When is a Deal a Deal – insider tips for MD and VA

Sue Goodhart
 Insider Tips
Sue Goodhart, McEnearney Associates, Alexandria, VA


When is a deal a deal?

How can you Be sure that your purchase in Northern Virginia  is really a deal?  Understanding your position as a buyer in Virginia when buying in the Washington DC metro area is an important first step in finding a deal that works in your favor.  Virginia is a  â€ buyer beware” state unlike Maryland and the District of Columbia.  In Maryland and DC, the seller is required to list any deficiencies and give the ages of the major elements of the property and disclose any problems.  In Virginia the seller’s disclosure is really a disclaimer despite its title “Residential Property Disclosure Statement”.  The statement is a notice to the seller and purchase that the owner is making “no representations with respect to the matters set forth and described at the Residential Property Disclosures web page.  The purchaser is advised to consult the website (http:www.dpor.virginia.gov/dporweb/reb _consumer.cfm) for important information about the real property.”  The only disclosure required by the seller is whether there is pending enforcement actions “pursuant to the Uniform Statewide Building Code that affect the safe, decent and sanitary living conditions of the real property described…..of which the owner has been notified in writing by the locality, nor any pending violation of the local zoning ordinance which the violator has not abated or remedied under the zoning ordinance, within a time period set out in the written notice of violation from the locality or established by a court of competent jurisdiction, except as disclosed on this statement”.  So unless the owner is actually sited by the local authorities they do not have to disclose a violation.

In Virginia, the buyer must  go to the website noted above or ask their buyer agent to provide  the Residential Property Disclosures.  The disclosures however are not disclosures!  It is a disclosure that the seller is making no representations in the following areas:

Condition of the property

Adjacent parcels

Historic District Ordinances

Resource Protection Areas

Sexual Offenders

Dam Break Inundation Zones

Storm water detention facilities on the property

Wastewater systems

First sale of a dwelling

Location in a Planning district 15 relating to mining

A buyer in Virginia is well served to ask a lot of questions relating to the above, to have a home inspection with a licensed home inspector and a final walk through before settlement.

Regarding adjacent parcels, buyers do need to check with local authorities to find out if there are any changes planned in land use around the property they are buying.  In places like Arlington along the orange line, checking with the county regarding the zoning for adjacent buildings might reveal whether a large condo building might be built close by and affect light, view and parking.

In Old Town Alexandria, a buyer purchased a home without knowing that the neighbor of her town home would be putting on a major addition causing increased noise and congestion because the seller had no obligation to disclose the construction as a seller would be in DC or Maryland.  The buyer would have needed to ask the city if any permits had been pulled by their neighbors.

Also in Old Town a buyer was not aware of the restrictions on replacement windows and how any new installation has to be approved by the Architectural review board and through a licensed contractor in the City of Alexandria.  She replaced the windows and had a stop work order placed on her home and had to have the new windows removed and replaced with the original windows.

A buyer looking in Northern Virgina should hire an experienced licensed agent who can point out what the buyer needs to be aware of.

Getting the best deal means understanding what to look for before writing a contract so that you understand your negotiation position and have no surprises after you close.  Having someone in your corner is the best way to ensure you are indeed getting a deal!

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