                                 CODE OF VIRGINIA

ACTIONS UNDER THIS CHAPTER (§ 55.1-713)

A. Notwithstanding any other provision of this chapter or any other statute or
regulation, no cause of action shall arise against an owner or a real estate
licensee for failure to disclose that the real property was the site of:

   1. An act or occurrence that had no effect on the physical structure of the
   real property, its physical environment, or the improvements located thereon;
   or

   2. A homicide, felony, or suicide.

B. The purchaser&#8217;s remedies for failure of an owner to comply with the
provisions of this chapter are as follows:

   1. If the owner fails to provide any of the applicable disclosures required by
   this chapter, the contract may be terminated subject to the provisions of
   subsection B of &#xA7; 55.1-709.

   2. In the event that the owner fails to provide any of the applicable
   disclosures required by this chapter, or the owner misrepresents, willfully or
   otherwise, the information required in such disclosure, except as result of
   information provided by an officer or employee of the locality in which the
   property is located, the purchaser may maintain an action to recover his
   actual damages suffered as the result of such violation. Notwithstanding the
   provisions of this subdivision, no purchaser of residential real property
   located in a noise zone designated on the official zoning map of the locality
   as having a day-night average sound level of less than 65 decibels shall have
   a right to maintain an action for damages pursuant to this section.

C. Any action brought under this section shall be commenced within one year of
the date the purchaser received the applicable disclosures required by this
chapter. If the disclosures required by this chapter were not delivered to the
purchaser, an action shall be commenced within one year of the date of
settlement, if by sale, or occupancy, if by lease with an option to purchase.
			Nothing contained in this chapter shall prevent a purchaser from pursuing any
remedies at law or equity otherwise available against an owner in the event of
an owner&#8217;s intentional or willful misrepresentation of the condition of
the subject property.

HISTORY: 1992, c. 717, § 55-524; 1993, c. 847; 2005, c. 510; 2007, c. 265;
2017, c. 386; 2019, c. 712.