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2014 SESSION

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14101658D
HOUSE BILL NO. 312 Offered January 8, 2014 Prefiled January 2, 2014 A BILL to amend the Code of Virginia by adding a section numbered 8.01-221.2, relating to civil action; rescission; undue influence; attorney fees. ---------- Patron-- Toscano ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-221.2 as follows:

§ 8.01-221.2. Rescission; undue influence; attorney fees.

In any civil action to rescind a deed, contract, or other instrument, the plaintiff shall be entitled to reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the deed, contract, or other instrument was obtained by fraud or undue influence on the part of the defendant.