If you are dealing with a partnership conflict in 2026, here are 10 things you should know before your next move.

10 Key Things Business Partners in Maryland Should Know About Partnership Disputes

Business Disputes Escalate Quickly if Left Unresolved 

Partnership disputes often intensify rather than calming down because the same people involved in the conflict are also responsible for running the business day to day. Disagreements over financial decisions or authority can quickly affect vendors, employees, and customers. This raises the stakes for resolving the issue as quickly and efficiently as possible.]]> Business and Commercial Litigation 2026-07-13 00:00:00 https://www.moghullaw.com/blog/buying-out-your-business-partner-in-virginia-key-aspects-of-a-well-structured-buyout-agreement https://www.moghullaw.com/blog/buying-out-your-business-partner-in-virginia-key-aspects-of-a-well-structured-buyout-agreement Buying out a business partner is a pivotal moment for any company. In Virginia, LLC member buyouts (and similar shareholder buyouts for corporations) involve complex legal and financial considerations. Whether you’re a Virginia entrepreneur planning a business partner buyout on friendly terms or navigating a contentious split, it’s crucial to understand the legal landscape and key contract terms. A well-structured buyout agreement can mean the difference between a smooth transition and a protracted legal battle.

Below, we outline the primary considerations – from valuation disputes to confidentiality – that Virginia business owners should keep in mind when buying out an LLC member. These insights draw on Virginia law and the provisions of a sophisticated membership interest buyout agreement, illustrating how to protect your interests at every step.

1. ADHERING TO VIRGINIA LAW AND YOUR OPERATING AGREEMENT

Virginia’s LLC laws are very contract-friendly, giving members wide latitude to set the rules for buyouts in the operating agreement. This means your first guide should be the operating agreement of your LLC. It may specify how a member can be bought out, how to calculate the price, and what approval is required. If the operating agreement’s buyout provisions differ from the plan you negotiate, all members may need to approve an amendment or waiver of those terms. Ensure you comply with any required supermajority or unanimous consent before finalizing the deal.]]> Business and Corporate Law 2025-09-05 00:00:00 https://www.moghullaw.com/blog/mistakes-to-avoid-when-using-chatgpt-to-draft-llc-operating-agreements https://www.moghullaw.com/blog/mistakes-to-avoid-when-using-chatgpt-to-draft-llc-operating-agreements Limited liability companies (LLCs) are one of the most popular business structures in Virginia. They offer flexibility, tax advantages, and liability protection for members. When forming an LLC, it is crucial to put a comprehensive operating agreement in place. An LLC operating agreement is a legal document that governs how the company will run, how profits will be distributed, and how disputes will be resolved.

When creating operating agreements, business partners may try to use AI tools like ChatGPT to quickly generate documents that will meet their needs. However, while ChatGPT can assist with building the basic framework of an agreement, it may not fully address all of the issues that could affect the members of an LLC. Relying solely on automated systems to generate legal documents can result in serious concerns down the road. An incomplete or improperly drafted agreement can leave members vulnerable to unnecessary taxes, litigation, or even the dissolution of the company.]]> Business and Corporate Law 2025-08-28 00:00:00 https://www.moghullaw.com/blog/homeowners-v-contractors-key-things-to-be-aware-of-in-residential-construction-contract-disputes https://www.moghullaw.com/blog/homeowners-v-contractors-key-things-to-be-aware-of-in-residential-construction-contract-disputes When hiring a contractor for a home improvement or construction project in Virginia, the contract you sign is more than just a formality; it is a legally binding document that governs the entire relationship between you and the contractor. A well-drafted construction contract will protect your rights, outline the expectations for everyone involved, and minimize the risk of costly disputes.

Our highly-sought litigation team has won precedent-setting construction law cases, including one recently where a Fairfax jury awarded our client, an injured homeowner, $565,000 in damages against an unlicensed construction company after a four-day jury trial in Fairfax County Circuit Court.

Confirming the Contractor’s License

The Department of Professional and Occupational Regulation (DPOR) is the body that governs the contracting industry and is responsible for maintaining ethics in that field. You can verify whether a contractor is licensed or not by searching the DPOR’s License Lookup here.]]> Real Estate 2025-08-14 00:00:00 https://www.moghullaw.com/blog/the-different-types-of-deeds-in-virginia-and-characteristics-of-each-a-comprehensive-guide https://www.moghullaw.com/blog/the-different-types-of-deeds-in-virginia-and-characteristics-of-each-a-comprehensive-guide Today, we're going to delve into the world of real estate deeds in the Commonwealth of Virginia. A deed, in its simplest form, is a legal document that transfers ownership of real estate from one party to another. However, not all deeds are created equal. In Virginia, there are several types of deeds, each with its own unique characteristics and uses. Let's explore them together.

1. General Warranty Deed

The General Warranty Deed is the gold standard of deeds. It provides the highest level of protection for the buyer because the seller guarantees that they own the property free and clear of any liens or encumbrances. This guarantee extends back to the property's origins, regardless of the property's history.

Typically, when property is sold by a Seller to a Buyer, a deed is drafted granting title to the Buyer. The General Warranty Deed and Special Warranty Deed are deeds which contain warranties/covenants which protect the Buyer

With this deed, the legal title to the property is transferred to the Buyer. The deed also provides assurance that the Seller is the lawful owner of the property and that the title to the property is marketable, meaning that there are no liens that would prevent the transfer of the property. The deed will include six covenants of title (warranties) representing the Seller's promises to the buyer. Three of these covenants are known as "present covenants," and they will apply to the Seller. The other three covenants are known as "future covenants," and they allow the Buyer to take enforcement actions against any of the property's previous owners if these covenants are breached.]]> Real Estate 2025-06-24 00:00:00 https://www.moghullaw.com/blog/can-you-use-a-power-of-attorney-in-a-real-estate-closing-what-you-should-know https://www.moghullaw.com/blog/can-you-use-a-power-of-attorney-in-a-real-estate-closing-what-you-should-know It is not unusual for a party to a real estate transaction to be unavailable to personally execute the voluminous number of documents required at closing.  In some cases, the signatory is out of the State or Country, in others the signatory may be hospitalized or otherwise not competent to personally execute a conveyance or purchase of property. In each of these, a power of attorney ("POA") may be used to allow another person to execute for the principal.  However, there are important issues to understand which may impact the ability for a POA to be used.

Types of POAs

There are two forms of POAs that are seen in a real estate transaction, a General Durable POA and Specific POA.

General Durable Power of Attorney

The General Durable POA allows the agent to execute and act for the principal in virtually all instances in which the principal could act.  This is usually created in the context of planning one’s estate or in the event the principal fears that some event will occur that will cause him or her to be disabled or injured to the extent they would not be able to act.  It includes the word "Durable" because it states that the POA will continue to be in effect even if the principal is disabled or not otherwise competent to act.]]> Real Estate 2025-06-20 00:00:00 https://www.moghullaw.com/blog/issues-to-consider-before-leasing-commercial-property-in-virginia https://www.moghullaw.com/blog/issues-to-consider-before-leasing-commercial-property-in-virginia On behalf of Faisal Moghul of Fox & Moghul posted in a blog on Friday, January 10, 2020.

The purpose of this article is to give interested parties an overview of the commercial leasing process. This memorandum is not intended to establish an attorney client relationship and the information provided herein is strictly for informational purposes only.

When preparing to acquire a commercial property, either by lease or purchase, the principal of "caveat emptor" should be at the forefront of our minds. This is because the many protections often afforded by statutes or common law to the purchaser of a home are absent from a commercial transaction.

Remember that the structure of a commercial lease is very different from an ordinary residential lease. Assuming that you have conducted a diligent market analysis and selected the right location for your business, here are the next steps that you must follow before executing your commercial lease.]]> Real Estate 2025-06-19 00:00:00 https://www.moghullaw.com/blog/earnest-money-deposit-emd-disputes-and-nvar-real-estate-purchase-and-sale-contracts https://www.moghullaw.com/blog/earnest-money-deposit-emd-disputes-and-nvar-real-estate-purchase-and-sale-contracts Our firm often gets calls regarding EMD disputes in real estate transactions. An earnest money deposit (EMD) is an amount of money that is deposited by a buyer and held in an escrow account to ensure compliance with the terms of the Real Estate Contract. The amount of the deposit is negotiated between the buyer and seller at the time the contract is signed, with input from your agent. The EMD is held by the escrow agent, named in the contract. The real estate broker or the settlement agent can act as your escrow agent.

The Escrow Agent

The escrow agent is charged with holding the EMD until the closing. This amount is then credited to the buyer on the Closing Disclosure (the CD). In the event there is a dispute between the buyer and seller or if the closing does not occur, the escrow agent will continue to hold these funds until a Release of Deposit is executed by both parties (buyer and seller).

The signed Release details which party is to receive the EMD and specific disbursements to each party, if it is to be divided. The escrow agent cannot disburse the EMD without a signed Release. In the event the parties cannot agree on how to disburse the EMD, the escrow agent has the option of paying that amount into the court. In that event, the parties must petition the court to have it disbursed. This will cause each party to incur court and legal fees. The escrow agent has the right to subtract any fees they incur in the event they pay the EMD into the court. That will reduce the amount available for disbursement to both the buyer and seller. It is most advantageous for everyone to agree on a disbursement and prevent a court action. In the event of a dispute over an EMD, Fox & Moghul can help resolve this issue.]]> Real Estate 2025-06-17 00:00:00 https://www.moghullaw.com/blog/what-can-i-do-if-i-own-a-property-with-my-girlfriend-or-ex-wife-and-we-have-broken-up https://www.moghullaw.com/blog/what-can-i-do-if-i-own-a-property-with-my-girlfriend-or-ex-wife-and-we-have-broken-up This is a very common question pertaining to the relative rights between unmarried couples who co-own property. In other words, home ownership among nonmarried couples. Typically, a couple decide to buy real estate together and the deed lists both of them as co-owners of the property.

Soon, things go south and the parties start fighting over whatever property they shared or owned. In this case, the issue of which party or parties are signatories to the mortgage is also important in determining what the relative rights of the parties are in this scenario. If you are on title to a property with your ex-significant other ("Ex"), you hold title as either tenants in common or joint tenants with rights of survivorship. If the time has come to separate oneself from such joint ownership, the law affords a statute that can be used to achieve that end (Va. Code § 8.01-81 to § 8.01-93).

In the event a co-owner wants to extract himself from title, a partition can be accomplished in one of three ways. However, a fourth option exists, defined below.]]> Real Estate 2025-06-16 00:00:00 https://www.moghullaw.com/blog/how-to-transfer-title-of-property-from-myself-to-llc-deed-title-and-other-key-considerations https://www.moghullaw.com/blog/how-to-transfer-title-of-property-from-myself-to-llc-deed-title-and-other-key-considerations When it comes time to contribute personally owned real estate into your LLC, there are key legal steps and practical considerations that must be followed to ensure a proper transfer of title and risk management for both the individual and the LLC. The process involves more than simply recording a deed—it must be done in a manner that protects your interests and complies with lender requirements, lease obligations, and title insurance coverage.

Form the LLC and Obtain an EIN

Before you can transfer title to your LLC, you must properly form the LLC with the Virginia State Corporation Commission and obtain an Employer Identification Number (EIN) from the IRS. This establishes the LLC as a legal entity capable of holding title to real estate.

Draft and Record Deed of Gift

A Deed of Gift is commonly used when contributing property to an LLC without receiving payment. This deed must clearly identify the grantor (you) and grantee (your LLC), with proper legal descriptions of the property. The deed must be executed, notarized, and recorded in the land records of the county or city where the property is located.]]> Real Estate 2025-06-13 00:00:00