VA Final Affidavit and Agreement and Builder/Developer Statutory Payment Affidavit (Virginia Code § 43-13.2)

FINAL AFFIDAVIT AND AGREEMENT
and
BUILDER/DEVELOPER STATUTORY PAYMENT AFFIDAVIT
(VIRGINIA CODE § 43-13.2)

STATE OF _______________________________,

COUNTY/CITY OF ________________________; TO-WIT:

On this ________ day of _____________________, 20___, before me personally appeared ________

___________________________________________________________________________________,

(a)    Owner and developer of the property hereinafter described, the

(b)   Owner and general contractor in connection with the development or improvements of the property hereinafter described, or the

(c)    Owner and a contractor or subcontractor furnishing labor or material in connection with  the development or improvement of the property hereinafter described;

to me personally known, who being duly worn on his/her oath, did say that all of the persons, firms and corporations, including the general contractor and all subcontractors who have furnished services, labor or materials according to plans and specifications, or extra items; used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by owner. 

Affiant further says that no claims have been made to affiant by, nor is any suit pending against affiant by general contractor, contractor, subcontractor, laborer or materialmen, and further that no chattel mortgages, conditional bills of sale, retention of title agreements, security agreements, financing statements, or personal property leases have been given or are outstanding as to any fixtures, appliances, equipment which are now installed in or upon said real property or on the improvements thereon.

Affiant on behalf of said Owner of the Property and General Contractor does for a valuable consideration hereby agree and guarantee to hold Stewart Title Guaranty Company (by reason of the fact that it has issued or will issue in the future its title insurance policies), harmless against any lien, claim or suit of or by any general contractor, contractor, subcontractor, laborer or materialmen, and against any chattel mortgages, conditional bills of sale, retention of title agreements, security agreements, financing statements, or personal property leases in connection with the construction or repairs of such building or improvements on said real estate. 

1.      Property description:___________________________________________________________________

2.      All persons performing labor or furnishing materials in connections with the improvements on said property and with whom the owner is in privity of contract have been paid in full unless noted below by name, address, and amount payable or amount claimed to be payable:  

NAME AND ADDRESS                                                                                    AMOUNT PAYABLE      

________________________________________________________  ___________________

________________________________________________________  ___________________

________________________________________________________  ___________________

________________________________________________________  ___________________

 (attach additional sheets if necessary)

1. This affidavit is given pursuant to Virginia Code § 43-13.2, which requires this affidavit to be furnished to the purchaser.  THE AFFIANT UNDERSTANDS THAT ANY WILLFUL MATERIAL MISREPRESENTATION WITH RESPECT TO THIS STATEMENT WHICH CAUSES A MONETARY LOSS TO A FINANCIAL INSTITUTION, TITLE COMPANY, CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OWNER, MECHANIC’S LIEN AGENT, OR ANY OTHER PERSON OR INSTITUTION SHALL BE PUNISHABLE AS A CLASS 5 FELONY.

WITNESS the following signature:   

By: ___________________________________________________

___________________________________________________

      Print Name

The foregoing Final Affidavit and Agreement and Builder/Developer Statutory Payment Affidavit were subscribed and sworn to before me this ______ day of___________________, 20___, by __________________________________________________________________.

                                                                              _________________________________________

                                                                              Notary Public

                                                                              My commission expires:  ____________________.