{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2314.html"}],"law_id":68135,"edition_id":1,"section_id":68135,"structure_id":14775,"section_number":"55.1-2314","catch_line":"Failure to provide resale certificate; no waiver","history":"2023, cc. 387, 388.","full_text":"A\n\nIf an association, the association’s managing agent, or any third party preparing a resale certificate fails to comply with § 55.1-2310 or 55.1-2311, the purchaser shall not be required to pay any delinquent assessments or remedy any violation of the governing documents or rules and regulations existing as of the date of the resale certificate or updated resale certificate. The association may only enforce a violation incurred by a previous owner against a purchaser if (i) such violation has been properly noted in the resale certificate or updated resale certificate or (ii) the seller failed to provide the resale certificate to the purchaser as required by § 55.1-2309.B\n\nThe purchaser shall abide by the governing documents and rules and regulations as to all matters arising after acquiring the unit regardless of whether such purchaser received a resale certificate.C\n\nThe preparer of the resale certificate or updated resale certificate shall be liable to the seller in an amount equal to the actual damages sustained by the seller in an amount not to exceed $1,000.D\n\nThe Common Interest Community Board may assess a monetary penalty for failure to deliver the resale certificate or updated resale certificate as required against any (i) association pursuant to § 54.1-2351 or (ii) common interest community manager pursuant to § 54.1-2349 and regulations promulgated thereto, and may issue a cease and desist order pursuant to § 54.1-2349 or 54.1-2352.","order_by":null,"text":{"0":{"id":246646,"text":"If an association, the association’s managing agent, or any third party preparing a resale certificate fails to comply with § 55.1-2310 or 55.1-2311, the purchaser shall not be required to pay any delinquent assessments or remedy any violation of the governing documents or rules and regulations existing as of the date of the resale certificate or updated resale certificate. The association may only enforce a violation incurred by a previous owner against a purchaser if (i) such violation has been properly noted in the resale certificate or updated resale certificate or (ii) the seller failed to provide the resale certificate to the purchaser as required by § 55.1-2309.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246647,"text":"The purchaser shall abide by the governing documents and rules and regulations as to all matters arising after acquiring the unit regardless of whether such purchaser received a resale certificate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246648,"text":"The preparer of the resale certificate or updated resale certificate shall be liable to the seller in an amount equal to the actual damages sustained by the seller in an amount not to exceed $1,000.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":246649,"text":"The Common Interest Community Board may assess a monetary penalty for failure to deliver the resale certificate or updated resale certificate as required against any (i) association pursuant to § 54.1-2351 or (ii) common interest community manager pursuant to § 54.1-2349 and regulations promulgated thereto, and may issue a cease and desist order pursuant to § 54.1-2349 or 54.1-2352.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14775,"edition_id":1,"name":"Resale Disclosure Act","identifier":"23.1","label":"chapter","depth":3,"order_by":1,"parent_id":12914,"metadata":{},"date_created":"2026-06-26 03:49:50","date_modified":"2026-06-26 03:49:50","permalink":{"id":247725,"object_type":"structure","relational_id":14775,"identifier":"23.1","token":"55.1\/IV\/23.1","url":"\/55.1\/IV\/23.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12914,"edition_id":1,"name":"Common Interest Communities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":246473,"object_type":"structure","relational_id":12914,"identifier":"IV","token":"55.1\/IV","url":"\/55.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85397,"structure_id":14775,"section_number":"55.1-2307","catch_line":"Definitions","url":"\/55.1-2307\/","token":"55.1\/IV\/23.1\/55.1-2307","metadata":false},{"id":73747,"structure_id":14775,"section_number":"55.1-2308","catch_line":"Contract for resale; disclosures","url":"\/55.1-2308\/","token":"55.1\/IV\/23.1\/55.1-2308","metadata":false},{"id":70933,"structure_id":14775,"section_number":"55.1-2309","catch_line":"Resale certificate; delivery","url":"\/55.1-2309\/","token":"55.1\/IV\/23.1\/55.1-2309","metadata":false},{"id":63018,"structure_id":14775,"section_number":"55.1-2310","catch_line":"Resale certificate; form and contents","url":"\/55.1-2310\/","token":"55.1\/IV\/23.1\/55.1-2310","metadata":false},{"id":80861,"structure_id":14775,"section_number":"55.1-2311","catch_line":"Updated resale certificate; financial update","url":"\/55.1-2311\/","token":"55.1\/IV\/23.1\/55.1-2311","metadata":false},{"id":77542,"structure_id":14775,"section_number":"55.1-2312","catch_line":"Cancellation of contract by purchaser","url":"\/55.1-2312\/","token":"55.1\/IV\/23.1\/55.1-2312","metadata":false},{"id":58689,"structure_id":14775,"section_number":"55.1-2313","catch_line":"Liability for resale certificate","url":"\/55.1-2313\/","token":"55.1\/IV\/23.1\/55.1-2313","metadata":false},{"id":68135,"structure_id":14775,"section_number":"55.1-2314","catch_line":"Failure to provide resale certificate; no waiver","url":"\/55.1-2314\/","token":"55.1\/IV\/23.1\/55.1-2314","metadata":false},{"id":77415,"structure_id":14775,"section_number":"55.1-2315","catch_line":"Properties subject to more than one declaration","url":"\/55.1-2315\/","token":"55.1\/IV\/23.1\/55.1-2315","metadata":false},{"id":57622,"structure_id":14775,"section_number":"55.1-2316","catch_line":"Resale certificate; fees","url":"\/55.1-2316\/","token":"55.1\/IV\/23.1\/55.1-2316","metadata":false},{"id":56550,"structure_id":14775,"section_number":"55.1-2317","catch_line":"Exemptions","url":"\/55.1-2317\/","token":"55.1\/IV\/23.1\/55.1-2317","metadata":false}],"previous_section":{"id":58689,"structure_id":14775,"section_number":"55.1-2313","catch_line":"Liability for resale certificate","url":"\/55.1-2313\/","token":"55.1\/IV\/23.1\/55.1-2313","metadata":false},"next_section":{"id":77415,"structure_id":14775,"section_number":"55.1-2315","catch_line":"Properties subject to more than one declaration","url":"\/55.1-2315\/","token":"55.1\/IV\/23.1\/55.1-2315","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2314\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 387<\/a> and 388<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":75397,"section_number":"54.1-2349","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/54.1-2349\/"},{"id":75527,"section_number":"54.1-2351","catch_line":"General powers and duties of Board concerning associations","order_by":null,"url":"\/54.1-2351\/"},{"id":78745,"section_number":"54.1-2352","catch_line":"Cease and desist orders","order_by":null,"url":"\/54.1-2352\/"},{"id":63018,"section_number":"55.1-2310","catch_line":"Resale certificate; form and contents","order_by":null,"url":"\/55.1-2310\/"},{"id":80861,"section_number":"55.1-2311","catch_line":"Updated resale certificate; financial update","order_by":null,"url":"\/55.1-2311\/"}],"permalink":{"id":247755,"object_type":"law","relational_id":68135,"identifier":"55.1-2314","token":"55.1\/IV\/23.1\/55.1-2314","url":"\/55.1-2314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2314\/","token":"55.1\/IV\/23.1\/55.1-2314","dublin_core":{"Title":"Failure to provide resale certificate; no waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If an association<\/span>, the association<\/span>’s managing agent<\/span>, or any third party<\/span> preparing a resale certificate fails to comply with § 55.1-2310<\/a> or 55.1-2311<\/a>, the purchaser<\/span> shall not be required to pay any delinquent assessments or remedy any violation of the governing documents or rules and regulations<\/span> existing as of the date of the resale certificate or updated resale certificate<\/span>. The association<\/span> may only enforce a violation incurred by a previous owner against a purchaser<\/span> if (i) such violation has been properly noted in the resale certificate or updated resale certificate<\/span> or (ii) the seller<\/span> failed to provide the resale certificate to the purchaser<\/span> as required by § 55.1-2309<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The purchaser<\/span> shall abide by the governing documents and rules and regulations<\/span> as to all matters arising after acquiring the unit<\/span> regardless of whether such purchaser<\/span> received a resale certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The preparer of the resale certificate or updated resale certificate<\/span> shall be liable to the seller<\/span> in an amount equal to the actual damages<\/span> sustained by the seller<\/span> in an amount not to exceed $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Common Interest Community<\/span> Board<\/span> may assess a monetary penalty<\/span> for failure to deliver the resale certificate or updated resale certificate<\/span> as required against any (i) association<\/span> pursuant to § 54.1-2351<\/a> or (ii) common interest community<\/span> manager pursuant to § 54.1-2349<\/a> and regulations promulgated thereto, and may issue<\/span> a cease and desist order<\/span> pursuant to § 54.1-2349<\/a> or 54.1-2352<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAILURE TO PROVIDE RESALE CERTIFICATE; NO WAIVER (\u00a7 55.1-2314)\n\nA. If an association, the association’s managing agent, or any third party\npreparing a resale certificate fails to comply with § 55.1-2310 or\n55.1-2311, the purchaser shall not be required to pay any delinquent assessments\nor remedy any violation of the governing documents or rules and regulations\nexisting as of the date of the resale certificate or updated resale certificate.\nThe association may only enforce a violation incurred by a previous owner\nagainst a purchaser if (i) such violation has been properly noted in the resale\ncertificate or updated resale certificate or (ii) the seller failed to provide\nthe resale certificate to the purchaser as required by § 55.1-2309.\n\nB. The purchaser shall abide by the governing documents and rules and\nregulations as to all matters arising after acquiring the unit regardless of\nwhether such purchaser received a resale certificate.\n\nC. The preparer of the resale certificate or updated resale certificate shall be\nliable to the seller in an amount equal to the actual damages sustained by the\nseller in an amount not to exceed $1,000.\n\nD. The Common Interest Community Board may assess a monetary penalty for failure\nto deliver the resale certificate or updated resale certificate as required\nagainst any (i) association pursuant to § 54.1-2351 or (ii) common interest\ncommunity manager pursuant to § 54.1-2349 and regulations promulgated\nthereto, and may issue a cease and desist order pursuant to § 54.1-2349 or\n54.1-2352.\n\nHISTORY: 2023, cc. 387, 388.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}