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30 RESIDENTIAL PROPERTY DISCLOSURES NOTICE TO SELLER AND PURCHASER The Virginia Residential Property Disclosure Act ( et seq. of the Code of Virginia) governs the information owners must disclose to prospective purchasers of real property. Certain transfers of residential property are excluded from the requirements (see ). Property Address/ Legal Description: 1. CONDITION: The owner(s) of the real property described above 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 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 , 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. 2. ADJACENT PARCELS: The owner(s) 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. HISTORIC DISTRICT ORDINANCES(S): The owner(s) 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 , including review of any local ordinance creating such district or any official map adopted by the locality depicting historic districts, 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. RESOURCE PROTECTION AREAS: The owner(s) makes no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act ( :67 et seq.) adopted by the locality where the property is located pursuant to :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. Page 1 of 3 VIRGINIA REAL ESTATE BOARD Department of Professional & Occupational Regulation

31 5. SEXUAL OFFENDERS: The owner(s) makes no representations with respect to information on any sexual offenders registered under Chapter 23 ( 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. DAM BREAK INUNDATION ZONE(S): The owner(s) makes no representations with respect to whether the property is within a dam break inundation zone and purchasers are advised 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. STORMWATER DETENTION: The owner(s) makes no representations with respect to the presence of any stormwater detention facilities located on the property, or any maintenance agreement for such facilities, and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any stormwater detention facilities on the property, or any maintenance agreement for such facilities, 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. WASTEWATER SYSTEM: The owner(s) makes no representations with respect to the presence of any wastewater system, including the type or size thereof or associated maintenance responsibilities related thereto, 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. 9. SOLAR ENERGY COLLECTION DEVICE(S): The owner(s) makes no representations with respect to any right to install or use solar energy collection devices on the property. 10. SPECIAL FLOOD HAZARD AREAS: The owner(s) 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) review of any map depicting special flood hazard areas, and (iii) 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. Page 2 of 3 VIRGINIA REAL ESTATE BOARD Department of Professional & Occupational Regulation

32 ADDITIONAL WRITTEN DISCLOSURE REQUIREMENTS NOTE: The following information is provided as a resource and does not constitute legal advice. The applicable Virginia Code sections should be consulted before taking any action based on this information, which is intended solely to provide an abridged overview of disclosure requirements and may not be applicable to all transactions. The entire Code of Virginia is accessible online and searchable at You should retain the services of an attorney if you need legal advice or representation. FIRST SALE OF A DWELLING: Section B contains other disclosure requirements for transfers involving the first sale of a dwelling because the first sale of a dwelling is exempt from the disclosure requirements listed above. The builder of a new dwelling shall disclose in writing to the purchaser thereof all known material defects which would constitute a violation of any applicable building code. PLANNING DISTRICT 15: In addition, for property that is located wholly or partially in any locality comprising Planning District 15, the builder or owner, if the builder is not the owner of the property, shall disclose in writing whether the builder or owner has any knowledge of (i) whether mining operations have previously been conducted on the property or (ii) the presence of abandoned mines, shafts, or pits, if any. The disclosures required by this subsection shall be made by a builder or owner (i) when selling a completed dwelling, before acceptance of the purchase contract or (ii) when selling a dwelling before or during its construction, after issuance of a certificate of occupancy. Such disclosure shall not abrogate any warranty or any other contractual obligations the builder or owner may have to the purchaser. The disclosure required by this subsection may be made on this disclosure form. If no defects are known by the builder to exist, no written disclosure is required by this subsection. Section contains a disclosure requirement for properties located in any locality in which there is a military air installation. Section contains a disclosure requirement for properties with defective drywall. Section contains a disclosure requirement for properties previously used to manufacture methamphetamine. Section :1 contains a disclosure requirement regarding the validity of septic system operating permits. SEE ALSO the Virginia Condominium Act ( et seq.), the Virginia Real Estate Cooperative Act ( et seq.), and the Virginia Property Owners Association Act ( et seq.). DPOR 7/16 Page 3 of 3 VIRGINIA REAL ESTATE BOARD Department of Professional & Occupational Regulation

33 LEGISLATIVE MATTERS An update on local, state and federal issues of interest to the real estate industry. Dulles Area Association of REALTORS Government Affairs Newsletter Summer 2016 FAA Eases Drone Use for Commercial Purposes The Federal Aviation Administration (FAA) recently announced that it will no long require certain commercial drone operators to obtain a Section 333 waiver, which could make it easier for real estate agents to legally fly a drone instead of hiring a third party operator. The new regulations will go into effect in late August Despite this change, REALTORS should continue to be aware of no-fly zone restrictions in the DC area. For more information visit Metro to Loudoun Construction and Development Plans Earlier this year, it was announced that Phase Two of the Metrorail Silver Line to Loudoun will be delayed by thirteen months due to safety engineering changes and new environmental regulations. While this delay is unfortunate, this revised timeline, with completion scheduled in late 2019/early 2020, should be a more realistic goal. The Loudoun County Board of Supervisors (LCBOS received a detailed update from the Metropolitan Washington Airports Authority (MWAA), who is building the Silver Line, and be found by visiting dullesrail The LCBOS voted to approve the name "Ashburn" for the Route 772 station and "Loudoun Gateway" for the Route 606 station. The thought was that the names will help create the needed 'sense of place' around both station areas in anticipation of incorporating tax revenue generating mixed use development. In fact, the LCBOS initiated a Comprehensive Plan Amendment (CPAM) "to evaluate alternative development scenarios based on parameters that would minimize public costs for future infrastructure, maximize overall public benefit, and also allow for the tax district to generate revenues sooner" in order to determine the best type of development around the rail stations. Loudoun Planning staff has been directed to create a thorough work plan to bring back to the Board for discussion and approval. The overarching goal is to work with landowners to ensure that the planning and zoning allows the highest and best use of the properties within the Metrorail Service District. The LCBOS is expected to approve the CPAM by November Chairman s Message: The Process of Creating a Vision for the County s Future Growth Recently I was appointed as DAAR s representative to Loudoun County s Comprehensive Plan Stakeholder s committee which was created to draw up a roadmap of how the county should grow in the future. A good read to catch you up on the effort can be found here Lars Henriksen, 2016 Chairman of the Board The committee, which is set to meet monthly for the next eighteen months, is comprised of citizens and representatives from various business, homeowner, developer and environmental groups in the county. Our first three hour meeting on Monday, June 20th focused mainly on organization of the group and reviewing the plan charter or plan to create the updated comprehensive plan. Topics to be discussed in future meetings include the future of economic development, development of the transition area, housing choice and diversity, redevelopment and revitalization opportunities, new development types in the suburban policy area, community facilities and infrastructure, design standards and quality of development and good fiscal and growth management. As your representative on this important group, I encourage you to follow our progress. There will be ample opportunity for you to weigh in on any of these issues as part of the county s very open public process. All documents and future meetings and public input sessions will be posted here At the same time, please feel free to reach out to me or Christine Windle, CEO, DAAR, at cwindle@dullesarea.com to share your thoughts or feedback on how we should plan for the county s future growth. Dulles Area Association of REALTORS, Red Rum Drive, #177, Ashburn, VA 20147, 703/777-

34 New Real Estate Laws Effective July 1st, 2016 The 2016 General Assembly session saw over 2,000 bills introduced in the House and Senate. The following are select new laws related to real estate: House Bill 567 Agency & Licensing Revisions This legislation amends portions of the real estate licensee laws within ( ): Giving the Virginia Real Estate Board (VREB) the authority to take disciplinary cases under advisement, defer findings and dismiss such actions on terms and conditions set by the VREB; Giving VREB the authority to grant exemptions or waive or reduce the number of CE hours required in cases of certified illness or undue hardships; Requiring supervising brokers for a branch office to provide VREB with the name and license number of the supervising broker for that office by January 1, 2017 and upon the renewal/transfer of each individual license, provide VREB the name and license number of those working at the branch office on a DPOR form; Updates to the definitions, brokerage relationship sections and disclosure sections to clarify what is required in residential relationship vs. commercial relationships; Clarifying that the law does not require a written agreement between a licensee and a prospective buyer prior to showing properties; and Clarifying that nothing in the licensing statute is intended to create an independent civil cause of action in a lawsuit. House Bill 741 & Senate Bill 453 Home Inspector Licensing The new law, effective July 1st, 2017 will require DPOR to create new regulations that will allow certified home inspectors to transition to licensed home inspectors and set out the requirements for new home inspectors to get licensed. Home inspector licensees will fall under the Asbestos, Lead, and Home Inspector Board at DPOR. House Bill 684 Common Interest Community (POA; COA) The Condo/POA Act bill sought to correct issues that have come up recently and to conform the two Acts. Changes included prohibiting associations from: Conditioning or prohibiting rentals; Charging any annual or monthly fee for rental units, except as expressly authorized by law; Requiring owners to use an association lease or addendum; Charging any deposit; Having the ability to evict a tenant or require an owner to execute a power of attorney; Require a copy of the lease the association is allowed to require the names and contact information for tenants, authorized occupants and authorized (managing) agents; Conforming the two laws with how delivery of the association documents are handled in resale situation; and Extends the number of days for the payment of fees for association documents being charged at settlement from 45 days to 60 days to handle concerns over delayed settlements after the implementation of TRID. House Bill Changes to the Residential Property Disclosures Notice to Seller and Purchaser related to zoning and permitted uses (changes to the form in bold/italic): 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 that 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. House Bill 1264 Changes to the Residential Property Disclosures Notice to Seller and Purchaser related to Covenants (changes to the form in bold): 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 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 certified home inspection, as defined in , 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. Senate Bill 407 Onsite sewage systems; civil penalties Provides that any locality that has a record of the location of conventional onsite sewage systems and alternative discharging systems and that meets certain other criteria may adopt an ordinance establishing a uniform schedule of civil penalties for violations Do You Know DARPAC? Find out how to support the issues that matter most to your business. Visit to learn Elected Officials United States Congress The Honorable Barbra Comstock (R -10) Senator Tim Kaine (D) Senator Mark Warner (D) Governor of Virginia Terry McAuliffe (D) Attorney General Mark Herring (D) Senate of Virginia Senator Dick Black (R-13) Senator Barbara Favola (D-31) Senator Jennifer Wexton (D-33) Senator Jill Vogel (R-27) Virginia House of Delegates Delegate Kathleen Murphy (R-34) Delegate Tag Greason (R-32) Delegate Jim LeMunyon (R-67) Delegate John Bell (D-87) Delegate Jen Boysko (D-86) Delegate David LaRock (R-33) Delegate Randy Minchew (R-10) Board of Supervisors Phyllis Randall, Chair at Large Ron Meyer, Broad Run Suzanne M. Volpe, Algonkian Ralph M. Buona, Ashburn Tony Buffington, Blue Ridge Geary M. Higgins, Catoctin Matthew F. Letourneau, Dulles Kristen Umstattd, Leesburg Leesburg Koran Saines, Sterling Contact Us For questions or if you would like to get involved in DAAR s legislative efforts: Christine Windle CEO cwindle@dullesarea.com Visit us on the web at Contributions are not deductible for Federal income tax purposes. Contributions to DARPAC are voluntary and are used for political purposes. The Association will not favor or disadvantage anyone by reason of the amount of their contribution, and you may refuse to contribute without reprisal by the Association. 70% of each contribution is used by your State RPAC to support state and local political candidates. The other 30% is sent to National RPAC to support Federal candidates and is charged against your limits under 2 U.S.C. 441a.

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