In any civil action to rescind a deed, contract, or other instrument, the court may award to the plaintiff 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.
§ 8.01-221.2.Rescission; undue influence; attorney fees.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 2014 · Last verified July 16, 2026
In one sentenceSection 8.01-221.2 lets a court award a successful plaintiff reasonable attorney fees and costs in a civil action to rescind a deed, contract, or other instrument when clear and convincing evidence shows the defendant obtained it through fraud or undue influence.
Full Text of § 8.01-221.2
Plain-English Summary
Rescission actions ask a court to unwind a deed, contract, or similar instrument — treating it as void from the start — often because the plaintiff claims it was procured through fraud or undue influence, situations that arise, for example, when someone exploits an elderly or vulnerable person’s trust to obtain a favorable deed or contract.
This section gives courts a tool beyond voiding the instrument: the power to award the successful plaintiff reasonable attorney fees and costs tied to bringing the action. That fee-shifting power is conditioned on a heightened showing — the court has to find, by clear and convincing evidence, that fraud or undue influence on the defendant’s part produced the instrument. That standard sits above the ordinary preponderance-of-the-evidence standard used in most civil cases, reflecting the seriousness of the finding needed to trigger fee-shifting.
Frequently Asked Questions
Can I recover attorney fees for suing to void a deed obtained by fraud?
Possibly. Section 8.01-221.2 allows a court to award reasonable attorney fees and costs in an action to rescind a deed, contract, or other instrument, if the court finds by clear and convincing evidence that fraud or undue influence produced it.
What standard of proof applies to a fee award under this section?
Clear and convincing evidence — a higher bar than the preponderance-of-the-evidence standard used for most civil claims, though lower than the criminal beyond-a-reasonable-doubt standard.
Does this section apply to every type of contract dispute?
It applies to civil actions to rescind a deed, contract, or other instrument specifically on grounds of fraud or undue influence; it is not a general fee-shifting statute for every kind of contract claim.
Is an attorney fee award automatic once rescission is granted?
No. The statute says the court “may” award fees and costs, which makes the award discretionary even after the clear-and-convincing showing is made, not a guaranteed component of every successful rescission case.
What kind of case commonly relies on this section?
Cases alleging that a vulnerable person — often an elderly individual — was pressured or deceived into signing a deed or contract that a court later voids for undue influence or fraud.
Amendment History
2014, c. 164.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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