36-107.1 - Sale of residential structure with lead-based paint levels exceeding Code standards; penalty. - Virginia Statutes

§ 36-107.1. Sale of residential structure with lead-based paint levelsexceeding Code standards; penalty.

Whenever any property owner has been notified by local building officials orrepresentatives of local health departments that any residential premise haslevels of lead-based paint in violation of this chapter, such property ownershall notify prospective purchasers in writing of the presence ofunacceptable levels of lead-based paint in such premises and the requirementsconcerning the removal of the same. Such notification shall include a copyof any notice the property owner received from local building officials orrepresentatives of local health departments advising of the presence ofunacceptable levels of lead-based paint in such premises.

The notice required herein shall be provided to prospective purchasers priorto the signing of a purchase or sales agreement or, if there is no purchaseor sales agreement, prior to the signing of a deed. The requirements shallnot apply to purchase and sales agreements or deeds signed prior to July 1,1991. Transactions in which sellers have accepted written offers prior toJuly 1, 1991, but have not signed a purchase or sales agreement or a deedprior to July 1, 1991, shall be subject to the notice requirements.

Any person who fails to comply with the provisions of this section shall beliable for all damages caused by his failure to comply and shall, inaddition, be liable for a civil penalty not to exceed $1,000.

(1991, c. 266.)