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Q: Does the Residential Property Disclosure Act (RPDA) conflict with the VAR contract?

A: The Residential Property Disclosure Act (RPDA) (which can be found here) is this act  that governs the DPOR form you all know (found here).

For this question, let’s talk about one key provision in the RPDA and how that interacts with another provision in the Virginia REALTORS^® Purchase Contract Form 600.  

• 55.1-703. Required disclosures for buyer to beware; buyer to exercise necessary due diligence.

1. 1. The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions[…]

Virginia REALTORS^® Form 600 P.15 

(c) If Purchaser’s obligations under this Contract are not contingent on a professional inspection of the Property, then Seller warrants that all appliances, heating and cooling equipment, plumbing, including septic system, and electric systems will be in working condition at the time of settlement or of Purchaser’s occupancy, whichever occurs first. 

While the seller is saying that they are not making any warranties on the Residential Property Disclosure Statement, they are in fact making warranties in the sales contract. However, it is important to note that the warranties in the RPDA are not the same as the warranties in the sales contract and the two are not in conflict.  The warranty made in the sales contract specifically refers to the systems and appliances in the property, which are not mentioned in the disclosure statement. In short, the warranties on conditions of the property have no relation to the warranties in the sales contract, more so, even if they did the sales contract would supersede it.  

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