2006 Code of Virginia § 55-524 - Actions under this chapter

55-524. Actions under this chapter.

A. Notwithstanding any other provision of this chapter or any other statuteor regulation, no cause of action shall arise against an owner or a realestate licensee for failure to disclose that an occupant of the subject realproperty, whether or not such real property is subject to this chapter, wasafflicted with human immunodeficiency virus (HIV) or that the real propertywas the site of:

1. An act or occurrence which had no effect on the physical structure of thereal property, its physical environment, or the improvements located thereon;or

2. A homicide, felony, or suicide.

B. The purchaser's remedies hereunder for failure of an owner to comply withthe provisions of this chapter are as follows:

1. In the event of a misrepresentation in any residential property disclosurestatement or failure to deliver a disclosure or disclaimer statement, anaction for actual damages suffered as a result of defects existing in theproperty as of the date of execution of the real estate purchase contractwhich would have been disclosed by a disclosure in compliance with thischapter and of which the purchaser was not aware at the time of settlement ifby sale of the property, or occupancy by the purchaser if by lease with theoption to purchase; or

2. In the event of a misrepresentation in any residential property disclosurestatement or the failure to provide the disclosure or disclaimer required bythis chapter, the contract may be terminated subject to the provisions ofsubsection B of 55-520.

3. In the event the owner fails to provide the disclosure required by 55-519.1, or the owner misrepresents, willfully or otherwise, the informationrequired in such disclosure, except as result of information provided by anofficer or employee of the locality in which the property is located, thepurchaser may maintain an action to recover his actual damages suffered asthe result of such violation. Notwithstanding the provisions of thissubdivision, no purchaser of residential real property located in a noisezone designated on the official zoning map of the locality as having aday-night average sound level of less than 65 decibels shall have a right tomaintain an action for damages pursuant to this section.

C. Any action brought under this subsection shall be commenced within oneyear of the date the purchaser received the disclosure or disclaimerstatement. If no disclosure or disclaimer statement was delivered to thepurchaser, an action shall be commenced within one year of the date ofsettlement if by sale, or occupancy if by lease with an option to purchase.

Nothing contained herein shall prevent a purchaser from pursuing any remediesat law or equity otherwise available against an owner in the event of anowner's intentional or willful misrepresentation of the condition of thesubject property.

(1992, c. 717; 1993, c. 847; 2005, c. 510.)