{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/43-13.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/43-13.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/43-13.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/43-13.2.html"}],"law_id":363655,"edition_id":2,"section_id":363655,"structure_id":51889,"section_number":"43-13.2","catch_line":"When an affidavit or a signed statement of payment required of owner prior to sale","history":"1992, cc. 779, 787; 2003, c. 400.","full_text":"A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in connection with the development or improvement of such property or a contractor or subcontractor furnishing labor or material in connection with the development or improvement of such property shall, at the time of settlement on the sale of such property, provide the purchaser with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with the improvements on such property and with whom such owner is in privity of contract have been paid in full or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Willful failure to provide such statement or any willful material misrepresentation with respect to such a statement which causes a monetary loss to a financial institution, title company, contractor, subcontractor, supplier, owner, mechanics’ lien agent or any other person or institution shall be punishable as a Class 5 felony.\n\n","order_by":null,"text":{"0":{"id":1354889,"text":"A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in connection with the development or improvement of such property or a contractor or subcontractor furnishing labor or material in connection with the development or improvement of such property shall, at the time of settlement on the sale of such property, provide the purchaser with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with the improvements on such property and with whom such owner is in privity of contract have been paid in full or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Willful failure to provide such statement or any willful material misrepresentation with respect to such a statement which causes a monetary loss to a financial institution, title company, contractor, subcontractor, supplier, owner, mechanics’ lien agent or any other person or institution shall be punishable as a Class 5 felony.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51889,"edition_id":2,"name":"Mechanics' and Materialmen's Liens","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":51888,"metadata":{"child_laws":32,"child_structures":0},"date_created":"2026-08-02 02:50:42","date_modified":"2026-08-02 12:33:28","permalink":{"id":1448269,"object_type":"structure","relational_id":51889,"identifier":"1","token":"43\/1","url":"\/43\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51888,"edition_id":2,"name":"Mechanics' and Certain Other Liens","identifier":"43","label":"title","depth":1,"order_by":95,"parent_id":null,"metadata":{"child_laws":66,"child_structures":9},"date_created":"2026-08-02 02:50:42","date_modified":"2026-08-02 12:33:27","permalink":{"id":1448267,"object_type":"structure","relational_id":51888,"identifier":"43","token":"43","url":"\/43\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363650,"structure_id":51889,"section_number":"43-1","catch_line":"Definitions","url":"\/43-1\/","token":"43\/1\/43-1","metadata":false},{"id":363651,"structure_id":51889,"section_number":"43-10","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-9","url":"\/43-10\/","token":"43\/1\/43-10","metadata":false},{"id":363652,"structure_id":51889,"section_number":"43-11","catch_line":"How owner or general contractor made personally liable to subcontractor, laborer or materialman","url":"\/43-11\/","token":"43\/1\/43-11","metadata":false},{"id":363653,"structure_id":51889,"section_number":"43-12","catch_line":"Repealed","url":"\/43-12\/","token":"43\/1\/43-12","metadata":false},{"id":363657,"structure_id":51889,"section_number":"43-13","catch_line":"Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material","url":"\/43-13\/","token":"43\/1\/43-13","metadata":false},{"id":363654,"structure_id":51889,"section_number":"43-13.1","catch_line":"Use of lien waiver form; forgery or signing without authority","url":"\/43-13.1\/","token":"43\/1\/43-13.1","metadata":false},{"id":363655,"structure_id":51889,"section_number":"43-13.2","catch_line":"When an affidavit or a signed statement of payment required of owner prior to sale","url":"\/43-13.2\/","token":"43\/1\/43-13.2","metadata":false},{"id":363656,"structure_id":51889,"section_number":"43-13.3","catch_line":"An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty","url":"\/43-13.3\/","token":"43\/1\/43-13.3","metadata":false},{"id":363659,"structure_id":51889,"section_number":"43-14","catch_line":"Repealed","url":"\/43-14\/","token":"43\/1\/43-14","metadata":false},{"id":363658,"structure_id":51889,"section_number":"43-14.1","catch_line":"Service of notices","url":"\/43-14.1\/","token":"43\/1\/43-14.1","metadata":false},{"id":363660,"structure_id":51889,"section_number":"43-15","catch_line":"Inaccuracies in memorandum or description not affecting lien","url":"\/43-15\/","token":"43\/1\/43-15","metadata":false},{"id":363661,"structure_id":51889,"section_number":"43-16","catch_line":"What owner may do when contractor fails or refuses to complete building, etc","url":"\/43-16\/","token":"43\/1\/43-16","metadata":false},{"id":363663,"structure_id":51889,"section_number":"43-17","catch_line":"Limitation on suit to enforce lien","url":"\/43-17\/","token":"43\/1\/43-17","metadata":false},{"id":363662,"structure_id":51889,"section_number":"43-17.1","catch_line":"Hearing on validity of lien","url":"\/43-17.1\/","token":"43\/1\/43-17.1","metadata":false},{"id":363664,"structure_id":51889,"section_number":"43-18","catch_line":"Lien of general contractor to inure to benefit of subcontractor","url":"\/43-18\/","token":"43\/1\/43-18","metadata":false},{"id":363665,"structure_id":51889,"section_number":"43-19","catch_line":"Validity and priority of lien not affected by assignments","url":"\/43-19\/","token":"43\/1\/43-19","metadata":false},{"id":363666,"structure_id":51889,"section_number":"43-2","catch_line":"Structures, materials, etc., deemed permanently annexed to freehold","url":"\/43-2\/","token":"43\/1\/43-2","metadata":false},{"id":363667,"structure_id":51889,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","url":"\/43-20\/","token":"43\/1\/43-20","metadata":false},{"id":363668,"structure_id":51889,"section_number":"43-21","catch_line":"Priorities between mechanics' and other liens","url":"\/43-21\/","token":"43\/1\/43-21","metadata":false},{"id":363669,"structure_id":51889,"section_number":"43-22","catch_line":"How liens enforced","url":"\/43-22\/","token":"43\/1\/43-22","metadata":false},{"id":363672,"structure_id":51889,"section_number":"43-23","catch_line":"Priority among liens perfected under this chapter","url":"\/43-23\/","token":"43\/1\/43-23","metadata":false},{"id":363670,"structure_id":51889,"section_number":"43-23.1","catch_line":"Forfeiture of lien","url":"\/43-23.1\/","token":"43\/1\/43-23.1","metadata":false},{"id":363671,"structure_id":51889,"section_number":"43-23.2","catch_line":"Remedies cumulative","url":"\/43-23.2\/","token":"43\/1\/43-23.2","metadata":false},{"id":363680,"structure_id":51889,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","url":"\/43-3\/","token":"43\/1\/43-3","metadata":false},{"id":363694,"structure_id":51889,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","url":"\/43-4\/","token":"43\/1\/43-4","metadata":false},{"id":363692,"structure_id":51889,"section_number":"43-4.01","catch_line":"Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice","url":"\/43-4.01\/","token":"43\/1\/43-4.01","metadata":false},{"id":363693,"structure_id":51889,"section_number":"43-4.1","catch_line":"Liens to be recorded in deed books and indexed in general index of deeds","url":"\/43-4.1\/","token":"43\/1\/43-4.1","metadata":false},{"id":363700,"structure_id":51889,"section_number":"43-5","catch_line":"Sufficiency of memorandum and affidavit required by \u00a7 43-4","url":"\/43-5\/","token":"43\/1\/43-5","metadata":false},{"id":363701,"structure_id":51889,"section_number":"43-6","catch_line":"Repealed","url":"\/43-6\/","token":"43\/1\/43-6","metadata":false},{"id":363711,"structure_id":51889,"section_number":"43-7","catch_line":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","url":"\/43-7\/","token":"43\/1\/43-7","metadata":false},{"id":363714,"structure_id":51889,"section_number":"43-8","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-7","url":"\/43-8\/","token":"43\/1\/43-8","metadata":false},{"id":363715,"structure_id":51889,"section_number":"43-9","catch_line":"Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien","url":"\/43-9\/","token":"43\/1\/43-9","metadata":false}],"previous_section":{"id":363654,"structure_id":51889,"section_number":"43-13.1","catch_line":"Use of lien waiver form; forgery or signing without authority","url":"\/43-13.1\/","token":"43\/1\/43-13.1","metadata":false},"next_section":{"id":363656,"structure_id":51889,"section_number":"43-13.3","catch_line":"An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty","url":"\/43-13.3\/","token":"43\/1\/43-13.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-13.2\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapters 779 and 787 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter 400<\/a>.<\/p>","references":[{"id":363656,"section_number":"43-13.3","catch_line":"An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty","order_by":null,"url":"\/43-13.3\/"}],"refers_to":false,"permalink":{"id":1448295,"object_type":"law","relational_id":363655,"identifier":"43-13.2","token":"43\/1\/43-13.2","url":"\/43-13.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/43-13.2\/","token":"43\/1\/43-13.2","dublin_core":{"Title":"When an affidavit or a signed statement of payment required of owner prior to sale","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-13.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in connection with the development or improvement of such property or a contractor or subcontractor furnishing labor or material<\/span> in connection with the development or improvement of such property shall, at the time of settlement<\/span> on the sale of such property, provide the purchaser with an affidavit<\/span> or a signed statement attested to by a witness<\/span> stating either (i) that all persons performing labor or furnishing materials<\/span> in connection with the improvements on such property and with whom such owner is in privity of contract<\/span> have been paid in full or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials<\/span> and with whom such owner is in privity of contract<\/span>. Willful failure to provide such statement or any willful material<\/span> misrepresentation with respect to such a statement which causes a monetary loss to a financial institution, title company, contractor, subcontractor, supplier, owner, mechanics’ lien<\/span> agent or any other person or institution shall be punishable as a Class 5 felony<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AN AFFIDAVIT OR A SIGNED STATEMENT OF PAYMENT REQUIRED OF OWNER PRIOR TO\nSALE (\u00a7 43-13.2)\n\nA person who is both the owner of a one- or two-family residential dwelling unit\nand either a developer of such property, a contractor in connection with the\ndevelopment or improvement of such property or a contractor or subcontractor\nfurnishing labor or material in connection with the development or improvement\nof such property shall, at the time of settlement on the sale of such property,\nprovide the purchaser with an affidavit or a signed statement attested to by a\nwitness stating either (i) that all persons performing labor or furnishing\nmaterials in connection with the improvements on such property and with whom\nsuch owner is in privity of contract have been paid in full or (ii) the name,\naddress and amount payable or claimed to be payable to any person so performing\nlabor or furnishing materials and with whom such owner is in privity of\ncontract. Willful failure to provide such statement or any willful material\nmisrepresentation with respect to such a statement which causes a monetary loss\nto a financial institution, title company, contractor, subcontractor, supplier,\nowner, mechanics’ lien agent or any other person or institution shall be\npunishable as a Class 5 felony.\n\nHISTORY: 1992, cc. 779, 787; 2003, c. 400.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}