Legal answers for Meth Questions, RE: current listings/under contracts

As of July 1, 2014 owners of residential real estate subject to Virginia Disclosure Law are required to disclose if the property has been used in the manufacture of methamphetamine and has not been re mediated. Realtor’s questions and answers from Blake Hegeman, VAR legal, are below.

Realtor Q. Do Realtors have to get all owners of current listings to sign something with respect to meth?

Legal A. “No, But if the listing agent has knowledge of an un re mediated meth home he is selling he must inform the seller of his disclosure duties via the form. If the seller refuses, the listing agent must disclose the meth condition as a material adverse fact pertaining to the physical condition of the property.”

Realtor Q. Do Realtors who have listings that have ratified offers, i.e. Active with contingencies or Pending, need to get something in writing from the sellers of those properties? “For Rent” properties?

Legal A “If the seller gained knowledge that the house was an unremediated meth house after it was under contract or leased, the seller/landlord must still disclose that fact to the buyer. If he will not, see above for agent duties”.

VA Law references:
Sales: VA 55-519.4
Rentals: VA 55-248.12:3

Contributed by:

Ron Heim, Principal Broker
Keller Williams Elite-Peninsula
804 Omni Blvd, Suite 200
Newport News, VA 23606
Direct: 757-810-2131
Licensed Real Estate Broker in Virginia
Lic. # 0225 055200