SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
035988604Be it enacted by the General Assembly of Virginia:
1. That §§ 43-13.2 and 43-13.3 of the Code of Virginia are amended and reenacted as follows:
§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale.
A person who is both the owner of a one 1- or two 2-family residential dwelling
unit and either a developer of such property, a contractor in connection with the development or improvement of such
property or a contractor or subcontractor furnishing labor or material in
connection with the development or improvement of such property shall, at the
time of settlement on the sale of such property, provide the purchaser with [
an affidavit or ] a signed statement [ attested to by a witness ] stating
either (i) that all persons performing labor or furnishing materials in
connection with the improvements on such property and with whom such owner is
in privity of contract have been paid in full or (ii) the name, address and
amount payable or claimed to be payable to any person so performing labor or
furnishing materials and with whom such owner is in privity of contract.
Willful failure to provide such statement or any willful material
misrepresentation with respect to such a statement which causes a monetary loss
to a financial institution, title company, contractor, subcontractor, supplier,
owner, mechanics' lien agent or any other person or institution shall be
punishable as a Class 5 felony.
§ 43-13.3. An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty.
Any person who is the owner of a one 1-family or two 2-family residential
dwelling unit not included within the scope of § 43-13.2 shall, at the time of
settlement on the sale of such property, provide the purchaser, or lender in the
case of a permanent loan or refinance, with [ an affidavit or ] a signed
statement [ attested to by a witness ] stating either (i) that all persons
performing labor or furnishing materials in connection with any improvements on such property
within 120 days prior to the date of settlement and with whom such owner is in
privity of contract have been paid in full, or (ii) the name, address and
amount payable or claimed to be payable to any person so performing labor or
furnishing materials and with whom such owner is in privity of contract. Any
willful material misrepresentation in the [ affidavit or ] signed statement [
attested to by a witness ] which causes a monetary loss to any financial
institution, title company, or purchaser shall be punishable as a Class 3
misdemeanor.