Buyer Beware!

Virginia is a “Buyer Beware” state.  Buyers are responsible for conducting due diligence investigations as to the property they are purchasing as well as the surrounding properties.

The Sellers are only responsible for disclosing conditions, of which they have knowledge that may affect the health, safety and structural soundness of the property offered for sale.   They are not responsible for disclosing anything that may be planned outside those four corners.

Virginia State Code 55-519 outlines everything that the Seller is not responsible to disclose, i.e.;

·         no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions as may be recorded among the land records affecting the real property or any improvements thereon

·         no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel, including zoning classification or permitted uses of adjacent parcels

·         no representations to any matters that pertain to whether the provisions of any historic district ordinance affect the property

·         no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act

·         no representations with respect to information on any sexual offenders registered under Chapter 23

·         no representations with respect to whether the property is within a dam break inundation zone

·         no representations with respect to the presence of any stormwater detention facilities located on the property, or any maintenance agreement for such facilities

·         no representations with respect to the presence of any wastewater system, including the type or size thereof or associated maintenance responsibilities related thereto, located on the property

·         no representations with respect to any right to install or use solar energy collection devices on the property

·         no representations with respect to whether the property is located in one or more special flood hazard areas

·         no representations with respect to whether the property is subject to one or more conservation or other easements

·         no representations with respect to whether the property is subject to a community development authority

All that being said, it would certainly behoove you to investigate the property you are considering purchasing.

If the property is located in a neighborhood, you pretty much get what you see.  But, you should spend the money on a survey to make sure no other buildings encroach on your property.  I once sold a property where the survey showed the neighbor’s garage encroached on my client’s property by about a foot.  Not the entire garage.  Just the left real corner.  My client’s options were to allow the garage to continue to encroach on her property or make them move that foot of garage.  She let it be.

Another example is when a neighbor installs a fence that encroaches on your land.  There may come a time when that fence owner could claim ownership of your land that their fence encloses.  Time to talk with an attorney.

If you plan to purchase a property across the roadway, or beside, a large piece of undeveloped property you really do need to find out anything you can about the property.  In Virginia, generally any property zoned A-1, the owners can pretty much build whatever they want, as long as the jurisdiction approves.  Or, they can have the property re-zoned. 

I once considered purchasing a piece of land in the mountains.  Across the roadway was a large parcel of undeveloped land.  Before I completed my due diligence, construction began on a large warehouse distribution system.  I was so grateful I never purchased the property.

There was a piece of land that appeared to be waterfront.  The key word in that sentence is “appeared”.  The owners had purchased the land but never did their due diligence.  The heirs wanted to sell the undeveloped land but learned there was a conservation easement between their land and the water.  In other words, the waterfront land went from being “waterfront” to “water view”.  Very few people wishing to purchase waterfront will settle for water view.

Therefore, all this being said…DO YOUR DUE DILIGENCE.  Your agent cannot, or should not, do it for you but, they can be the source of the source.  In other words, they can tell you who to talk with to begin the due diligence process.