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    RESIDENTIAL PROPERTY DISCLOSURE STATEMENT

    Notice to Seller and Purchaser of Buyer Beware Disclosures  


    The Virginia Residential Property Disclosure Act (§ 55-517 et seq. of the Code of Virginia) governs the information owners must disclose to prospective purchasers of residential real property. 
    Certain residential property transfers are excluded from the requirements (see § 55-518). 
    1. CONDITION: The owner(s) of the residential real property makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary including obtaining a home inspection, as defined in § 54.1-500, in accordance with the terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    2. ADJACENT PARCELS: The owner(s) makes no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel, including zoning classification or permitted uses of adjacent parcels, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    3. HISTORIC DISTRICT ORDINANCE(S): The owner(s) makes no representations to any matters that pertain to whether the provisions of any historic district ordinance affect the property and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to any historic district designated by the locality pursuant to § 15.2-2306, including review of (i) any local ordinance creating such district, (ii) any official map adopted by the locality depicting historic districts, and (iii) any materials available from the locality that explain (a) any requirements to alter, reconstruct, renovate, restore, or demolish buildings or signs in the local historic district and (b) the necessity of any local review board or governing body approvals prior to doing any work on a property located in a local historic district, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    4. RESOURCE PROTECTION AREAS: The owner(s) makes no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) adopted by the locality where the property is located pursuant to § 62.1-44.15:74, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine whether the provisions of any such ordinance affect the property, including review of any official map adopted by the locality depicting resource protection areas, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    5. SEXUAL OFFENDERS: The owner(s) makes no representations with respect to information on any sexual offenders registered under Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, and purchasers are advised to exercise whatever due diligence they deem necessary with respect to such information, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    6. DAM BREAK INUNDATION ZONE(S): The owner(s) makes no representations with respect to whether the property is within a dam break inundation zone and purchasers are advised to exercise whatever due diligence they deem necessary with respect to whether the property resides within a dam break inundation zone, including a review of any map adopted by the locality depicting dam break inundation zones. 
    7. STORMWATER DETENTION FACILITIES: The owner(s) makes no representations with respect to the presence of any stormwater detention facilities located on the property, or any maintenance agreement for such facilities, and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any stormwater detention facilities on the property, or any maintenance agreement for such facilities, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract. 
    8. WASTEWATER SYSTEM: The owner(s) makes no representations with respect to the presence of any wastewater system, including the type or size thereof or associated maintenance responsibilities related thereto, located on the property and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any wastewater system on the property and the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump-out of septic tanks, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.
    9. SOLAR ENERGY COLLECTION DEVICE(S): The owner(s) makes no representations with respect to any right to install or use solar energy collection devices on the property. 
    10. SPECIAL FLOOD HAZARD AREAS: The owner(s) makes no representations with respect to whether the property is located in one or more special flood hazard areas and purchasers are advised to exercise whatever due diligence they deem necessary, including (i) obtaining a flood certification or mortgage lender determination of whether the property is located in one or more special flood hazard areas, (ii) review of any map depicting special flood hazard areas, and (iii) whether flood insurance is required, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.
    11. CONSERVATION OR OTHER EASEMENTS: The owner(s) makes no representations with respect to whether the property is subject to one or more conservation or other easements and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to such contract.
    12. COMMUNITY DEVELOPMENT AUTHORITY: The owner(s) makes no representations with respect to whether the property is subject to a community development authority approved by a local governing body pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51 of Title 15.2 and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including determining whether a copy of the resolution or ordinance has been recorded in the land records of the circuit court for the locality in which the community development authority district is located for each tax parcel included in the district pursuant to § 15.2-5157, but in any event, prior to settlement pursuant to such contract. 


    AFFIRMATIVE WRITTEN DISCLOSURE REQUIREMENTS

    Sellers and buyers may need to complete one or more of the following written disclosures.
    • FORMS for residential transactions that require affirmative written disclosures, in accordance with the Virginia Residential Property Disclosure Act ( § 55-517 et seq. of the Code of Virginia), are available here

    NOTE: This information is provided as a resource and does not constitute legal advice. The applicable Virginia Code sections should be consulted before taking any action based on this information, which is intended solely to provide an abridged overview of disclosure requirements and may not be applicable to all transactions. The entire Code of Virginia is accessible online and searchable at http://law.lis.virginia.gov/vacode. You should retain the services of an attorney if you need legal advice or representation.

    • FIRST SALE OF A DWELLING: Transfers involving the first sale of a dwelling are exempt from the disclosure requirements of the Act, except § 55-518.B requires that the builder shall disclose in writing to the purchaser all known material defects which would constitute a violation of any applicable building code. (If no defects are known by the builder to exist, no written disclosure is required.)  
    • PLANNING DISTRICT 15: For property that is located wholly or partially in any locality comprising Planning District 15, § 55-518.B states that the builder or owner shall disclose in writing any knowledge of (i) whether mining operations have previously been conducted on the property or (ii) the presence of any abandoned mines, shafts, or pits.  
    • § 55-519.1 contains a disclosure requirement for properties located in any locality in which there is a military air installation. 
    • § 55-519.2 contains a disclosure requirement for properties with defective drywall.
    • § 55-519.2:1 contains a disclosure requirement for properties with pending building code or zoning ordinance violations.
    • § 55-519.4 contains a disclosure requirement for properties previously used to manufacture methamphetamine. 
    • § 32.1-164.1:1 contains a disclosure requirement regarding the validity of septic system operating permits. 

    SEE ALSO the Virginia Condominium Act (§ 55-79.39 et seq.), the Virginia Real Estate Cooperative Act (§ 55-424 et seq.), and the Virginia Property Owners’ Association Act (§ 55-508 et seq.). 


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    rev 07/10/17