                                 CODE OF VIRGINIA

AN AFFIDAVIT OR A SIGNED STATEMENT OF PAYMENT REQUIRED OF OWNER PRIOR TO SALE OR
REFINANCE; PENALTY (§ 43-13.3)

Any person who is the owner of a one- or two-family residential dwelling unit
not included within the scope of § 43-13.2 shall, at the time of settlement on
the sale of such property, provide the purchaser, or lender in the case of a
permanent loan or refinance, with an affidavit or a signed statement attested to
by a witness stating either (i) that all persons performing labor or furnishing
materials in connection with any improvements on such property within 120 days
prior to the date of settlement and with whom such owner is in privity of
contract have been paid in full, or (ii) the name, address and amount payable or
claimed to be payable to any person so performing labor or furnishing materials
and with whom such owner is in privity of contract. Any willful material
misrepresentation in the affidavit or signed statement attested to by a witness
which causes a monetary loss to any financial institution, title company, or
purchaser shall be punishable as a Class 3 misdemeanor.

HISTORY: 1994, c. 388; 2003, c. 400.