                                 CODE OF VIRGINIA

IMPLIED WARRANTIES ON NEW HOMES (§ 55.1-357)

A. As used in this section:
			&#8220;New dwelling&#8221;  means a dwelling or house that has not previously
been occupied for a period of more than 60 days by anyone other than the vendor
or the vendee or that has not been occupied by the original vendor or subsequent
vendor for a cumulative period of more than 12 months, excluding dwellings
constructed solely for lease. &#8220;New dwelling&#8221; does not include a
condominium or condominium units created pursuant to the Virginia Condominium
Act (&#xA7; 55.1-1900 et seq.).
			&#8220;Structural defects&#8221;  means a defect or defects that reduce the
stability or safety of the structure below accepted standards or that restrict
the normal use of the structure.

B. In every contract for the sale of a new dwelling, the vendor shall be held to
warrant to the vendee that, at the time of the transfer of record title or the
vendee&#8217;s taking possession, whichever occurs first, the dwelling with all
of its fixtures is, to the best of the actual knowledge of the vendor or his
agents, sufficiently (i) free from structural defects, so as to pass without
objection in the trade, and (ii) constructed in a workmanlike manner, so as to
pass without objection in the trade.

C. In addition, in every contract for the sale of a new dwelling, the vendor, if
he is in the business of building or selling such dwellings, shall be held to
warrant to the vendee that, at the time of transfer of record title or the
vendee&#8217;s taking possession, whichever occurs first, the dwelling together
with all of its fixtures is sufficiently (i) free from structural defects, so as
to pass without objection in the trade; (ii) constructed in a workmanlike
manner, so as to pass without objection in the trade; and (iii) fit for
habitation.

D. The warranties described in subsections B and C implied in the contract for
sale shall be held to survive the transfer of title. Such warranties are in
addition to, and not in lieu of, any other express or implied warranties
pertaining to the dwelling or its materials or fixtures. A contract for sale may
waive, modify, or exclude any or all express and implied warranties and sell a
new home &#8220;as is&#8221; only if the words used to waive, modify, or exclude
such warranties are conspicuous, as defined by subdivision (b)(10) of &#xA7;
8.1A-201, set forth on the face of such contract in capital letters that are at
least two points larger than the other type in the contract and only if the
words used to waive, modify, or exclude the warranties state with specificity
the warranty or warranties that are being waived, modified, or excluded. If all
warranties are waived or excluded, a contract shall specifically set forth in
capital letters that are at least two points larger than the other type in the
contract that the dwelling is being sold &#8220;as is.&#8221;

E. If there is a breach of warranty under this section, the vendee, or his heirs
or personal representatives in case of his death, shall have a cause of action
against his vendor for damages, provided, however, for any defect discovered
after July 1, 2002, such vendee shall first provide the vendor, by certified
mail at his last known address, or by commercial overnight delivery service or
the United States Postal Service, and a receipt obtained, a written notice
stating the nature of the warranty claim. Such notice also may be hand delivered
to the vendor with the vendee retaining a receipt of such hand-delivered notice
to the vendor or its authorized agent. After such notice, the vendor shall have
a reasonable period of time, not to exceed six months, to cure the defect that
is the subject of the warranty claim.

F. The warranty shall extend for a period of one year from the date of transfer
of record title or the vendee&#8217;s taking possession, whichever occurs first,
except that the warranty pursuant to clause (i) of subsection C for the
foundation of new dwellings shall extend for a period of five years from the
date of transfer of record title or the vendee&#8217;s taking possession,
whichever occurs first. Any action for its breach shall be brought within two
years after the breach thereof. For all warranty claims arising on or after
January 1, 2009, sending the notice required by subsection E shall toll the
limitations period for six months.

G. In the case of new dwellings where fire-retardant treated plywood sheathing
or other roof sheathing materials are used in lieu of fire-retardant treated
plywood, the vendor shall be deemed to have assigned the manufacturer&#8217;s
warranty, at settlement, to the vendee. The vendee shall have a direct cause of
action against the manufacturer of such roof sheathing for any breach of such
warranty. To the extent any such manufacturer&#8217;s warranty purports to limit
the right of third parties or prohibit assignment, such provision shall be
unenforceable and of no effect.

HISTORY: 1979, c. 282, § 55-70.1; 1988, c. 394; 1992, c. 431; 1994, cc. 483,
766; 2002, c. 795; 2003, c. 353; 2008, c. 392; 2011, c. 803; 2019, c. 712.