55-519 - Required disclosures.
§ 55-519. Required disclosures.
With regard to transfers described in § 55-517 of this chapter, the owner ofthe residential real property shall furnish to a purchaser a residentialproperty disclosure statement in a form provided by the Real Estate Boardstating that the owner makes the following representations as to the realproperty:
1. The owner makes no representations or warranties as to the condition ofthe real property or any improvements thereon, and purchasers are advised toexercise whatever due diligence a particular purchaser deems necessaryincluding obtaining a certified home inspection, as defined in § 54.1-500, inaccordance with terms and conditions as may be contained in the real estatepurchase contract, but in any event, prior to settlement on a parcel ofresidential real property;
2. The owner makes no representations with respect to any matters that maypertain to parcels adjacent to the subject parcel and that purchasers areadvised to exercise whatever due diligence a particular purchaser deemsnecessary with respect to adjacent parcels in accordance with terms andconditions as may be contained in the real estate purchase contract, but inany event, prior to settlement on a parcel of residential real property;
3. The owner makes no representations to any matters that pertain to whetherthe provisions of any historic district ordinance affect the property andpurchasers are advised to exercise whatever due diligence a particularpurchaser deems necessary with respect to any historic district designated bythe locality pursuant to § 15.2-2306, including review of any local ordinancecreating such district or any official map adopted by the locality depictinghistoric districts, in accordance with terms and conditions as may becontained in the real estate purchase contract, but in any event, prior tosettlement on a parcel of residential real property;
4. The owner makes no representations with respect to whether the propertycontains any resource protection areas established in an ordinanceimplementing the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.)adopted by the locality where the property is located pursuant to § 10.1-2109and that purchasers are advised to exercise whatever due diligence aparticular purchaser deems necessary to determine whether the provisions ofany such ordinance affect the property, including review of any official mapadopted by the locality depicting resource protection areas, in accordancewith terms and conditions as may be contained in the real estate purchasecontract, but in any event, prior to settlement on a parcel of residentialreal property;
5. The owner makes no representations with respect to information on anysexual offenders registered under Chapter 23 (§ 19.2-387 et seq.) of Title19.2 and that purchasers are advised to exercise whatever due diligence theydeem necessary with respect to such information, in accordance with terms andconditions as may be contained in the real estate purchase contract, but inany event, prior to settlement pursuant to that contract;
6. The owner represents that there are no pending enforcement actionspursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) that affectthe safe, decent, sanitary living conditions of the property of which theowner has been notified in writing by the locality, except as disclosed onthe disclosure statement, nor any pending violation of the local zoningordinance which the violator has not abated or remedied under the zoningordinance, within a time period set out in the written notice of violationfrom the locality or established by a court of competent jurisdiction, exceptas disclosed on the disclosure statement;
7. The owner makes no representations with respect to whether the property iswithin a dam break inundation zone. Such disclosure statement shall advisepurchasers to exercise whatever due diligence they deem necessary withrespect to whether the property resides within a dam break inundation zone,including a review of any map adopted by the locality depicting dam breakinundation zones;
8. The owner makes no representations with respect to the presence of anystormwater detention facilities located on the property and purchasers areadvised to exercise whatever due diligence they deem necessary to determinethe presence of any stormwater detention facilities on the property, inaccordance with terms and conditions as may be contained in the real estatepurchase contract, but in any event, prior to settlement pursuant to thatcontract; and
9. The owner makes no representations with respect to the presence of anywastewater system, including the type or size thereof or associatedmaintenance responsibilities related thereto, located on the property andpurchasers are advised to exercise whatever due diligence they deem necessaryto determine the presence of any wastewater system on the property, inaccordance with terms and conditions as may be contained in the real estatepurchase contract, but in any event, prior to settlement pursuant to thatcontract.
(1992, c. 717; 1996, c. 379; 1998, cc. 384, 795; 2005, c. 510; 2006, cc. 247,514, 533, 705, 767; 2007, cc. 265, 784; 2008, c. 491; 2009, c. 641; 2010, c.518.)