Any person who is the owner of a one- or two-family residential dwelling unit not included within the scope of § 43-13.2 shall, at the time of settlement on the sale of such property, provide the purchaser, or lender in the case of a permanent loan or refinance, with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with any improvements on such property within 120 days prior to the date of settlement and with whom such owner is in privity of contract have been paid in full, or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Any willful material misrepresentation in the affidavit or signed statement attested to by a witness which causes a monetary loss to any financial institution, title company, or purchaser shall be punishable as a Class 3 misdemeanor.
1994, c. 388; 2003, c. 400.
Structure Code of Virginia
Title 43 - Mechanics' and Certain Other Liens
Chapter 1 - Mechanics' and Materialmen's Liens
§ 43-2. Structures, materials, etc., deemed permanently annexed to freehold
§ 43-3. Lien for work done and materials furnished; waiver of right to file or enforce lien
§ 43-4. Perfection of lien by general contractor; recordation and notice
§ 43-4.1. Liens to be recorded in deed books and indexed in general index of deeds
§ 43-5. Sufficiency of memorandum and affidavit required by § 43-4
§ 43-8. Sufficiency of memorandum, affidavit and notice required by § 43-7
§ 43-10. Sufficiency of memorandum, affidavit and notice required by § 43-9
§ 43-13.1. Use of lien waiver form; forgery or signing without authority
§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale
§ 43-15. Inaccuracies in memorandum or description not affecting lien
§ 43-16. What owner may do when contractor fails or refuses to complete building, etc.
§ 43-17. Limitation on suit to enforce lien
§ 43-17.1. Hearing on validity of lien
§ 43-18. Lien of general contractor to inure to benefit of subcontractor
§ 43-19. Validity and priority of lien not affected by assignments
§ 43-20. Extent of lien where owner has less than fee in land
§ 43-21. Priorities between mechanics' and other liens