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2021 SESSION
21100798DBe it enacted by the General Assembly of Virginia:
1. That § 55.1-703 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 55.1-708.2 as follows:
§ 55.1-703. Required disclosures for buyer to beware; buyer to exercise necessary due diligence.
A. The owner of the residential real property shall furnish to a purchaser a residential property disclosure statement for the buyer to beware of certain matters that may affect the buyer's decision to purchase such real property. Such statement shall be provided by the Real Estate Board on its website.
B. The residential property disclosure statement provided by the Real Estate Board on its website shall include the following:
1. The owner 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, or any conveyances of mineral rights, 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, and a residential building energy analysis, as defined in § 54.1-1144, 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;
2. The owner 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. The owner 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. The owner 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. The owner 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. The owner makes no representations with respect to whether the property is within a dam break inundation zone. Such disclosure statement shall advise purchasers 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. The owner makes no representations with respect to the presence of any wastewater system, including the type or size of the wastewater system or associated maintenance responsibilities related to the wastewater system, 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;
8. The owner makes no representations with respect to any right to install or use solar energy collection devices on the property;
9. The owner 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) reviewing any map depicting special flood
hazard areas, (iii) contacting the Federal Emergency Management Agency (FEMA)
or visiting the website for FEMA's National Flood Insurance Program or for the
Virginia Department of Conservation and Recreation's Flood Risk Information
System, and (iv) determining 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;
10.
The owner 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;
11. 10. The
owner 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;
12. 11. The owner makes no
representations with respect to whether the property is located on or near
deposits of marine clays (marumsco soils), 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 consulting public resources regarding local soil conditions
and having the soil and structural conditions of the property analyzed by a
qualified professional;
13. 12. The owner makes no
representations with respect to whether the property is located in a locality
classified as Zone 1 or Zone 2 by the U.S. Environmental Protection Agency's
(EPA) Map of Radon Zones, and purchasers are advised to exercise whatever due
diligence they deem necessary to determine whether the property is located in
such a zone, including (i) reviewing the EPA's Map of Radon Zones or visiting
the EPA's radon information website; (ii) visiting the Virginia Department of
Health's Indoor Radon Program website; (iii) visiting the National Radon
Proficiency Program's website; (iv) visiting the National Radon Safety Board's
website that lists the Board's certified contractors; and (v) ordering a radon
inspection, 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;
14. 13. The owner makes no
representations with respect to whether the property contains any pipe, pipe or
plumbing fitting, fixture, solder, or flux that does not meet the federal Safe
Drinking Water Act definition of "lead free" pursuant to 42 U.S.C. §
300g-6, and purchasers are advised to exercise whatever due diligence they deem
necessary to determine whether the property contains any pipe, pipe or plumbing
fitting, fixture, solder, or flux that does not meet the federal Safe Drinking
Water Act definition of "lead free," 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;
15. 14. The owner makes no
representations with respect to the existence of defective drywall on the
property, and purchasers are advised to exercise whatever due diligence they
deem necessary to determine whether there is defective drywall on the property,
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. For purposes of this subdivision, "defective drywall" means
the same as that term is defined in § 36-156.1; and
16. 15. The owner makes no
representation with respect to the condition or regulatory status of any
impounding structure or dam on the property or under the ownership of the
common interest community that the owner of the property is required to join,
and purchasers are advised to exercise whatever due diligence a particular
purchaser deems necessary to determine the condition, regulatory status, cost
of required maintenance and operation, or other relevant information pertaining
to the impounding structure or dam, including contacting the Department of
Conservation and Recreation or a licensed professional engineer.
C. The residential property disclosure statement shall be delivered in accordance with § 55.1-709.
§ 55.1-708.2. Required disclosures; special flood hazard areas.
Notwithstanding the exemptions in § 55.1-702, if the owner of residential real property has actual knowledge that the property is located in one or more special flood hazard areas, the owner shall provide to a prospective purchaser a written disclosure that states such information. Such disclosure shall be provided to the purchaser on a form provided by the Real Estate Board on its website and otherwise in accordance with this chapter.