Sellers’ Disclosures - Defective Drywall

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Between 2004 and 2007 some drywall manufactured in the People's Republic of China and imported into the United States contained elemental sulfur exceeding 10 parts per million that when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air.  Additionally, there was drywall imported from China that has been designated by the U.S. Consumer Product Safety Commission as a product with a product defect that constitutes a substantial product hazard within the meaning of § 15 (a)(2) of the Consumer Product Safety Act (15 U.S.C. § 2064 (a)(2)).

If the Sellers have knowledge that their property contains any of the affected drywall, they are required by Virginia State law 55-519.2 to disclose this to any potential Buyers.  This disclosure is exempt if the property falls under the exemptions contained in 55-518;
  •  ·         Transfers pursuant to court order 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
  • ·         transfers resulting from a decree for specific performance.
  • ·         transfers by an assignment for the benefit of creditors pursuant
  • ·         transfers pursuant to escheats pursuant to Chapter 9 (§ 55-156 et seq.).
  • ·         transfers from one or more co-owners solely to one or more other co-owners.
  • ·         transfers made solely to any combination of a spouse or a person or persons in the lineal line of consanguinity of one or more of the transferors.
  • ·         transfers between spouses resulting from a decree of divorce or a property settlement stipulation
  • ·         transfers made by virtue of the record owner's failure to pay any federal, state, or local taxes.
  • ·         transfers to or from any governmental entity or public or quasi-public housing authority or agency.


Generally, most people are unaware if the drywall in their home is defective.  The disclosure must be in writing.


Buyer beware.

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