(a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to section 4- 102(c), a seller:
(1) Before conveying a unit, shall record or furnish to the purchaser releases of all liens, except liens on real estate that a declarant has the right to withdraw from the common interest community, that the purchaser does not expressly agree to take subject to or assume and that encumber:
(i) In a condominium, that unit and its common element interest; and
(ii) In a cooperative or planned community, that unit and any limited common elements assigned thereto, or
(2) Shall provide a surety bond or substitute collateral for or insurance against the lien.
(b) Before conveying real estate to the association, the declarant shall have that real estate released from: (1) All liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units; and (2) all other liens on that real estate unless the public offering statement describes certain real estate that may be conveyed subject to liens in specified amounts.
Structure West Virginia Code
Chapter 36B. Uniform Common Interest Ownership Act
Article 4. Protection of Purchasers
§36B-4-101. Applicability; Waiver
§36B-4-102. Liability for Public Offering Statement Requirements
§36B-4-103. Public Offering Statement; General Provisions
§36B-4-104. Same -- Common Interest Communities Subject to Development Rights
§36B-4-105. Same -- Time Shares
§36B-4-106. Same -- Common Interest Communities Containing Conversion Buildings
§36B-4-107. Same -- Common Interest Community Securities
§36B-4-108. Purchaser's Right to Cancel
§36B-4-110. Escrow of Deposits
§36B-4-112. Conversion Buildings
§36B-4-113. Express Warranties of Quality
§36B-4-114. Implied Warranties of Quality
§36B-4-115. Exclusion or Modification of Implied Warranties of Quality
§36B-4-116. Statute of Limitations for Warranties
§36B-4-117. Effect of Violations on Rights of Action; Attorney's Fees
§36B-4-118. Labeling of Promotional Material