reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-641. Acknowledgments taken before notary whose commission has expired; later date; intervening vested rights saved

All certificates of acknowledgment to deeds and other writings taken and certified prior to July 1, 1995, by notaries public appointed or commissioned by the Governor who took and certified such acknowledgments after their term of office had expired shall be held and are hereby declared valid and effective in all respects if otherwise valid according to the law then in force, and all such deeds and other writings that have been recorded in any clerk's office in the Commonwealth upon such certificates shall be held to be duly and regularly recorded if such recordation is otherwise valid according to the law then in force; however, nothing in this section shall be so construed as to affect any intervening vested rights.
1934, p. 258; Michie Code 1942, § 5209j; Code 1950, § 55-134; 1952, c. 244; 1972, c. 631; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-642. Acknowledgments taken before notary who was appointed but failed to qualify; vested rights saved

All certificates of acknowledgment to deeds and other writings taken and certified prior to July 1, 1995, by a person who was appointed as a notary public by the Governor but who failed to qualify as provided by law shall be held and are hereby declared valid and effective in all respects if otherwise valid, and all such deeds and other writings that have been recorded in any clerk's office in the Commonwealth upon such certificates shall be held to be duly and regularly recorded if such recordation is otherwise valid according to law; however, nothing in this section shall be so construed as to affect any intervening vested rights.
1956, c. 713, § 55-134.1; 1959, Ex. Sess., c. 92; 1972, c. 631; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-643. Acknowledgments taken before a notary at large who failed to cite the jurisdiction in which the acknowledgment was taken; vested rights saved

All certificates of acknowledgment to deeds and other writings taken and certified prior to July 1, 1995, by a person who was appointed a notary public for the Commonwealth at large by the Governor but who failed to include in such certificates of acknowledgment the county or city in which the notarial act was performed shall be held and are hereby declared valid and effective in all respects if otherwise valid, and all such deeds and other writings that have been recorded in any clerk's office in the Commonwealth upon such certificates shall be held to be duly and regularly recorded if such recordation is otherwise valid according to law; however, nothing in this section shall be so construed as to affect any intervening vested rights.
1984, c. 35, § 55-134.2; 1989, c. 602; 1995, c. 48; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-644. Deeds defectively executed by corporation

Any deed of conveyance of real estate executed in the Commonwealth prior to July 1, 1995, by a corporation of the Commonwealth, when the certificate of acknowledgment of such deed fails to state the representative capacity of the party signing such deed for the corporation, shall be held and is hereby declared a valid and effective conveyance in every respect if otherwise valid according to the law in force at the time the deed was executed if such corporation, since making such conveyance, has been dissolved or otherwise gone out of existence.
1936, p. 328; Michie Code 1942, § 5208a; Code 1950, § 55-135; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-645. Deeds to which corporate seal not affixed or not attested

Any deed of conveyance of real estate executed within or outside of the Commonwealth by a corporation of the Commonwealth or any other state to which deed the seal of the corporation was not affixed, or to which the seal was affixed but was not attested to by the secretary or by some other authorized officer of the corporation, shall be held to be valid and is hereby declared a valid and effective conveyance in every respect if otherwise valid according to the law then in force.
1942, c. 698; Michie Code 1942, § 5208b; Code 1950, § 55-136; 1956, c. 18; 1962, c. 238; 1964, Ex. Sess., c. 20; 1966, c. 492; 1968, c. 4; 1972, c. 631; 1974, c. 130; 1975, c. 500; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-646. Acknowledgments of corporations taken by officers or stockholders

No acknowledgment heretofore taken to any deed or any writing executed by a company, or for the benefit of a company, shall be held to be invalid by reason of the acknowledgment having been taken by a notary or other officer duly authorized to take acknowledgments who, at the time of taking the acknowledgment, was a stockholder, an officer, or both, in the company that executed the deed or writing, or for the benefit of which the deed or writing was executed, but who was not otherwise interested in the property conveyed or disposed of by such deed or writing, and such deed or other writing, and the recordation of such deed or other writing, shall be valid in all respects as if this section had been in force when it was executed.
Code 1919, § 5209; 1926, p. 340; Code 1950, § 55-137; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-647. Recordation certificate not signed by clerk

A. All deeds, orders of probate, fiduciary accounts, and all other papers and writings received prior to July 1, 1995, by any clerk of any court of the Commonwealth and transcribed, or purported to be transcribed, in the proper book in such clerk's office provided by law for the transcribing and recordation of such deeds, orders of probate, fiduciary accounts, or other papers and writings, the certificate of receipt and of recordation of which had not received the attesting signature of such clerk on the date aforesaid, and which had not on such date been verified as required by law, shall prima facie be, and be deemed to be, as truly received, recorded, and verified as if the same had been so attested by the signature of such clerk.
B. Every clerk of any court of the Commonwealth in whose office any such deed, order of probate, fiduciary account, or other paper or writing as is mentioned in subsection A has been transcribed upon the proper book in such office, provided by law therefor, and which transcription has not received the attesting signature of the clerk who recorded the same, upon production before such clerk of the original of such deed, order of probate, fiduciary account, or paper or writing shall verify the accuracy of such transcription by a careful examination and comparison of such transcription with the original paper so recorded, and thereupon the clerk shall attest such transcription by signing thereto the name of the clerk who received the original paper for record and his own name as follows:
"Teste ________, former clerk per
________, his successor."
C. For such service the clerk shall receive a fee of 25 cents ($0.25), to be paid by the person for whose benefit the service was performed, and the record, so certified and verified, shall have the same effect as if it had been properly certified and verified by the clerk who received the same and who should have so certified and verified the same.
D. This section shall have a retroactive effect.
1920, p. 566; Michie Code 1942, § 3407a; Code 1950, § 55-137.1; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2013, c. 263; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-648. Recordation certificate not signed by clerk; when clerk has died

Any deed or other instrument or writing recorded before July 1, 1995, upon the proper deed book in the clerk's office of the circuit court of any county or any court of record of any city, when the clerk of such court failed to sign the certificate of recordation thereof and afterwards died, and any will or other instrument or writing recorded before July 1, 1995, upon the proper will book in any such clerk's office, when such clerk failed to sign the certificate of probate and recordation thereof and afterwards died, shall be as valid and of the same force and effect as if such certificate of recordation or certificate of probate and recordation had been signed by such clerk at the time such deed, will, or other instrument or writing was so recorded.
1942, p. 391; Michie Code 1942, § 3407a1; Code 1950, § 55-137.2; 1976, c. 685; 1984, c. 35; 1989, c. 602; 1995, c. 48; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-649. Recordation of judgments affecting title to land

The clerk of the court of any county or city in which there is any partition of land under any order, or any recovery of land under judgment, shall transmit to the clerk of the court of each county or city in whose office deeds to such land or any part thereof are recorded a copy of such order or judgment, and of such partition or assignment, and of the order confirming the same, along with such description of the land as may appear in the papers of the cause. The clerk of the court of such county or city shall record the same in his deed book and index it in the name of the person who had the land before and also in the name of the person who became entitled under such partition, assignment, or recovery.
Code 1919, § 5216; 1924, p. 454; 1946, p. 190; Code 1950, § 55-138; 1990, c. 831; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-650. Judgments of United States courts affecting realty

A copy of any judgment or order of any United States court affecting the title to, boundary or possession of, or any interest in and to any real estate lying wholly or partly within the Commonwealth, when duly certified by the proper officer of any such court, may be filed with the clerk of the court in whose office deeds are recorded of the county or city in which the real estate so affected, or any part of such real estate, is situated, and when so filed shall be recorded by such clerk in the current deed book in his office and indexed in the names of the persons whose interests appear to be affected thereby, upon the payment of the same fee prescribed by law to be paid for the recordation of similar judgments or orders of state courts.
1934, p. 839; Michie Code 1942, § 5216b; Code 1950, § 55-140; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-651. Orders in bankruptcy

Certified copies of orders of adjudication of bankruptcy made pursuant to the acts of Congress relating to bankruptcy, certified copies of orders of sale, orders confirming sales, and such other orders entered in bankruptcy proceedings as any party in interest may wish to have recorded in the appropriate clerk's office, or such orders as the referee or the judge having jurisdiction directs to be recorded, may be filed with the clerk of the court authorized to record deeds for the county or city in which any real estate owned by the bankrupt is situated. Such orders shall be recorded in the deed books and indexed in the name of the bankrupt. For each such recordation, the clerk shall be paid a fee as prescribed in subdivision A 2 of § 17.1-275.
1934, p. 839; Michie Code 1942, § 5216c; Code 1950, § 55-141; 1964, c. 337; 1994, c. 432; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-652. Certificates of commencement of case in bankruptcy

Certificates of commencement of case signed by clerks of bankruptcy courts or clerks of United States district courts, issued pursuant to the acts of Congress relating to bankruptcy, may be filed with the clerk of the court authorized to record deeds for the county or city in which the property of the debtor, for which such certificate has been issued, is located. Such certificate shall be recorded in the deed books and properly indexed in the name of the trustee in bankruptcy in the grantee index and the debtor in the grantor index. For such recordation, the clerk shall receive a fee as prescribed in subdivision A 2 of § 17.1-275.
1988, c. 100, § 55-142.01; 1994, c. 432; 1996, c. 344; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-653. Where notices and certificates affecting liens to be filed

A. Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens shall be filed in accordance with this article.
B. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens, including certificates of redemption, shall be filed in the office of the clerk of the circuit court of the county or city in which the real property subject to the lien is situated.
C. Notices of liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
1. If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in the Commonwealth, as these entities are defined in the internal revenue laws of the United States, in the office of the clerk of the State Corporation Commission.
2. In all other cases, in the office of the clerk of the circuit court of the county or city (i) where the person against whose interest the lien applies resides or (ii) in the case of a trust or a decedent's estate, having jurisdiction over the qualification of the trustee or probate of the will, at the time of filing of the notice of lien.
1970, c. 76, § 55-142.1; 1986, c. 299; 1988, cc. 113, 388; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-654. Certification of notices and certificates

Certification of notices of tax liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate or by any official or entity of the United States responsible for filing or certifying notice of any lien other than a tax lien entitles them to be filed, and no other attestation, certification, or acknowledgment is necessary.
1970, c. 76, § 55-142.2; 1988, cc. 113, 388; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-655. Duties of filing officers

A. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection B is presented to the filing officer and:
1. He is the clerk of the State Corporation Commission, he shall cause the notice to be marked, held, and indexed in accordance with the provisions of § 8.9A-519 as if the notice were a financing statement as defined in § 8.9A-102; or
2. He is any other officer described in § 55.1-653, he shall endorse thereon his identification and the date and time of receipt and file it alphabetically or enter it in an alphabetical index showing the name and address of the person named in the notice, the date and time of receipt, the serial number of the district director in the case of tax liens, and the total amount appearing on the notice of lien, and he shall index and record the same where judgments are indexed and recorded.
B. If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the clerk of the State Corporation Commission for filing, he shall:
1. Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of § 8.9A-513, except that the notice of lien to which the certificate relates shall not be removed from the files; and
2. Cause a certificate of discharge or subordination to be held, marked, and indexed as if the certificate were a release of collateral within the meaning of § 8.9A-512.
C. If a refiled notice of federal lien referred to in subsection A or any of the certificates or notices referred to in subsection B is presented for filing to any other filing officer specified in § 55.1-653, he shall permanently attach the refiled notice or the certificate to the original notice of lien and shall enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.
D. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this article, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate is $1. Upon request, the filing officer shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal lien for a fee of 50 cents ($0.50) per page.
1970, c. 76, § 55-142.3; 1988, cc. 113, 388; 2014, c. 291; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-656. Fees of filing officers other than clerk of State Corporation Commission

The fee to be paid to any officer other than the clerk of the State Corporation Commission for filing and indexing each notice of lien or certificate or notice affecting the lien or providing a copy of such notice or certificate of such notice is $5.
The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.
1970, c. 76, § 55-142.4; 1988, cc. 113, 388; 1993, c. 43; 1994, c. 432; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-657. Fees of clerk of State Corporation Commission

Notwithstanding any other provisions of this article, the fees for filing, indexing, searching, or amending or for certificates of discharge or subordination or any other fee that may be chargeable by the clerk of the State Corporation Commission shall be the same as those permitted to be charged according to the schedule of fees maintained by the clerk of the State Corporation Commission.
1970, c. 76, § 55-142.5; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-659. Certificates and notices affecting liens filed on or before July 1, 1970

If a notice of lien was filed on or before July 1, 1970, any certificate or notice affecting the lien shall be filed in the same office.
1970, c. 76, § 55-142.8; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-660. No action to be brought against the State Corporation Commission or its staff

No action shall be brought against the State Corporation Commission or any member of the staff of the State Corporation Commission claiming damage for alleged errors or omissions in the performance of the duties imposed by this article on the State Corporation Commission.
1970, c. 76, § 55-142.9; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-661. Definitions

As used in this article, unless the context requires a different meaning:
"Clerk" means a clerk of the circuit court.
"Document" means information that is:
1. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
2. Eligible to be recorded in the land records maintained by the clerk.
"Electronic," as defined in Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic document" means a document received by the clerk in electronic form.
"Electronic notarization" means an official act by a notary public in accordance with the Virginia Notary Act (§ 47.1-1 et seq.) and § 55.1-618 with respect to an electronic document.
"Electronic signature," as defined in the Uniform Electronic Transactions Act (§ 59.1-479 et seq.), means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
"eRecording System" is the automated electronic recording system implemented by the clerk for the recordation of electronic documents among the land records maintained by the clerk.
"Filer" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity that files an electronic document among the land records maintained by the clerk.
"Land records document" means any writing authorized by law to be recorded, whether made on paper or in electronic format, that the clerk records affecting title to real property.
2006, c. 745, § 55-142.10; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-662. Validity of electronically filed and recorded land records

A. If a law requires, as a condition for recording, that a land records document be an original, be on paper or another tangible medium, or be in writing, an electronic land records document satisfying this article satisfies the law.
B. If a law requires, as a condition for recording, that a land records document be signed, an electronic signature satisfies the law.
C. A requirement that a land records document or a signature associated with a land records document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic notarization of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the land records document or signature. A physical or electronic image of a stamp, impression, or seal of the notary is not required to accompany an electronic signature.
2006, c. 745, § 55-142.11; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-663. Recording of electronic documents among the land records

A. A clerk of a circuit court who implements an eRecording System shall do so in compliance with standards established by the Virginia Information Technologies Agency.
B. A clerk of a circuit court may receive, index, store, archive, and transmit electronic land records.
C. A clerk of a circuit court may provide for access to, and for search and retrieval of, land records by electronic means.
D. A clerk of a circuit court who accepts electronic documents for recording among the land records shall continue to accept paper land records and shall place entries for both types of land records in the same indices.
E. A clerk of a circuit court may convert paper records accepted for recording into electronic form. The clerk of circuit court may convert into electronic form land records documents recorded before the clerk of circuit court began to record electronic records.
F. Any fee or tax that a clerk of circuit court is authorized to collect may be collected electronically.
2006, c. 745, § 55-142.12; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-664. Uniform standards

In consultation with the circuit court clerks, the Executive Secretary of the Supreme Court, and interested citizens and businesses, the Virginia Information Technologies Agency shall develop standards to implement electronic recording of real property documents. The Virginia Information Technologies Agency shall consider standards and practices of other jurisdictions, the most recent standards promulgated by national standard-setting bodies, such as the Real Property Records Industry Association, the views of interested persons and other governmental entities, and the needs of localities of varying sizes, population, and resources.
2005, c. 744, § 55-142.13; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-665. Uniformity of application and construction

In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2006, c. 745, § 55-142.14; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 6 - Recordation of Documents › § 55.1-666. Relation to Electronic Signatures in Global and National Commerce Act

To the extent allowed by law, this article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et seq.) but does not modify, limit, or supersede § 101(c) of that Act (15 U.S.C. § 7001(c)) or § 104 of that Act (15 U.S.C. § 7004), or authorize electronic delivery of any of the notices described in § 103(b) of that Act (15 U.S.C. § 7003(b)).
2006, c. 745, § 55-142.15; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-700. Definitions

As used in this chapter, unless the context requires a different meaning:
"Electronic delivery," for purposes of delivery of the disclosures required by this chapter, means sending the required disclosures via the Internet, provided that the sender retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
"Notification" means a statement acknowledging that the purchaser has been advised of any disclosures required by this chapter on the Real Estate Board's website or delivery of any such disclosures to the purchaser.
"Ratification" means the full execution of a real estate purchase contract by all parties.
"Real estate contract" means a contract for the sale, exchange, or lease with the option to buy of residential real estate subject to this chapter.
2017, c. 386, § 55-517.1; 2019, c. 712; 2020, c. 749.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-701. Applicability

The provisions of this chapter apply only with respect to transfers by sale, exchange, installment land sales contract, or lease with option to buy of residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson.
1992, c. 717, § 55-517; 2007, c. 265; 2017, c. 386; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-704. Required disclosures pertaining to a military air installation

The owner of residential real property located in any locality in which a military air installation is located shall disclose to the purchaser whether the subject parcel is located in a noise zone or accident potential zone, or both, if so designated on the official zoning map by the locality in which the property is located. Such disclosure shall be provided to the purchaser on a form provided by the Real Estate Board on its website. Such disclosure shall state the specific noise zone or accident potential zone, or both, in which the property is located according to the official zoning map.
2005, c. 510, § 55-519.1; 2007, c. 265; 2017, c. 386; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-706. Required disclosures; pending building or zoning violations

Notwithstanding the exemptions in § 55.1-702, if the owner of a residential dwelling unit has actual knowledge of any pending enforcement actions pursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) that affect the safe, decent, sanitary living conditions of the property of which the owner has been notified in writing by the locality, or any pending violation of the local zoning ordinance that the violator has not abated or remedied under the zoning ordinance, within a time period set out in the written notice of violation from the locality or established by a court of competent jurisdiction, the owner shall provide to a prospective purchaser a written disclosure that so states. 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.
2017, c. 386, § 55-519.2:1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-706.1. Required disclosures; lis pendens

Notwithstanding the exemptions in § 55.1-702, if the owner of a residential dwelling unit has actual knowledge of a lis pendens filed against such dwelling unit pursuant to § 8.01-268, such owner shall provide to a prospective purchaser a written disclosure that so states. 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.
2022, c. 610.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-707. Permissive disclosure; tourism activity zone

An owner of residential property located partially or wholly within a designated tourism activity zone established pursuant to § 15.2-982 may disclose in writing to any prospective purchaser or lessee of the property that the subject property is located within a tourism activity zone, with a description of potential impacts associated with the parcel's location in a tourism activity zone, including impacts caused by special events, parades, temporary street closures, and indoor and outdoor entertainment activities.
2013, c. 246, § 55-519.3; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-708. Required disclosures; property previously used to manufacture methamphetamine

Notwithstanding the exemptions in § 55.1-702, if the owner of a residential dwelling unit has actual knowledge that such residential property was previously used to manufacture methamphetamine and has not been cleaned up in accordance with the guidelines established pursuant to § 32.1-11.7 and the applicable licensing provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, the owner shall provide to a prospective purchaser a written disclosure that so states. 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.
2013, c. 557, § 55-519.4; 2016, c. 527; 2017, c. 386; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-708.1. Required disclosures; stormwater management facilities

An owner of residential real property who has actual knowledge of a privately owned stormwater management facility located on such property shall disclose to the purchaser the long-term maintenance and inspection requirements for the facility. Such disclosure shall be provided to the purchaser in accordance with this chapter and on a form provided by the Real Estate Board on its website.
2020, c. 313.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-708.2. Required disclosures pertaining to repetitive loss

The owner of residential real property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure shall disclose such fact to the purchaser. For purposes of this section, "repetitive risk loss" means that two or more claims of more than $1,000 were paid by the National Flood Insurance Program within any rolling 10-year period, since 1978. Such disclosure shall be provided to the purchaser on a form provided by the Real Estate Board on its website.
2021, Sp. Sess. I, cc. 322, 323.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-710. Owner liability

A. Except with respect to the disclosures required by § 55.1-704, the owner shall not be liable for any error, inaccuracy, or omission of any information delivered pursuant to this chapter if (i) the error, inaccuracy, or omission was not within the actual knowledge of the owner or was based on information provided by public agencies or by other persons providing information that is required to be disclosed pursuant to this chapter, or the owner reasonably believed the information to be correct, and (ii) the owner was not grossly negligent in obtaining the information from a third party and transmitting it. The owner shall not be liable for any error, inaccuracy, or omission of any information required to be disclosed by § 55.1-704 if the error, inaccuracy, or omission was the result of information provided by an officer or employee of the locality in which the property is located.
B. The delivery by a public agency or other person, as described in subsection C, of any information required to be disclosed by this chapter to a prospective purchaser shall be deemed to comply with the requirements of this chapter and shall relieve the owner of any further duty under this chapter with respect to that item of information.
C. The delivery by the owner of a report or opinion prepared by a licensed engineer, land surveyor, geologist, wood-destroying insect control expert, contractor, or home inspection expert, dealing with matters within the scope of the professional's license or expertise, shall satisfy the requirements of this chapter if the information is provided to the prospective purchaser pursuant to a request for such information, whether written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of this chapter and, if so, shall indicate the required disclosures, or portions of such required disclosures, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or portions of items of information, other than those expressly set forth in the statement.
1992, c. 717, § 55-521; 2005, c. 510; 2007, c. 265; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-711. Change in circumstances

If information disclosed in accordance with this chapter is subsequently rendered or discovered to be inaccurate as a result of any act, occurrence, information received, circumstance, or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this chapter. However, at or before settlement, the owner shall be required to disclose any material change in the disclosures made relative to the property. If, at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information, provided that the approximation is clearly identified as such, is reasonable, is based on the actual knowledge of the owner, and is not used for the purpose of circumventing or evading this chapter.
1992, c. 717, § 55-522; 2007, c. 265; 2014, c. 386; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-712. Duties of real estate licensees

A real estate licensee representing an owner of residential real property as the listing broker has a duty to inform each such owner represented by that licensee of the owner's rights and obligations under this chapter. A real estate licensee representing a purchaser of residential real property or, if the purchaser is not represented by a licensee, the real estate licensee representing an owner of residential real estate and dealing with the purchaser has a duty to inform each such purchaser of the purchaser's rights and obligations under this chapter. Provided that a real estate licensee performs those duties, the licensee shall have no further duties to the parties to a residential real estate transaction under this chapter and shall not be liable to any party to a residential real estate transaction for a violation of this chapter or for any failure to disclose any information regarding any real property subject to this chapter.
1992, c. 717, § 55-523; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-713. Actions under this chapter

A. Notwithstanding any other provision of this chapter or any other statute or regulation, no cause of action shall arise against an owner or a real estate licensee for failure to disclose that the real property was the site of:
1. An act or occurrence that had no effect on the physical structure of the real property, its physical environment, or the improvements located thereon; or
2. A homicide, felony, or suicide.
B. The purchaser's remedies for failure of an owner to comply with the provisions of this chapter are as follows:
1. If the owner fails to provide any of the applicable disclosures required by this chapter, the contract may be terminated subject to the provisions of subsection B of § 55.1-709.
2. In the event that the owner fails to provide any of the applicable disclosures required by this chapter, or the owner misrepresents, willfully or otherwise, the information required in such disclosure, except as result of information provided by an officer or employee of the locality in which the property is located, the purchaser may maintain an action to recover his actual damages suffered as the result of such violation. Notwithstanding the provisions of this subdivision, no purchaser of residential real property located in a noise zone designated on the official zoning map of the locality as having a day-night average sound level of less than 65 decibels shall have a right to maintain an action for damages pursuant to this section.
C. Any action brought under this section shall be commenced within one year of the date the purchaser received the applicable disclosures required by this chapter. If the disclosures required by this chapter were not delivered to the purchaser, an action shall be commenced within one year of the date of settlement, if by sale, or occupancy, if by lease with an option to purchase.
Nothing contained in this chapter shall prevent a purchaser from pursuing any remedies at law or equity otherwise available against an owner in the event of an owner's intentional or willful misrepresentation of the condition of the subject property.
1992, c. 717, § 55-524; 1993, c. 847; 2005, c. 510; 2007, c. 265; 2017, c. 386; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 7 - Virginia Residential Property Disclosure Act › § 55.1-714. Real Estate Board to develop form; when effective

An owner shall be required to make disclosures required by this chapter for real property subject to a real estate purchase contract that is fully executed by all parties. The Real Estate Board shall develop the form for signature by the parties stating that the purchaser has been advised of the disclosures listed in the residential property disclosure statement located on the Board's website in accordance with § 54.1-2105.1. The Board may at any time amend the residential property disclosure statement and the form for signature by the parties as the Board deems necessary and appropriate.
1992, c. 717, § 55-525; 1993, c. 848; 2007, c. 265; 2018, cc. 60, 86; 2019, c. 712; 2020, c. 749.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 8 - Exchange Facilitators Act › § 55.1-801. Change in control

An exchange facilitator shall notify all existing exchange clients whose relinquished property is located in the Commonwealth, or whose replacement property held under a Qualified Exchange Accommodation Agreement is located in the Commonwealth, of any change in control of the exchange facilitator. Such notification shall be made to the exchange facilitator's clients within 10 business days following the effective date of such change in control either by facsimile or email transmission, or by first-class mail, and by posting such notice of change in control on the exchange facilitator's website, if any, for a period ending not sooner than 90 days after the change in control. Such notification shall set forth the name, address, and other contact information of the transferees. Notwithstanding the above, if the exchange facilitator is a publicly traded company and remains a publicly traded company after a change in control, the publicly traded company shall not be required to notify its existing clients of such change in control.
2010, c. 409, § 55-525.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 8 - Exchange Facilitators Act › § 55.1-802. Separately identified accounts, or qualified escrows or qualified trusts

A. An exchange facilitator at all times shall:
1. Deposit the exchange funds in a deposit account that is a separately identified account, as defined in Treasury Regulation § 1.468B-6(c)(ii), and provide that any withdrawals from such separately identified account require the written authorization of the exchange client and written acknowledgment of the exchange facilitator. Authorization for withdrawals may be delivered by any commercially reasonable means, including (i) the exchange client's delivery to the exchange facilitator of the exchange client's authorization to disburse exchange funds and the exchange facilitator's delivery to the financial institution of the exchange facilitator's authorization to disburse exchange funds or (ii) delivery to the financial institution of both the exchange client's and the exchange facilitator's authorizations to disburse exchange funds; or
2. Deposit the exchange funds in a deposit account that is a qualified escrow or qualified trust as those terms are defined under Treasury Regulation § 1.1031(k)-1(g)(3).
B. The deposit account shall be with a financial institution, and the interest earned on such account shall accrue to the parties as provided in a written agreement between the exchange facilitator and the exchange client. However, the exchange client may expressly direct the exchange facilitator in writing to invest the exchange proceeds in an investment of the exchange client's choice, provided that the exchange facilitator provides written acknowledgment back to the exchange client that includes a confirmation of how the exchange proceeds will be invested.
2010, c. 409, § 55-525.3; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 8 - Exchange Facilitators Act › § 55.1-803. Errors and omissions insurance; cash or letters of credit

A. An exchange facilitator at all times shall:
1. Maintain a policy of errors and omissions insurance in an amount not less than $250,000 executed by an insurer authorized to do business in the Commonwealth; or
2. Deposit an amount of cash or provide irrevocable letters of credit equivalent to the sum of not less than $250,000.
B. The exchange facilitator may maintain errors and omissions insurance, cash, or irrevocable letters of credit in excess of the amounts required in this section.
2010, c. 409, § 55-525.4; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 8 - Exchange Facilitators Act › § 55.1-804. Accounting for moneys and property

A. Every exchange facilitator shall hold all property related to the exchange client, including the exchange funds, other property, and other consideration or instruments received by the exchange facilitator, on behalf of the client, except funds received as the exchange facilitator's compensation. Exchange funds shall be held in accordance with the requirements of § 55.1-802.
B. An exchange facilitator shall not:
1. Commingle exchange funds with the operating accounts of the exchange facilitator; or
2. Lend or otherwise transfer exchange funds to any person or entity affiliated with or related (as described in Internal Revenue Code § 267(b) or 707(b)) to the exchange facilitator, except that this subsection shall not apply to a transfer or loan made to a financial institution that is the parent of or related to the exchange facilitator or to a transfer from an exchange facilitator to an EAT as required under the exchange contract.
C. Exchange funds are not subject to execution or attachment on any claim against the exchange facilitator. An exchange facilitator shall not keep or cause to be kept any money in any financial institution under any name designating the money as belonging to an exchange client of the exchange facilitator unless the money equitably belongs to the exchange client and was actually entrusted to the exchange facilitator by the exchange client.
2010, c. 409, § 55-525.5; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 8 - Exchange Facilitators Act › § 55.1-805. Prohibited acts

A. A person who engages in the business of an exchange facilitator is prohibited from:
1. Making any material misrepresentations concerning any exchange facilitator transaction that are intended to mislead another;
2. Pursuing a continued course of misrepresentation or making false statements through advertising or otherwise;
3. Failing, within a reasonable time, to account for any moneys or property belonging to others that may be in the possession or under the control of the exchange facilitator;
4. Engaging in any conduct constituting fraudulent or dishonest dealings;
5. Committing any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery, or other theft of property;
6. Materially failing to fulfill its contractual duties to the exchange client to deliver property or funds to the exchange client unless such failure is due to circumstances beyond the control of the exchange facilitator; or
7. Materially violating any of the provisions of this chapter.
B. A person who is an owner, officer, director, or employee of an exchange facilitator is prohibited from committing any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery, or other theft of property; however, the commission of such crime by an officer, director, or employee of an exchange facilitator shall not be considered a violation of this chapter if the employment or appointment of such officer, director, or employee has been terminated and no clients of the exchange facilitator were harmed or full restitution has been made to all harmed clients within a reasonable period of time.
2010, c. 409, § 55-525.6; 2019, c. 712.