-term stability.

Why are so many people moving to Virginia Beach?

Affordability, high quality of life, military movement, job opportunities, and coastal living all contribute.

Does high turnover mean prices will go up?

Often, yes — increased demand tends to push prices upward over time.

Is now a good time to sell in Virginia Beach?

For many homeowners, absolutely. Fast-moving markets typically benefit sellers.

Conclusion

Virginia Beach earning the #1 spot for home turnover in 2025 is no accident. It reflects a thriving, desirable, and fast-moving housing market shaped by strong demand and steady population growth.

Whether you’re buying, selling, or transitioning within the city, understanding the market’s dynamics — and preparing accordingly — can make your next move significantly easier.

At Pittman & Associates, we work closely with buyers, sellers, real estate agents, and lenders to ensure every transaction is handled with precision and care. In a fast-paced market, having a trusted legal partner makes all the difference.

The post Why Virginia Beach Became the #1 Real Estate Market for Home Turnover in 2025 — And What It Means for Buyers and Sellers appeared first on Pittman & Associates.

• Virginia Beach reassesses property values every year to ensure fairness and accuracy in tax distribution.
• Assessed values are not the same as appraised or market values and can be appealed if inaccurate.
• Homeowners may be eligible for tax relief programs, and understanding your assessment is key to protecting your financial interests.

If you own property in Virginia Beach, or anywhere in the Commonwealth of Virginia, your real estate tax assessment is one of the most important — and often misunderstood — aspects of homeownership. Every year, property owners receive a notice from the City treasurer or assessor where they live estimating what their home is worth for tax purposes. This estimate, known as your assessed value, directly affects how much you owe in property taxes.

But how are these values calculated? Can they be contested? And what should you do if you think your property has been over-assessed?

This comprehensive guide will walk you through how real estate tax assessments work in Virginia Beach, VA, and what every property owner should know to avoid overpaying and plan ahead.

What Is a Real Estate Tax Assessment?

A real estate tax assessment is the valuation of a property by a local government to determine its taxable value. This assessed value is used to calculate the annual property taxes owed by the homeowner.

It’s important to note that assessed value is not always equal to:

• Appraised value: A value determined by a licensed real estate appraiser during a transaction or refinance.
• Market value: What a buyer would likely pay for the property in the open market.

In Virginia Beach, the Office of the Real Estate Assessor is responsible for conducting assessments on over 160,000 parcels of land. These assessments are based on market conditions, recent sales, and the characteristics of each property.

How Real Estate Tax Assessments Work in Virginia Beach

Unlike some localities that reassess properties every two to five years, Virginia Beach performs reassessments annually. This practice helps ensure that property values reflect current market trends and provides a more accurate basis for tax calculations.

Key Points:

• Assessments are completed each January 1st and mailed to property owners in early spring.
• The valuation date is as of July 1st of the previous year.
• The city uses a mass appraisal system to determine value, relying on recent comparable sales, property data, and automated valuation models.

Understanding the Mass Appraisal Process

The Real Estate Assessor’s Office uses a Computer Assisted Mass Appraisal (CAMA) system to analyze property data and calculate assessments. This method involves grouping properties with similar characteristics (e.g., neighborhood, size, style, age) and applying statistical models based on recent sales data.

While not as individualized as a private appraisal, mass appraisal allows for consistent and scalable valuation across thousands of properties.

What Causes a Change in Assessed Value?

Several factors can cause your property’s assessed value to increase or decrease:

1. Market Activity

If home values are rising in your neighborhood — whether due to demand, school ratings, or redevelopment — your assessment may increase even if you haven’t made any changes to the property.

2. Permits and Renovations

Major improvements such as kitchen remodels, home additions, or finishing a basement may increase your assessed value. These changes are usually tracked through building permits.

3. New Construction

If you build a new home or substantially rebuild an existing one, expect a reassessment once construction is complete.

4. Corrected Errors

If the Assessor’s Office identifies a mistake in the previous assessment (e.g., wrong square footage), your value may be adjusted accordingly.

How Real Estate Taxes Are Calculated in Virginia Beach

Your property taxes are calculated using this formula:

Assessed Value × Tax Rate = Annual Property Taxes

As of the most recent tax year, Virginia Beach’s real estate tax rate is $1.03 per $100 of assessed value. So, if your home is assessed at $400,000:

$400,000 ÷ 100 = 4,000
4,000 × $1.03 = $4,120 in annual property taxes

In addition to the base rate, Virginia Beach may impose special levies or stormwater fees, depending on your location.   The tax rate varies between Cities/Counties in Virginia.

Tax Proration for New Buyers or Builders

If you purchase a home partway through the year or finish new construction mid-year, your taxes may be prorated. The city will calculate the taxes owed for your period of ownership, ensuring you’re only responsible for your portion of the year.    Also, SUPPLEMENTAL ASSESSMENTS may be levied, even after you close on the purchase of your home, especially, if it was changed from property zoned for farming and converted to a residential zoning.   

Available Tax Relief and Exemptions

Virginia Beach offers several property tax relief programs for qualifying residents:

1. Tax Relief for the Elderly or Disabled

Eligible homeowners may receive full or partial exemptions based on:

• Age (65 or older)
• Total income
• Net worth (excluding the home)

2. Disabled Veteran Exemption

Veterans with a 100% service-connected, permanent, and total disability may receive a full exemption on their primary residence.

3. Surviving Spouses

Surviving spouses of eligible veterans or first responders may also qualify for exemptions.

Each program has its own application process and annual deadlines, usually in the spring.

For detailed requirements and forms, visit the Virginia Beach Tax Relief Portal.

How to Appeal Your Property Assessment

If you believe your assessment is too high or based on inaccurate information, you have the right to appeal.

Step 1: Informal Review

• Contact the Assessor’s Office directly.
• Discuss your concerns and submit any documentation (appraisals, photos, comps).
• Often this step resolves the issue without a formal appeal.

Step 2: Board of Equalization (BOE)

• If you’re not satisfied after the informal review, you can file a formal appeal with the BOE.
  Consider carefully WHEN you might want to take this action!    If you plan to sell your home soon, you might want to leave the assessment as high as possible. On the other hand, if you intend to live in the property for the long run, trying to lower the assessment could save you a significant amount of money.
• This independent board reviews assessments and holds public hearings.
• Evidence is required: recent comparable sales, contractor receipts, or independent appraisals.
  

Step 3: Circuit Court Appeal

• As a final option, property owners may appeal to the Virginia Beach Circuit Court.
• This route is more complex and may require legal representation.

📅 Deadline to Appeal: Typically in mid-May — check the Assessor’s website each year for the exact date.

How Assessments Affect Buyers and Sellers

For Buyers

• The assessment helps estimate annual property taxes.
• Important during escrow and budgeting.
• Be aware: your first tax bill may differ from the seller’s if the assessment increases post-sale.

For Sellers

• A low assessment may be used by buyers to argue a lower offer.
• A high assessment may discourage interest if it implies higher taxes.
• Understand how your assessment compares to market value when pricing your home.

Strategies to Manage Your Property Tax Burden

• Monitor your assessments yearly. Don’t ignore them — you only have a short window to challenge errors.
• Save documentation for home improvements, repairs, or damage. These may help reduce your assessment if needed.
• Understand your rights and options for relief programs.
• Consult a real estate attorney if you feel your property rights are being affected or if you face a complex appeal.

Frequently Asked Questions

Is my assessed value the same as my home’s market value?

Not necessarily. Assessed values are calculated using mass appraisal techniques and may lag behind actual market conditions.

Can my assessment go up even if I haven’t changed anything?

Yes. If market values increase in your neighborhood, your property’s assessed value may rise based on comparable sales.

When are property taxes due in Virginia Beach?

Taxes are billed twice per year — typically due on June 5 and December 5.

What happens if I don’t pay my real estate taxes?

Failure to pay may result in penalties, interest, and eventually a tax lien or foreclosure action by the city.

Conclusion

Understanding how real estate tax assessments work in Virginia Beach can help you:

• Budget more effectively,
• Avoid overpaying on your tax bill, and
• Protect your rights as a property owner.

Whether you’re a long-time resident or a first-time buyer, keeping an eye on your assessment and knowing when and how to appeal could save you thousands over the life of your homeownership.

For more information or to appeal your assessment, visit the Virginia Beach Real Estate Assessor’s website.

The post Understanding Real Estate Tax Assessments in Virginia Beach, VA: What Homeowners Need to Know appeared first on Pittman & Associates.

One of the biggest hurdles business owners face when approaching Exit Planning is the thought:

“I don’t have enough time to do all that.”

On the surface, it makes sense. Exit planning is a complex, time-consuming process — it can take years and requires a lot of coordination. But the good news is, you may not need to be as involved as you think.

In this article, we’ll explore what business owners actually need to do in the Exit Planning process, and where your trusted Advisor Team can take the lead.

Understanding the Role of an Exit Planning Advisor

Not every advisor is an Exit Planning Advisor.

An Exit Planning Advisor is someone who leads a team of professionals—like CPAs, attorneys, and financial planners—to help business owners develop and execute a tailored exit strategy. They may have a specialty of their own, but their central role is to coordinate the entire process and make sure your plan stays focused on your goals.

Your Exit Planning Advisor can:

• Build your Advisor Team from scratch.
• Incorporate existing advisors you already trust.
• Manage communication and collaboration across the team.
• Develop and refine your personalized Exit Plan.

This means you don’t have to spend months assembling a team or figuring out who should do what. The Exit Planning Advisor takes on that responsibility—so you can get back to running your business.

Your Most Important Job: Define Your Goals

One of the biggest misconceptions about Exit Planning is that the owner must come to the table with a complete plan.

Not true.

Your job as the business owner is to share your goals:

• What does your ideal exit look like?
• Do you want to sell, transfer to a family member, or something else?
• When do you want to exit?
• What kind of lifestyle do you want to maintain post-exit?

From there, your Advisor Team does the heavy lifting:

• They’ll assess whether your goals are achievable.
• If they’re not, they’ll provide alternatives and rationale.
• They’ll design and implement a plan to pursue those goals.
• They’ll help calculate the amount of money you’ll need post-exit for financial security.

Remember: your exit plan starts with what you want—not what you think the plan should be.

The Value of Realistic Expectations

While a good Advisor Team can work wonders, they’re not magicians.

If you’ve been treading water for the past decade and hope to sell your company for $25 million, they’ll help you recalibrate expectations and show you how to increase your business value over time.

Their job is to:

• Keep you grounded in reality.
• Provide strategies to improve business performance and value.
• Help you prioritize financial security while also working toward your personal goals.

You may not be able to turn straw into gold—but you can turn it into a strong financial future with the right team behind you.

How Hands-On Should You Be?

Every business owner is different.

Some prefer to sketch out a plan and hand it off. Others want to be deeply involved in the process. And some simply want results with minimal involvement.

All approaches are valid. Your Advisor Team’s job is to work the way you work.

Think of your team like a sports organization:

• You are the team owner.
• The Exit Planner is your head coach.
• The rest of your advisors are your players.

You set the direction. The coach develops the strategy. The players execute the plays. You don’t need to jump on the field yourself, but you always have the authority to adjust the game plan.

And sometimes, your Advisor Team may even suggest a better path to achieve your goals faster. For example, they may recommend hiring a new key employee to increase the company’s value more efficiently before your exit.

Stay Focused on What You Do Best

A major benefit of assembling a strong Advisor Team is that you can focus on running and growing your business while the team handles the planning.

As the process unfolds:

• You stay informed but not overwhelmed.
• You get to focus on the aspects of the business you enjoy.
• Your managers and team can take on greater responsibility—an essential part of preparing the company to operate without you.

This transition isn’t just practical—it’s necessary. A key objective of Exit Planning is to make your business less dependent on you so it remains valuable and successful after your departure.

The Bottom Line

Exit Planning is a major undertaking, but you don’t have to do it alone—and you don’t have to be involved in every detail.

By partnering with a skilled Exit Planning Advisor and a strong Advisor Team, you’ll get the support you need to:

• Identify your goals.
• Build a custom plan.
• Position your company for long-term success.
• Exit on your terms.

And best of all, you can stay focused on growing your business and living your life throughout the process.

We’re Here to Help

At Pittman & Associates, we help business owners identify and prioritize their objectives for their businesses, their employees, and their families. If you’re starting to think about your exit—or just want to understand your options—we’re happy to help.

Whether that means offering more information, guiding you through the first steps, or connecting you with a qualified Exit Planning Advisor, we’re here for you.

The post How Involved Should You Be in Exit Planning? appeared first on Pittman & Associates.

Understanding the Basics of a Virginia Real Estate Contract

Once both the buyer and seller sign the contract, it becomes legally enforceable. The contract is generally fully enforceable even if the signatures are NOT  notarized. In Virginia, this usually happens after an offer is made by the buyer, accepted by the seller, and both parties sign the written agreement. The contract will include key terms such as:

• Purchase price
• Contingencies (inspection, financing, appraisal, etc.)
• Closing date
• Earnest money deposit

If a buyer wants to walk away after this point, they must either rely on a valid contingency or be prepared for possible legal and financial consequences. The old saying is still true:  “Breach is always an option.”   For a buyer to be “cold feet” or “buyer’s remorse”, there are numerous options from honoring the contract and closing only to resell the property to just refusing to close, which in many cases will constitute a breach of the contract.  Most, but not all, contracts in Virginia do provide for valid reasons to cancel the contract and if one of those reasons are available to the Buyer, then the decision not to close will not constitute a “breach”.

Common Contingencies That Allow Buyers to Cancel

1. Home Inspection Contingency

This allows buyers to have the home professionally inspected. If significant issues are found (like a faulty roof, mold, or foundational problems), the buyer can usually walk away or renegotiate the deal without losing their earnest money. Home Inspection Contingencies can be quite complex and be governed by a “PICA” (property inspection contingency addendum) and a “PICRA” (property inspection contingency removal addendum).   Time limits are very important and a large part of all real estate litigation focuses on the PICRA.      

2. Financing Contingency

If the buyer can’t obtain a mortgage within a specified timeframe, they can usually exit the contract penalty-free. Lenders can deny financing for many reasons, including low credit scores, job changes, or issues with the property itself. Many contracts in Virginia “open up” the lender underwriting of a Buyer’s loan to scrutiny by the Seller’s closing team.   Basically, the Buyer waives rights of privacy and the lender is authorized to speak freely with the Seller’s agent on why a loan may not be approved.   It is essential that the loan denial NOT be a result of any factors under the Buyer’s control or manipulated by the Buyer to serve as an exit strategy when a Buyer changes his/her mind about going to closing. 

3. Appraisal Contingency

If the home is appraised for less than the contract price, the buyer may either renegotiate or cancel the agreement. Lenders won’t approve a loan above the appraised value unless the buyer covers the difference out-of-pocket.

4. Home Sale Contingency

This allows a buyer to make the purchase contingent on the sale of their current home. If they can’t sell their existing home within the specified period, they can terminate the deal. Such contingencies, while comforting to a Buyer, may make their offer less appealing to a Seller and less likely to become an “accepted” and binding contract.

Each of these must be explicitly written into the contract to be enforceable.

What Happens If There Are No Contingencies?

If the buyer tries to back out without an applicable contingency, several outcomes are possible:

• Forfeiture of Earnest Money: The seller may keep the buyer’s deposit as compensation for the failed deal.
• Legal Action: In rare cases, the seller may sue the buyer for specific performance (forcing them to go through with the purchase) or damages. But in most cases, a Seller who is the victim of a breach of contract will resell the property to Set the Damages, and if the Seller makes less money than they would have made on the contract that was broken, will be able to get an award from a judge against the Buyer for the amount of lost profits and legal fees expended.

The Role of Earnest Money

Earnest money is typically 1-3% of the purchase price and is held in escrow. If the buyer cancels for a reason allowed in the contract, they typically get their money back. If they cancel for a reason not covered, the seller can often keep it.

How to Properly Cancel a Real Estate Contract in Virginia

1. Review the Contract: Look at all contingency clauses and deadlines.
2. Act Within the Timelines: Each contingency has a specific deadline. Missing it may forfeit the protection it offers.
3. Provide Notice in Writing: Communicate clearly, in writing, and according to the notice provisions in the contract.
4. Work with Your Agent and Attorney: Professionals can help you understand your options and avoid costly mistakes.

Can a Buyer Back Out After a Home Inspection in Virginia?

Yes—if there is an inspection contingency in the contract. Buyers can typically walk away without penalty if the home inspection reveals significant defects, and the seller is unwilling or unable to make repairs or negotiate a solution.

Can a Buyer Back Out After the Appraisal?

Yes, if there’s an appraisal contingency. If the appraised value is lower than the purchase price and the buyer can’t or won’t cover the gap, they can cancel the contract without losing their earnest money. Even if there is no Appraisal Contingency in a contract, some loans, such as VA or FHA loans require this protection for the Buyer and the law may “trump” the contract language to the contrary.

What Happens If a Buyer Just Gets Cold Feet?

Unfortunately, cold feet alone isn’t a valid legal reason to break the contract. If there are no contingencies left to rely on, walking away can cost the buyer their earnest money—and potentially more if the seller sues for breach of contract.

Protecting Yourself Before Signing a Real Estate Contract

• Always include necessary contingencies that apply to your financial and personal situation.
• Get pre-approved for a mortgage before making an offer. But keep in mind that pre-qualification by your lender is not binding or 100% certain to mean that they will actually make your loan.
• Understand what you’re signing. Never rush into a contract without fully reading it.
• Consult a real estate attorney if you have any doubts or complexities.

When to Contact a Real Estate Attorney

If you’re considering backing out of a real estate contract, or you’re a seller dealing with a buyer who wants to cancel, legal counsel can be crucial. An experienced real estate attorney in Virginia can review the contract, explain your rights, and help you take the right steps.

At Pittman & Associates, we help buyers and sellers navigate real estate transactions with clarity and confidence. Whether you’re facing a contract dispute or planning a home purchase, we’re here to guide you every step of the way.

Final Thoughts

In Virginia, a buyer can back out of a real estate contract under certain conditions—usually through carefully written contingencies. Understanding your rights and obligations under the contract is critical before making any decisions. When in doubt, seek legal advice. Walking away without a plan could cost you far more than a deposit.

The post Can a Buyer Back Out After a Signed Real Estate Contract in Virginia? appeared first on Pittman & Associates.

The answer depends on your marital status, how the home was titled, whether there’s a mortgage involved, and whether you and your spouse are in agreement. This article will walk you through your options and outline the legal paths available to help protect your property rights under Virginia law.

What Does It Mean to Be “On the Title”?

Let’s start by clarifying the term “title.” When someone is “on the title” of a property, it means they are a legal owner. The title is documented through a deed—a legal instrument recorded with the circuit court that shows who owns the property.

It’s common to confuse the title with the mortgage, but they are separate. Being listed on the mortgage means you are financially responsible for the loan. Being on the title means you own the property (in whole or in part).

In Virginia, most married couples take title as “tenants by the entirety,” a form of ownership that offers survivorship rights and legal protections. However, some properties are held jointly, as tenants in common, or in one spouse’s name alone. The type of ownership has a big impact on how and whether someone can be removed from title.     To make things even more complex, when married couples obtain a final divorce, the instant the decree is entered, the ownership is changed from from Tenants by the Entirety to Tenants in Common!

Common Scenarios in Virginia

Every situation is different, but here are some typical scenarios we see:

• Married but separated: You are still legally married, but living separately. You may or may not have a separation agreement.
• Divorced, but still co-owners: The divorce is final, but the property division wasn’t fully resolved.
• One spouse refuses to leave: You want to sell or refinance, but your spouse won’t cooperate.
• Your spouse is on the deed, but you paid for the house: You added them to the deed during the marriage, but now regret it.
• You want to keep the home: You’re living in the house and paying the mortgage, but want full ownership.   You won’t generally be able to refinance, get a line of credit against the  title, or sell without the cooperation of a co-owner!

Each of these situations requires a different approach, and the law offers several paths—some cooperative, some combative—to resolve ownership disputes.

Legal Ways to Remove a Spouse from Title in Virginia

1. Quitclaim Deed (Voluntary Transfer)

If you and your spouse are on good terms—or can reach a civil agreement—your spouse can voluntarily sign a quitclaim deed to transfer their ownership interest to you.

A quitclaim deed does not provide any warranties—it simply conveys any interest the person has in the property. It’s common in divorce settlements where one party is giving up rights to the home.

In Virginia, a quitclaim deed must:

• Be signed and notarized by the transferring party
• Be filed with the Clerk of the Circuit Court in the locality where the property is located
• Include the appropriate deed recording fees and taxes

Pros:

• Quick and cost-effective
• Avoids litigation

Cons:

• Must be voluntary
• Doesn’t affect the mortgage (you may still be jointly liable)

If your spouse refuses to sign a quitclaim deed, other legal options may be necessary.   If your spouse does agree to sign a deed over to you, it may behoove you to add an “assumption clause” to the deed if you think you might later want to get permission from the lender to be the sole borrower on the existing mortgage.

2. Divorce Settlement or Property Agreement

In Virginia, property is divided under the legal principle of equitable distribution, meaning the court will divide marital property in a way that is fair, but not necessarily equal.

If your home is considered marital property, a divorce decree can specify who retains ownership. The judge may:

• Order one spouse to refinance and remove the other’s name from the mortgage
• Order the home to be sold and proceeds divided
• Award the home to one party, conditioned on a buyout of the other’s equity

This process is formalized through a Marital Settlement Agreement or a court order, followed by execution of a deed transferring title.    Unfortunately, it is not uncommon for even good divorce lawyers to stop one step short of finalizing this process, i.e., they get the court order to sign it over but then just don’t draft a deed or get it signed to carry out the terms of the court order.   It can leave you no better off than you were before the court order and you may have to go back to court to hold a non-cooperating ex-spouse in contempt for later refusing to sign the deed.

The post How Do I Get My Estranged Spouse Off the Title to Our Home in Virginia? appeared first on Pittman & Associates.

In this comprehensive guide, we’ll break down the key documents required for an estate plan in Virginia, explain what they do, and help you understand how to get started. Whether you’re creating a plan from scratch or reviewing your current documents, this article is designed to empower you with knowledge and clarity.

Why Estate Planning Matters in Virginia

Estate planning isn’t just about what happens after you’re gone—it’s also about making decisions now that protect your family, your property, and your wishes. Virginia has its own laws governing probate, guardianship, medical decisions, and how assets are passed down. Without a plan, the state will make those decisions for you.

Some benefits of estate planning include:

• Ensuring your assets go to the right people
• Naming a guardian for your children
• Avoiding lengthy and costly probate proceedings
• Appointing someone to handle your affairs if you’re incapacitated
• Providing clarity and guidance to your loved ones

Let’s dive into the essential documents you’ll need to build a complete estate plan in Virginia.

1. Last Will and Testament

A Last Will and Testament is often the cornerstone of an estate plan. It outlines your wishes for how your assets should be distributed after your death and allows you to name guardians for minor children.

In Virginia, a valid will must:

• Be in writing
• Be signed by the testator (the person creating the will)
• Be witnessed by two competent adults who are present at the same time

You can change your will at any time by executing a codicil (a formal amendment) or creating a new will. If you die without a will in Virginia (called intestate), your property will be distributed according to Virginia’s default laws—which may not align with your wishes.

Your will can include:

• Named beneficiaries for specific property or monetary gifts
• Instructions for paying debts and taxes
• Designation of a guardian for minor children
• Appointment of an executor (the person who will carry out your instructions)

2. Durable Power of Attorney

A Durable Power of Attorney (POA) allows you to appoint someone to manage your financial affairs if you become incapacitated. This person, known as your agent, can pay bills, manage investments, file taxes, and handle legal matters on your behalf.

In Virginia, a POA is governed by the Uniform Power of Attorney Act, which provides a standardized framework and protections for both principals and agents. Without this document, your family may need to petition the court for conservatorship, which can be expensive and time-consuming.

A Power of Attorney should:

• Clearly define the agent’s powers and limits
• Specify whether it is effective immediately or only upon incapacity
• Be signed before a notary public to ensure legal recognition

3. Advance Medical Directive (Healthcare Power of Attorney & Living Will)

An Advance Medical Directive in Virginia combines two important healthcare-related documents:

• Healthcare Power of Attorney: Names someone to make medical decisions for you if you’re unable to communicate.
• Living Will: States your preferences regarding life-sustaining treatment, resuscitation, feeding tubes, and other end-of-life decisions.

Virginia law allows you to create one comprehensive document that includes both elements. This ensures your medical wishes are honored and gives your loved ones peace of mind during stressful or emotional times.

Why it matters:

• Without it, medical decisions may fall to family members who may not agree
• Physicians may be unsure of your preferences in a crisis
• It reduces the likelihood of legal disputes over your care

4. HIPAA Authorization Form

HIPAA (Health Insurance Portability and Accountability Act) limits who can access your medical information. Even if you’ve named someone in your Advance Medical Directive, some healthcare providers may require a separate HIPAA Authorization Form to release your medical records.

This form ensures that your chosen agents or family members can access critical health information in the event of an emergency or to coordinate your care.

5. Revocable Living Trust (Optional, But Valuable)

While not required for every estate plan, a Revocable Living Trust is an incredibly powerful tool—especially for those who want to avoid probate, maintain privacy, or provide structured support for their beneficiaries.

In a Living Trust:

• You (the grantor) place assets into the trust and retain control over them during your lifetime
• You name a successor trustee to manage and distribute the trust after your death or incapacity
• Unlike a will, assets in a trust do not go through probate

This makes the trust especially valuable for:

• Individuals with complex estates or out-of-state property
• Families with minor or special-needs children
• Those who desire greater control over how and when assets are distributed

Virginia courts generally recognize well-drafted revocable trusts, and they can be modified or revoked at any time during your life.

6. Beneficiary Designations and Asset Titling

Even with a well-drafted will or trust, not all property passes through your estate. Some assets transfer directly to beneficiaries through designations or joint ownership, including:

• Life insurance policies
• Retirement accounts (401(k), IRA)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) brokerage accounts
• Real estate held as joint tenants with right of survivorship

It’s important to review these designations regularly and ensure they align with your broader estate plan. If not, they could unintentionally override your will or trust instructions.

7. Letter of Intent (Optional, Not Legally Binding)

A Letter of Intent is a personal letter you leave behind to guide your loved ones and your executor. It’s not legally binding in Virginia but can serve as a valuable companion to your estate documents.

It may include:

• Funeral and burial wishes
• Explanations for your decisions
• Personal messages to family members
• Digital account access or passwords

Though not required, it helps bring a human touch to the process and reduces stress for your loved ones during an emotional time.

What Happens If You Don’t Have an Estate Plan in Virginia?

If you die without a valid will or estate plan in place, Virginia’s intestacy laws determine who inherits your assets. This could result in:

• Unintended heirs receiving part or all of your estate
• Children or stepchildren being treated differently under the law
• Unnecessary probate delays and expenses
• Family disagreements over guardianship, property, or healthcare decisions

Creating a clear, customized estate plan ensures your wishes—not the state’s defaults—guide what happens to your legacy.

Getting Started with Your Estate Plan in Virginia

Creating an estate plan doesn’t need to be overwhelming. Here’s how to begin:

1. List your assets – Include your real estate, bank accounts, investments, life insurance, personal belongings, etc.
2. Choose your fiduciaries – Select your executor, trustees, agents, and guardians.
3. Clarify your wishes – Decide how your property should be distributed and who should make decisions on your behalf if needed.
4. Consult an estate planning attorney – In Virginia, estate planning laws are specific. An experienced attorney will ensure your documents comply with state requirements and reflect your intentions.

Conclusion: A Plan Today Means Peace Tomorrow

Estate planning isn’t just for the elderly—it’s for anyone who wants to protect their family, finances, and future. By preparing these essential documents, you’re taking a powerful step toward clarity, control, and compassion for your loved ones.

At Pittman & Associates, we’re proud to help Virginians create thoughtful, effective estate plans tailored to their lives and goals. Whether you need a simple will or a comprehensive trust-based plan, our experienced team is here to guide you every step of the way.

Contact us today to schedule a consultation and begin your estate planning journey with confidence.

The post What Documents Are Required for an Estate Plan in Virginia? appeared first on Pittman & Associates.

Many homeowners mistakenly assume they can deduct all home-related expenses, but the IRS has specific rules on what qualifies. This article provides a comprehensive guide to the tax breaks available to homeowners in 2024, covering mortgage interest, property taxes, home offices, energy-efficient upgrades, and more.

Let’s explore what you can deduct, what you can’t, and how to make the most of homeownership tax benefits.

Section 1: Mortgage Interest Deduction

✅ What You Can Deduct

One of the most significant tax breaks for homeowners is the mortgage interest deduction. If you itemize deductions on your tax return, you can deduct interest paid on a mortgage loan used to buy, build, or improve a home.

• Maximum Deduction:
  • Up to $750,000 of mortgage debt (or $375,000 if married filing separately).
  • If you purchased your home before Dec. 16, 2017, the limit is $1 million ($500,000 if married filing separately).
• Eligible Properties: Applies to your first and second home (not investment properties).
• Mortgage Points: If you paid discount points to lower your interest rate, these may be deductible, either in full in the year paid or over the life of the loan.

❌ What You Can’t Deduct

• Mortgage principal payments (only interest is deductible).
• Interest on a home equity loan or HELOC (unless used for home improvements).
• Mortgage interest on rental properties (deducted differently as a business expense).

📌 Tax Tip: Your mortgage lender will send Form 1098 in January, summarizing how much interest you paid.

Section 2: Property Tax Deduction (SALT Cap)

✅ What You Can Deduct

If you itemize, you can deduct state and local property taxes, which fall under the State and Local Tax (SALT) deduction.

• Maximum Deduction: $10,000 ($5,000 if married filing separately).
• Includes: Property taxes on a primary or secondary residence.

❌ What You Can’t Deduct

• HOA fees, condo assessments, or other homeowner fees.
• Utility costs like water, sewer, or trash collection.
• Property transfer taxes paid when buying/selling a home.

📌 Important: The $10,000 SALT cap is set to expire in 2025, unless Congress extends it.

Section 3: Home Office Deduction

✅ What You Can Deduct (Self-Employed Homeowners)

If you work from home and are self-employed, you may be eligible for a home office deduction. The space must be exclusively used for business and be your principal place of business.

Deduction Options:

• Simplified method: $5 per square foot (up to 300 sq ft, max deduction: $1,500).
• Actual expense method: Deducts a percentage of home expenses (e.g., utilities, insurance, repairs).

❌ What You Can’t Deduct

• Home office expenses if you are a remote employee (TCJA removed this deduction in 2018).
• Any portion of your home used for both personal and business purposes.

📌 Tax Tip: Keep records of home office expenses and calculate the square footage correctly.

Section 4: Capital Improvements vs. Repairs

✅ Capital Improvements That Increase Home Value

While home repairs are not tax-deductible, certain capital improvements can provide tax benefits when selling your home. These expenses increase your home’s tax basis, reducing capital gains tax when you sell.

Examples of Capital Improvements:

• Major renovations: Kitchen or bathroom remodels.
• Structural upgrades: New roof, HVAC system, or plumbing.
• Accessibility modifications: Installing wheelchair ramps or widening doorways.

❌ What You Can’t Deduct Immediately

• Routine home repairs (e.g., fixing leaks, painting).
• Cosmetic improvements that don’t add value.

📌 Tax Tip: Keep receipts and records for all capital improvements to lower taxable gains when you sell.

Section 5: Medical-Related Home Modifications

✅ What You Can Deduct (If Medically Necessary)

Some home modifications may qualify as a medical expense deduction if they are medically necessary and prescribed by a doctor.

Eligible Modifications:

• Wheelchair ramps, stairlifts, or widening doorways.
• Bathroom grab bars and accessible showers.
• Lowering cabinets for disability access.

❌ What You Can’t Deduct

• Home upgrades made for convenience rather than medical necessity.
• Costs reimbursed by insurance.

📌 Tax Tip: These expenses must exceed 7.5% of adjusted gross income (AGI) to qualify.

Section 6: Green Energy Tax Credits

✅ Energy Tax Credits for Homeowners

Unlike deductions, tax credits directly reduce what you owe in taxes. The government offers significant tax credits for green energy upgrades.

1. Residential Clean Energy Credit (30%)

• Covers solar panels, wind turbines, geothermal systems, and battery storage.
• Available through 2032.

2. Energy Efficient Home Improvement Credit (Up to $1,200 Annually)

• Covers insulation, energy-efficient doors/windows, and HVAC systems.
• Heat pumps & biomass stoves qualify for up to $2,000.

3. EV Charger Tax Credit (30%)

• 30% of installation costs for home EV charging stations (max: $1,000).

📌 Tax Tip: These credits are not refundable, meaning they can’t exceed the taxes you owe.

Section 7: Other Tax Considerations for Homeowners

📌 Capital Gains Exclusion:

• When selling a primary residence, homeowners can exclude up to:
  • $250,000 (single filers) / $500,000 (married) in gains.
  • Must have lived in the home for 2 out of the last 5 years.

📌 Mortgage Insurance Deduction:

• Deduction for PMI (private mortgage insurance) expired in 2021 (Congress may extend it).

📌 Casualty Loss Deduction:

• Only available if your home is damaged in a federally declared disaster.

Keep in mind that some deductions you take now could hurt you when you sell the home.

For example, taking an office in the home deduction or depreciation you may have taken on an investment property that later becomes your residence, these immediate benefits can reduce your tax basis and increase your Capital Gains Tax when you sell. Some homeowners, usually those that have owned their home for decades, have such a large tax bill for capital gains when they sell that they needs specialized tax advice.

Two alternatives to paying a large capital gains tax may be to die in the property and let your heirs under your will get a “stepped up tax basis to current fair market value; or in some cases a homeowner can move out, use the property for rental income for a year for a certain number of years and then sell the property as investment property and roll the capital gains into a replacement property. This latter strategy may be facilitated by a 1031 Exchange.

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