The Midnight Ride of Flood Zone Fear
Listen my agents and you shall hear,
Of the disclosure you must make before buyers are near;
Virginia’s law on this is bright and clear
Listing agents must disclose material adverse facts (front or rear)
To what, you ask, do those facts appertain?
Condition of the land says the lawmakers they pertain;
Is flood zone status one of these you say?
Oh yes, says Brian and Lem, and it must be done in a particular way.
Conspicuously bold or in caps, boxed or underlined Just like the law says, so heed and pay it some mind
Before VREB darkness and peril and fear,
We hope agents will waken and listen to hear
The hurrying clamor of that steed’s bridle,
And the midnight disclosure message of Marshall and Lytle.
Brian “Revered” Lytle
Okay, so Longfellow I am not. While it may debatable, Lem Marshall and I agree that Va. Code § 54.1‐2131(B) requires flood zone and flooding disclosure by listing agents to prospective buyers. Please feel free to email me at bdlytle@lytlelaw.com if you have questions or comments (and if your question is Haiku I will answer it without charge).
© Brian D. Lytle, Esq., Lytle Law, P.C. www.lytlelaw.com Reprinted with permission of the author. This article was originally published in the Realtor Update, a publication of the Virginia Peninsula Association of Realtors® The law may have changed since this article was written and published so caution is advised.