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Are There Disclosure Requirements In Virginia For Chinese Drywall?

Yes, Virginia is one of the hand-full of states that require residential landlord and residential sellers to disclose if there is defective drywall installed in a residential rental premises or a home for sale. In the early 2000s, many builders and suppliers imported drywall from outside of the United States which emitted sulfur gases in newly built homes. Class action lawsuits were filed in several states, including as Florida, Louisiana and Virginia.

In order to protect residential tenants and purchasers, the Virginia General Assembly passed legislation which requires landlord and homeowners to disclose to their tenants and prospective purchasers, respectively, if they have actual knowledge of the defective drywall. If a tenant identifies defective drywall after executing the Lease, then the tenant will have the right to terminate the Lease. A prospective purchaser should receive the disclosure statement prior to execution of the contract, however, if that is not the case, then the prospective purchaser shall have the right to terminate the contract for a certain period of time after receipt of the disclosure.

Virginia landlords and sellers should be diligent in complying with the disclosure requirements provided by law.



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