55-524 - Actions under this chapter. - Virginia Statutes

§ 55-524. Actions under this chapter.

A. Notwithstanding any other provision of this chapter or any other statuteor regulation, no cause of action shall arise against an owner or a realestate licensee for failure to disclose that an occupant of the subject realproperty, whether or not such real property is subject to this chapter, wasafflicted with human immunodeficiency virus (HIV) or that the real propertywas the site of:

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

2. A homicide, felony, or suicide.

B. The purchaser's remedies hereunder for failure of an owner to comply withthe provisions of this chapter are as follows:

1. If the owner fails to provide the disclosure statement required by thischapter, the contract may be terminated subject to the provisions ofsubsection B of § 55-520.

2. In the event the owner fails to provide the disclosure required by §55-519.1, or the owner misrepresents, willfully or otherwise, the informationrequired in such disclosure, except as result of information provided by anofficer or employee of the locality in which the property is located, thepurchaser may maintain an action to recover his actual damages suffered asthe result of such violation. Notwithstanding the provisions of thissubdivision, no purchaser of residential real property located in a noisezone designated on the official zoning map of the locality as having aday-night average sound level of less than 65 decibels shall have a right tomaintain an action for damages pursuant to this section.

C. Any action brought under this subsection shall be commenced within oneyear of the date the purchaser received the disclosure statement. If nodisclosure statement was delivered to the purchaser, an action shall becommenced within one year of the date of settlement if by sale, or occupancyif by lease with an option to purchase.

Nothing contained herein shall prevent a purchaser from pursuing any remediesat law or equity otherwise available against an owner in the event of anowner's intentional or willful misrepresentation of the condition of thesubject property.

(1992, c. 717; 1993, c. 847; 2005, c. 510; 2007, c. 265.)