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VA HB39

VA HB39
Duty of settlement agent; restrictive covenants.


summary

Introduced
12/23/2025
In Committee
03/04/2026
Crossed Over
01/30/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Regular Session

Bill Summary

Duty of settlement agent; restrictive covenants. Requires a settlement agent to notify the purchaser of any residential real property of the purchaser's right to remove a restrictive covenant contained in an instrument affecting the title of the property disclosed as the result of the title search performed pursuant to the real estate transaction.

AI Summary

This bill amends Section 55.1-903 of the Virginia Code to expand the duties of a settlement agent during residential real estate transactions. Specifically, the bill requires settlement agents to not only perform their existing responsibilities of recording deeds and disbursing settlement proceeds within two business days, but also to provide two additional pieces of information to property purchasers: (1) notify the purchaser about the availability of owner's title insurance, and (2) inform the purchaser of their right to remove a restrictive covenant that was identified during the title search. A restrictive covenant is a legal provision in a property deed that limits how the property can be used, such as restrictions on building design, property modifications, or land use. By mandating that settlement agents proactively inform purchasers about these details, the bill aims to increase transparency and ensure buyers are fully aware of potential limitations or options related to their property's title. The bill does not change the existing restrictions on when settlement agents can disburse funds, maintaining the current protections around fund disbursement.

Committee Categories

Business and Industry, Housing and Urban Affairs, Justice

Sponsors (6)

Last Action

Reported from General Laws and Technology with amendment (15-Y 0-N) (on 03/04/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB39
General Laws and Technology Amendment https://lis.virginia.gov/bill-details/20261/HB39/text/HB39ASC1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB39) https://lis.blob.core.windows.net/files/1095188.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB39/text/HB39
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