Virginia Code 55.1-3202: Prohibited terms
A. No real estate service agreement that is effective and binding for more than one year from the effective date shall:
Terms Used In Virginia Code 55.1-3202
- Lien: A claim against real or personal property in satisfaction of a debt.
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
1. Purport to run with the land or bind future owners of interests in the residential real property identified in the service agreement;
2. Allow the service provider to assign or transfer the right to provide services under the service agreement without notice to and written agreement of all parties to the service agreement; or
3. Purport to create a lien, encumbrance, or other real property security interest on the residential real property identified in the service agreement.
B. Offering a real estate service agreement that violates subsection A to a consumer constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.). Nothing in this subsection shall be construed to prevent an individual from pursuing any other remedy available by law.