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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 55-70.1 of the Code of Virginia is amended and reenacted as follows:
§ 55-70.1. Implied warranties on new homes.
A. In every contract for the sale of a new dwelling, the vendor shall be held to warrant to the vendee that, at the time of the transfer of record title or the vendee's taking possession, whichever occurs first, the dwelling with all its fixtures is, to the best of the actual knowledge of the vendor or his agents, sufficiently (i) free from structural defects, so as to pass without objection in the trade, and (ii) constructed in a workmanlike manner, so as to pass without objection in the trade.
B. In addition, in every contract for the sale of a new dwelling, the
vendor, if he be is in the business of building or selling such
dwellings, shall be held to warrant to the vendee that, at the time of
transfer of record title or the vendee's taking possession, whichever occurs
first, the dwelling together with all its fixtures is sufficiently (i) free
from structural defects, so as to pass without objection in the trade, (ii)
constructed in a workmanlike manner, so as to pass without objection in the
trade, and (iii) fit for habitation.
C. The above warranties implied in the contract for sale shall be held to
survive the transfer of title. Such warranties are in addition to, and not in
lieu of, any other express or implied warranties pertaining to the dwelling,
its materials or fixtures. A contract which waives, modifies or excludes
some or all of the warranties contained in this section shall be valid, but
the words used to waive, modify or exclude such warranties shall be
conspicuously (as defined in § 8.1-201 (10)) set forth on the face of such
contract, and shall specify the particular warranty or warranties to be
waived, modified or excluded. A contract for sale may waive, modify or
exclude any or all express and implied warranties and sell a new home "as is"
only if the words used to waive, modify or exclude such warranties are
conspicuously (as defined by § 8.1-201(10)) set forth on the face of such
contract in capital letters which are at least two points larger than the
other type in the contract and only if the words used to waive, modify or
exclude the warranties state with specificity the warranty or warranties that
are being waived, modified or excluded. If all warranties are waived or
excluded, a contract must specifically set forth in capital letters which are
at least two points larger than the other type in the contract that the
dwelling is being sold "as is".
D. If there is a breach of warranty under this section, the vendee, or his heirs or personal representatives in case of his death, shall have a cause of action against his vendor for damages.
E. The warranty shall extend for a period of one year from the date of transfer of record title or the vendee's taking possession, whichever occurs first, except that the warranty pursuant to subdivision (i) of subsection B for the foundation of new dwellings shall extend for a period of five years from the date of transfer of record title or the vendee's taking possession, whichever occurs first. Any action for its breach shall be brought within two years after the breach thereof. As used in this section, the term "new dwelling" shall mean a dwelling or house which has not previously been occupied for a period of more than sixty days by anyone other than the vendor or the vendee or which has not been occupied by the original vendor or subsequent vendor for a cumulative period of more than twelve months excluding dwellings constructed solely for lease. The term "new dwelling" shall not include a condominium or condominium units created pursuant to Chapter 4.2 (§ 55-79.39 et seq.) of this title.
F. The term "structural defects," as used in this section, shall mean a defect or defects which reduce the stability or safety of the structure below accepted standards or which restrict the normal use thereof.