2006 Code of Virginia § 55-337 - Definitions

55-337. Definitions.

When used in this chapter, unless the context otherwise requires:

1. "Agent" means any person who represents or acts for or on behalf of adeveloper in the disposition of any lot or lots in a subdivision; but shallnot include an attorney-at-law whose representation of another personconsists solely of rendering legal services.

2. "Blanket encumbrance" means a trust, deed, mortgage, judgment or anyother lien or encumbrance, securing or evidencing the payment of money andaffecting the land in toto comprising the subdivision to be offered and soldor leased or affecting more than ten lots or parcels of such lands, or anagreement affecting more than ten lots or parcels of such lands by which thedeveloper holds said subdivision under option, contract, sale or trustagreement. The term shall not include mechanics' liens, taxes or assessmentslevied by a public authority, or easements granted to public utilities orgovernmental agencies for the purpose of bringing services to the lot orparcel within the subdivision.

3. "Developer" means any person who offers, directly or indirectly, fordisposition, any lots in a subdivision, but shall not include a trustee undera deed of trust securing an indebtedness or other obligation who sells lotswithin such subdivision under foreclosure proceedings provided the purpose inso doing is not to evade the provisions of this chapter.

4. "Subdivision" means:

a. Any subdivision of land into one hundred or more lots, whether contiguousor not, where any lots therein are, from July 1, 1978, sold or disposed of,by land sales installment contracts, and pursuant to a common promotionalplan, where lot purchasers within said subdivision have use of and access tothe facilities and amenities within such subdivision for which the said lotowners are assessed on a regular or special basis for the use and enjoymentthereof.

b. Any existing subdivision of land of thirty or more lots wherein thedeveloper has concluded its sales effort for a period of six consecutivemonths and has transferred to the association described in subdivision A 1 of 55-344 all the title, control, and maintenance responsibilities of thecommon areas and common facilities.

5. "Disposition" or "sale" means any lease, assignment or exchange or anyinterest in any lot which is a part of or included in a subdivision.

6. "Offer" means any inducement, solicitation, media advertisement orattempt performed by or on behalf of a developer which has as its objectivethe disposition of a lot or lots in a subdivision.

7. "Person" means any individual, corporation, government or governmentalagency, business trust, estate, trust, partnership, unincorporatedassociation, two or more of any of the foregoing having a joint or commoninterest, or any other legal or commercial entity.

8. "Purchaser" means a person who acquires or attempts to acquire any lotor lots in a subdivision.

9. "Lot" means any unit, parcel, division, or piece of land or interest inland except utility easements if such interest carries with it the exclusiveright to use a specific portion of property.

10. "Land sales installment contract" means any installment contract forthe sale or disposition of land whereby the purchaser does not receive a deedconveying the property purchased until part or all installment payments havebeen made as called for in the contract and record title to said propertyremains in another pending full performance of the contract.

(1978, c. 510; 1980, c. 546; 1996, c. 372.)