Civil action; rescission of deed, etc., court may award to plaintiff reasonable attorney fees, etc. (HB312)

Introduced By

Del. David Toscano (D-Charlottesville)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Action for rescission of a deed or other instrument on grounds of undue influence; attorney fees. Provides that in any civil action to rescind a deed, contract, or other instrument, the plaintiff is entitled to reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the instrument was obtained by fraud or undue influence on the part of the defendant. Read the Bill »


Bill Has Passed


01/02/2014Prefiled and ordered printed; offered 01/08/14 14101658D
01/02/2014Referred to Committee for Courts of Justice
01/10/2014Assigned Courts sub: Civil
01/13/2014Subcommittee recommends reporting (8-Y 1-N)
01/20/2014Reported from Courts of Justice (21-Y 0-N) (see vote tally)
01/22/2014Read first time
01/23/2014Read second time and engrossed
01/24/2014Read third time and passed House BLOCK VOTE (95-Y 0-N)
01/24/2014VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
01/27/2014Constitutional reading dispensed
01/27/2014Referred to Committee for Courts of Justice
02/12/2014Reported from Courts of Justice (11-Y 3-N) (see vote tally)
02/14/2014Constitutional reading dispensed (37-Y 0-N)
02/17/2014Read third time
02/17/2014Reading of amendment waived
02/17/2014Amendment by Senator Obenshain agreed to
02/17/2014Engrossed by Senate as amended
02/17/2014Passed Senate with amendment (40-Y 0-N)
02/18/2014Placed on Calendar
02/19/2014Senate amendment agreed to by House (99-Y 0-N)
02/19/2014VOTE: ADOPTION (99-Y 0-N) (see vote tally)
02/21/2014Bill text as passed House and Senate (HB312ER)
02/21/2014Signed by Speaker
02/23/2014Signed by President
03/05/2014G Approved by Governor-Chapter 164 (effective 7/1/14)
03/05/2014G Acts of Assembly Chapter text (CHAP0164)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 5 minutes.