Northern Virginia: Examining Seller's Disclosure Obligations -(Part 3 Wildlife Environmental Protection Areas and Sexual Offenders)
This discussion is focused on Northern Virginia and is experiential in nature, given my 16 years in this business. This discussion is NOT intended to provide legal advise or guidance. I am NOT an attorney and as such you should contact competent legal counsel for that advise and guidance.
This discussion is simply an examination of what my sellers and buyers often have to deal with when buying or selling properties in Northern Virginia.
THIS Article is NOT LEGAL GUIDANCE or ADVICE!
This discussion concerns the Virginia Residential Property Disclosure Act: Remembering that Virginia is a "Caveat Emptor" state ("Buyer Beware") in most cases with several exceptions, it is the buyer's obligation to satisfy themselves with the various conditions of the residential properties that they are buying in Virginia.
The previous articles in this series discussed material condition of the property, adjacent parcels, and Historic Districts. This article today discusses Wildlife Environmental Protection Areas and Sexual Offenders.
As with the other preceding paragraphs of the "", the remaining paragraphs are actually "Disclaimers" in nature, (in keeping with the "Caveat Emptor" nature of Virginia Constitutional law) and do not actually disclaim anything for the consumer home buyer.
Paragraph 4:
Because Virginia is a signatory to the Preservation Act to protect the Chesapeake Bay, the state, municipalities, communities, and homeowners each have obligations under the act to protect the wildlife, and environment in and around the Chesapeake Bay. Rivers, lakes, streams, brooks, drainage, and sewage all play important parts in the complicated mosaic that eventually flows into the bay and affect the environmental habitat that is this beautiful place.
Paragraph 4 of the "RESIDENTIAL PROPERTY DISCLOSURE STATEMENT NOTICE TO SELLER AND PURCHASER" is also a required provision that must be disclosed to all home buyers and sellers regardless if they are represented by a Real Estate Brokerage or not.
The paragraph advises the buyer and the seller that it is the obligation of the home buyer to educate themselves as to the impact that the Chesapeake Preservation Act will have with respect to their intended use of the property. The paragraph specifically disclaims any liability the seller may have to inform the purchaser of the legal mandates of this law.
Paragraph 5:
Virginia has a very aggressive Sexual Offender's law. However, like everything else in this "Caveat Emptor" Commonwealth, the burden is on the consumer to satisfy her/himself reqarding the presence or not of sexual offenders in proximity to an intended home they purchase. Once the RESIDENTIAL PROPERTY DISCLOSURE STATEMENT NOTICE TO SELLER AND PURCHASERdocument is presented to a home purchaser/seller, REALTORS® and sellers bear no liability in the law for the presence or lack thereof sexual offenders nearby.
The Virginia State Police maintains a list of sexual offenders. This list is believed to be accurate but may not always reveal all sexual offenders in any given area. A Buyer's diligent research is required to satisfy their concerns here
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