{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-702.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-702.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-702.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-702.html"}],"law_id":61092,"edition_id":1,"section_id":61092,"structure_id":15127,"section_number":"55.1-702","catch_line":"Exemptions","history":"1992, c. 717, \u00a7 55-518; 1993, c. 824; 1994, cc. 80, 242; 2005, c. 510; 2006, c. 706; 2007, c. 265; 2017, c. 386; 2019, c. 712.","full_text":"A\n\nThe following are specifically excluded from the provisions of this chapter:1\n\nTransfers pursuant to court order including transfers ordered by a court in administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale or by a deed in lieu of a foreclosure, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a judgment for specific performance. Also, transfers by an assignment for the benefit of creditors pursuant to Chapter 18.1 (§ 8.01-525.1 et seq.) of Title 8.01 and transfers pursuant to escheats pursuant to Chapter 24 (§ 55.1-2400 et seq.).2\n\nTransfers to a beneficiary of a deed of trust pursuant to a foreclosure sale or by a deed in lieu of foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure.3\n\nTransfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.4\n\nTransfers from one or more co-owners solely to one or more other co-owners.5\n\nTransfers made solely to any combination of a spouse or one or more persons in the lineal line of consanguinity of one or more of the transferors.6\n\nTransfers between spouses resulting from a decree of divorce or a property settlement stipulation pursuant to the provisions of Title 20.7\n\nTransfers made by virtue of the record owner’s failure to pay any federal, state, or local taxes.8\n\nTransfers to or from any governmental entity or public or quasi-public housing authority or agency.9\n\nTransfers involving the first sale of a dwelling, provided that this exemption shall not apply to the disclosures required by § 55.1-704.B\n\nNotwithstanding the provisions of subdivision A 9, the builder of a new dwelling shall disclose in writing to the purchaser all known material defects that would constitute a violation of any applicable building code. 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 (a) when selling a completed dwelling, before ratification of the real estate purchase contract or (b) 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 the disclosure form described in § 55.1-703. If no defects are known by the builder to exist, no written disclosure is required by this subsection.","order_by":null,"text":{"0":{"id":223333,"text":"The following are specifically excluded from the provisions of this chapter:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":223334,"text":"Transfers pursuant to court order including transfers ordered by a court in administration of an estate, transfers pursuant to a writ of execution, transfers by foreclosure sale or by a deed in lieu of a foreclosure, transfers by a trustee in bankruptcy, transfers by eminent domain, and transfers resulting from a judgment for specific performance. Also, transfers by an assignment for the benefit of creditors pursuant to Chapter 18.1 (§ 8.01-525.1 et seq.) of Title 8.01 and transfers pursuant to escheats pursuant to Chapter 24 (§ 55.1-2400 et seq.).","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":223335,"text":"Transfers to a beneficiary of a deed of trust pursuant to a foreclosure sale or by a deed in lieu of foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":223336,"text":"Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":223337,"text":"Transfers from one or more co-owners solely to one or more other co-owners.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":223338,"text":"Transfers made solely to any combination of a spouse or one or more persons in the lineal line of consanguinity of one or more of the transferors.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":223339,"text":"Transfers between spouses resulting from a decree of divorce or a property settlement stipulation pursuant to the provisions of Title 20.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":223340,"text":"Transfers made by virtue of the record owner’s failure to pay any federal, state, or local taxes.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":223341,"text":"Transfers to or from any governmental entity or public or quasi-public housing authority or agency.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":223342,"text":"Transfers involving the first sale of a dwelling, provided that this exemption shall not apply to the disclosures required by § 55.1-704.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":223343,"text":"Notwithstanding the provisions of subdivision A 9, the builder of a new dwelling shall disclose in writing to the purchaser all known material defects that would constitute a violation of any applicable building code. 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 (a) when selling a completed dwelling, before ratification of the real estate purchase contract or (b) 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 the disclosure form described in § 55.1-703. If no defects are known by the builder to exist, no written disclosure is required by this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9"}},"ancestry":[{"id":15127,"edition_id":1,"name":"Virginia Residential Property Disclosure Act","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13524,"metadata":{},"date_created":"2026-06-26 03:52:20","date_modified":"2026-06-26 03:52:20","permalink":{"id":245745,"object_type":"structure","relational_id":15127,"identifier":"7","token":"55.1\/II\/7","url":"\/55.1\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13524,"edition_id":1,"name":"Real Estate Settlements and Recordation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245369,"object_type":"structure","relational_id":13524,"identifier":"II","token":"55.1\/II","url":"\/55.1\/II\/","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":69225,"structure_id":15127,"section_number":"55.1-700","catch_line":"Definitions","url":"\/55.1-700\/","token":"55.1\/II\/7\/55.1-700","metadata":false},{"id":57762,"structure_id":15127,"section_number":"55.1-701","catch_line":"Applicability","url":"\/55.1-701\/","token":"55.1\/II\/7\/55.1-701","metadata":false},{"id":61092,"structure_id":15127,"section_number":"55.1-702","catch_line":"Exemptions","url":"\/55.1-702\/","token":"55.1\/II\/7\/55.1-702","metadata":false},{"id":84205,"structure_id":15127,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","url":"\/55.1-703\/","token":"55.1\/II\/7\/55.1-703","metadata":false},{"id":65715,"structure_id":15127,"section_number":"55.1-704","catch_line":"Required disclosures pertaining to a military air installation","url":"\/55.1-704\/","token":"55.1\/II\/7\/55.1-704","metadata":false},{"id":57626,"structure_id":15127,"section_number":"55.1-705","catch_line":"Repealed","url":"\/55.1-705\/","token":"55.1\/II\/7\/55.1-705","metadata":false},{"id":59526,"structure_id":15127,"section_number":"55.1-706","catch_line":"Required disclosures; pending building or zoning violations","url":"\/55.1-706\/","token":"55.1\/II\/7\/55.1-706","metadata":false},{"id":84772,"structure_id":15127,"section_number":"55.1-706.1","catch_line":"Required disclosures; lis pendens","url":"\/55.1-706.1\/","token":"55.1\/II\/7\/55.1-706.1","metadata":false},{"id":75712,"structure_id":15127,"section_number":"55.1-707","catch_line":"Permissive disclosure; tourism activity zone","url":"\/55.1-707\/","token":"55.1\/II\/7\/55.1-707","metadata":false},{"id":69930,"structure_id":15127,"section_number":"55.1-708","catch_line":"Required disclosures; property previously used to manufacture methamphetamine","url":"\/55.1-708\/","token":"55.1\/II\/7\/55.1-708","metadata":false},{"id":80428,"structure_id":15127,"section_number":"55.1-708.1","catch_line":"Required disclosures; stormwater management facilities","url":"\/55.1-708.1\/","token":"55.1\/II\/7\/55.1-708.1","metadata":false},{"id":66774,"structure_id":15127,"section_number":"55.1-708.2","catch_line":"Required disclosures pertaining to repetitive loss","url":"\/55.1-708.2\/","token":"55.1\/II\/7\/55.1-708.2","metadata":false},{"id":83519,"structure_id":15127,"section_number":"55.1-709","catch_line":"Time for disclosure; termination of contract","url":"\/55.1-709\/","token":"55.1\/II\/7\/55.1-709","metadata":false},{"id":59277,"structure_id":15127,"section_number":"55.1-710","catch_line":"Owner liability","url":"\/55.1-710\/","token":"55.1\/II\/7\/55.1-710","metadata":false},{"id":83496,"structure_id":15127,"section_number":"55.1-711","catch_line":"Change in circumstances","url":"\/55.1-711\/","token":"55.1\/II\/7\/55.1-711","metadata":false},{"id":58418,"structure_id":15127,"section_number":"55.1-712","catch_line":"Duties of real estate licensees","url":"\/55.1-712\/","token":"55.1\/II\/7\/55.1-712","metadata":false},{"id":80711,"structure_id":15127,"section_number":"55.1-713","catch_line":"Actions under this chapter","url":"\/55.1-713\/","token":"55.1\/II\/7\/55.1-713","metadata":false},{"id":84981,"structure_id":15127,"section_number":"55.1-714","catch_line":"Real Estate Board to develop form; when effective","url":"\/55.1-714\/","token":"55.1\/II\/7\/55.1-714","metadata":false}],"previous_section":{"id":57762,"structure_id":15127,"section_number":"55.1-701","catch_line":"Applicability","url":"\/55.1-701\/","token":"55.1\/II\/7\/55.1-701","metadata":false},"next_section":{"id":84205,"structure_id":15127,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","url":"\/55.1-703\/","token":"55.1\/II\/7\/55.1-703","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-702\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 717 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. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 824; in 1994, chapters 80<\/a> and 242<\/a>; in 2005, chapter 510<\/a>; in 2006, chapter 706<\/a>; in 2007, chapter 265<\/a>; in 2017, chapter 386<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":59526,"section_number":"55.1-706","catch_line":"Required disclosures; pending building or zoning violations","order_by":null,"url":"\/55.1-706\/"},{"id":84772,"section_number":"55.1-706.1","catch_line":"Required disclosures; lis pendens","order_by":null,"url":"\/55.1-706.1\/"},{"id":69930,"section_number":"55.1-708","catch_line":"Required disclosures; property previously used to manufacture methamphetamine","order_by":null,"url":"\/55.1-708\/"}],"refers_to":[{"id":76052,"section_number":"55.1-2400","catch_line":"Definition","order_by":null,"url":"\/55.1-2400\/"},{"id":84205,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","order_by":null,"url":"\/55.1-703\/"},{"id":69633,"section_number":"8.01-525.1","catch_line":"Recordation; notice of sale; preferences prohibited","order_by":null,"url":"\/8.01-525.1\/"}],"permalink":{"id":245755,"object_type":"law","relational_id":61092,"identifier":"55.1-702","token":"55.1\/II\/7\/55.1-702","url":"\/55.1-702\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-702\/","token":"55.1\/II\/7\/55.1-702","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-702","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following are specifically excluded from the provisions of this chapter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Transfers pursuant to court order<\/span> including transfers ordered by a court in administration of an estate, transfers pursuant to a writ<\/span> of execution, transfers by foreclosure sale or by a deed in lieu of a foreclosure, transfers by a trustee in bankruptcy<\/span>, transfers by eminent domain, and transfers resulting from a judgment<\/span> for specific performance. Also, transfers by an assignment for the benefit of creditors<\/span> pursuant to Chapter 18.1 (§ 8.01-525.1<\/a> et seq.) of Title 8.01 and transfers pursuant to escheats pursuant to Chapter 24 (§ 55.1-2400<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transfers to a beneficiary of a deed of trust pursuant to a foreclosure sale or by a deed in lieu of foreclosure, or transfers by a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a foreclosure sale under a deed of trust or has acquired the real property by a deed in lieu of foreclosure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Transfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Transfers from one or more co-owners solely to one or more other co-owners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Transfers made solely to any combination of a spouse or one or more persons in the lineal line of consanguinity of one or more of the transferors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Transfers between spouses resulting from a decree<\/span> of divorce or a property settlement<\/span> stipulation<\/span> pursuant to the provisions of Title 20. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Transfers made by virtue of the record owner’s failure to pay any federal, state, or local taxes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Transfers to or from any governmental entity or public or quasi-public housing authority or agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Transfers involving the first sale of a dwelling, provided that this exemption shall not apply to the disclosures required by § 55.1-704<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subdivision A 9, the builder of a new dwelling shall disclose in writing to the purchaser all known material<\/span> defects that would constitute a violation of any applicable building code. 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 (a) when selling a completed dwelling, before ratification<\/span> of the real estate purchase contract<\/span> or (b) 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 the disclosure form described in § 55.1-703<\/a>. If no defects are known by the builder to exist, no written disclosure is required by this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 55.1-702)\n\nA. The following are specifically excluded from the provisions of this chapter:\n\n 1. Transfers pursuant to court order including transfers ordered by a court in\n administration of an estate, transfers pursuant to a writ of execution,\n transfers by foreclosure sale or by a deed in lieu of a foreclosure, transfers\n by a trustee in bankruptcy, transfers by eminent domain, and transfers\n resulting from a judgment for specific performance. Also, transfers by an\n assignment for the benefit of creditors pursuant to Chapter 18.1 (§\n 8.01-525.1 et seq.) of Title 8.01 and transfers pursuant to escheats pursuant\n to Chapter 24 (§ 55.1-2400 et seq.).\n\n 2. Transfers to a beneficiary of a deed of trust pursuant to a foreclosure\n sale or by a deed in lieu of foreclosure, or transfers by a beneficiary under\n a deed of trust who has acquired the real property at a sale conducted\n pursuant to a foreclosure sale under a deed of trust or has acquired the real\n property by a deed in lieu of foreclosure.\n\n 3. Transfers by a fiduciary in the course of the administration of a\n decedent’s estate, guardianship, conservatorship, or trust.\n\n 4. Transfers from one or more co-owners solely to one or more other co-owners.\n\n 5. Transfers made solely to any combination of a spouse or one or more persons\n in the lineal line of consanguinity of one or more of the transferors.\n\n 6. Transfers between spouses resulting from a decree of divorce or a property\n settlement stipulation pursuant to the provisions of Title 20.\n\n 7. Transfers made by virtue of the record owner’s failure to pay any\n federal, state, or local taxes.\n\n 8. Transfers to or from any governmental entity or public or quasi-public\n housing authority or agency.\n\n 9. Transfers involving the first sale of a dwelling, provided that this\n exemption shall not apply to the disclosures required by § 55.1-704.\n\nB. Notwithstanding the provisions of subdivision A 9, the builder of a new\ndwelling shall disclose in writing to the purchaser all known material defects\nthat would constitute a violation of any applicable building code. In addition,\nfor property that is located wholly or partially in any locality comprising\nPlanning District 15, the builder or owner, if the builder is not the owner of\nthe property, shall disclose in writing whether the builder or owner has any\nknowledge of (i) whether mining operations have previously been conducted on the\nproperty or (ii) the presence of abandoned mines, shafts, or pits, if any. The\ndisclosures required by this subsection shall be made by a builder or owner (a)\nwhen selling a completed dwelling, before ratification of the real estate\npurchase contract or (b) when selling a dwelling before or during its\nconstruction, after issuance of a certificate of occupancy. Such disclosure\nshall not abrogate any warranty or any other contractual obligations the builder\nor owner may have to the purchaser. The disclosure required by this subsection\nmay be made on the disclosure form described in § 55.1-703. If no defects\nare known by the builder to exist, no written disclosure is required by this\nsubsection.\n\nHISTORY: 1992, c. 717, \u00a7 55-518; 1993, c. 824; 1994, cc. 80, 242; 2005, c. 510;\n2006, c. 706; 2007, c. 265; 2017, c. 386; 2019, c. 712.","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}}