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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
03/10/2026
Passed
04/08/2026
Dead
Signed/Enacted/Adopted
04/08/2026

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 prohibited restrictive covenant that is contained in an instrument affecting the title of the property and disclosed as the result of the title search performed pursuant to the real estate transaction.

AI Summary

This bill requires a settlement agent, who is the person or entity responsible for handling the closing of a real estate transaction, to inform the buyer of residential property about two important rights. First, the settlement agent must notify the buyer about the availability of owner's title insurance, which protects the buyer against certain title defects. Second, and more significantly, the settlement agent must inform the buyer of their right to remove a prohibited restrictive covenant, which is a clause in a property deed that limits how the property can be used, if that covenant is found during the title search and is prohibited by law.

Committee Categories

Business and Industry, Housing and Urban Affairs, Justice

Sponsors (6)

Last Action

Acts of Assembly Chapter text (CHAP0359) (on 04/08/2026)

Bill Topics

Civil Rights, Minority Issues, and Civil Liberties
  • ‐ Ethnic Minority and Racial Group Discrimination
Community Development and Housing Issues
  • ‐ Fair Housing and Housing Discrimination

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://lis.virginia.gov/bill-details/20261/HB39 12/29/2025
BillText https://lis.virginia.gov/bill-details/20261/HB39/text/CHAP0359 04/10/2026
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB39) https://lis.blob.core.windows.net/files/1215119.PDF 04/02/2026
BillText https://lis.virginia.gov/bill-details/20261/HB39/text/HB39ER 03/30/2026
Senate Amendments https://lis.virginia.gov/bill-details/20261/HB39/text/HB39EDOC 03/09/2026
General Laws and Technology Amendment https://lis.virginia.gov/bill-details/20261/HB39/text/HB39AS1 03/05/2026
General Laws and Technology Amendment https://lis.virginia.gov/bill-details/20261/HB39/text/HB39ASC1 02/24/2026
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB39) https://lis.blob.core.windows.net/files/1095188.PDF 01/23/2026
BillText https://lis.virginia.gov/bill-details/20261/HB39/text/HB39 12/29/2025
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