NVAR Forms Changes: Effective July 1st, 2025

K1321 – RESIDENTIAL SALES CONTRACT & K1209 – SALES CONTRACT FOR UNIMPROVED LAND

• Pars 2 & 33 – Included VA Loan Assumption as option under Financing and added new checkbox under “Additions.”
• Par 6 – Delivery – Restated VA law (§ 55.1-2309. Resale certificate: delivery) which states that Resale Certificate delivery can be to buyer OR buyer’s agent.
  • Practice Tip: Pay attention to your inboxes! If a buyer’s agent receives the resale certificate but the buyer doesn’t, this is still considered valid delivery and can start the clock.
• Par 8 – Virginia Resale Disclosure Act
  • Added 9:00 PM deadline to delivery of Resale Certificate for consistency with other deadlines.
  • Clarified ambiguities relating to timeframes.
  • The previous language regarding the buyer’s “preferred method of delivery” has been removed.
  • Added reference to form K1390 – Understanding Your Rights Under the Resale Disclosure Act (see below).
• Par 9 – Changed “walkthrough inspection” to “final walkthrough” to reduce confusion as to the purpose and scope of this type of access. 
• Par 23 – Removed language pertaining to reimbursements for existing escrow accounts in a loan assumption, as that is now addressed in the new VA loan assumption.
  • Included new subsection B for rollback taxes/land use assessment program to mirror “Sales Contract for Unimproved Land” and to reflect increasing exurban use of forms.
  • Practice Tip: The Land Use Assessment Program typically applies to properties being used for agriculture or farming. Check the tax records if you aren’t sure!  
• Par 27 – Definitions – Clarified ambiguities relating to the definition of “Ratification” and clarified when the 9:00 PM deadline applies.
• Par 30 – Entire Agreement – Updated legal boilerplate to indicate when contract becomes legally binding.
• Paragraph references herein correlate with the “Residential Sales Contract,” but are mirrored accordingly in the “Sales Contract for Unimproved Land.”

K1210 – WALK-THROUGH INSPECTION(S)

• Retitled form to “Final Walkthrough(s)” to reflect common usage and changes to sales contracts. Removed “Trash Compactor” to mirror the “Residential Sales Contract.”

K1391 – NEW HOME SAMES ADDENDUM

• Par 9 – Inspections – Addressed ambiguities to clarify that the inspector can be present at inspections and included new timeframes upon which pre-completion date inspections may occur.

K1390 – UNDERSTANDING YOUR RIGHTS UNDER THE RESALE DISCLOSURE ACT

• Par 1(B)(14) – Updated pursuant to changes to Virginia law for July 1, 2025.
• Significantly updated the section on Buyer’s Right of Cancellation to reflect the requirements under the Act in layman’s terms.
  • Clarified that if the parties agree that the buyer has zero days to cancel the contract, such agreement does not constitute an automatic waiver of the right of cancellation. In that case, the buyer has until 9:00 PM on the Ratification Date/Date of Delivery to cancel.
  • Clarified that delivery of an incomplete or outdated Resale Certificate still constitutes valid delivery and that there is no requirement that Resale Certificate be current as of the ratification date.
• Practice Tip: Make sure you’re providing this form to your clients to help explain their rights under the Virginia Resale Disclosure Act. If you need a refresher on cancellation and delivery, this form might help you too! 

K1308 – BUYER’S ACKNOWLEDGEMENT OF POTENTIAL ADVERSE CONSEQUENCES

• Alphabetized order.
• Updated disclaimer language.
• Added option for acknowledging the risk of waiver of an in-person tour.
  • Practice Tip: Yes, you can use this for video showings or “sight unseen” offers. This is also a great tool to protect agents from post-settlement disputes!
• Added new section for the inclusion of potentially adverse terms to an offer, such as pre- and post-settlement occupancy or the “as-is” clause. 

K1360 – PRIVATE WELL AND/OR SEPTIC INSPECTION CONTINGENCY ADDENDUM

• Par 1(A) – Added option for laboratory conducting water potability tests to be either certified “or accredited” pursuant to regulations.
• Par 2 – Updated form to reflect new VA law Bill Text: VA HB2671 | 2025 | Regular Session | Chaptered | LegiScan on mandatory minimum requirements for septic inspections.
  • Combined “Alternative” and “Conventional” septic system types.
  • Clarified that septic inspections include: (i) an inspection of all readily accessible and openable components of septic system; (ii) pumping of Septic System; and (iii) excavation as deemed necessary by septic inspector.
• Practice Tip #1: Remember, the party ordering the septic inspection is responsible for damage to property caused by inspection and reasonable restoration.
• Practice Tip #2: Under the new Virginia law, the septic inspector has TEN (10) BUSINESS DAYS to provide the inspection report. Be mindful of the dates in your contingency timelines!
• Practice Tip #3: Listing Agents – Be sure your sellers order their operating permits from the Virginia Department of Health at time of listing if possible. Obtaining these permits may take longer than you expect! 

K1354 – VRLTA – LEASE

• Included copyright language at the top of page to emphasize proper usage of form.
• Par 1 – Rent:
  • New option to clarify that Pet Rent is included as part of rent.
  • Changed language of fee disclosure statement to mirror new Virginia law.
  • New row in chart for pre-paid rent.
  • Added due date options to deposit and pet fee rows.
  • Separated one-time fees vs. recurring fees for clarity.
  • Practice Tip: One-time fees = move-in fees, etc. Recurring fees = landscaping, HOA dues, etc.
• Par 4 – Notice – Added Tenant emergency contact.
• Par 15 – Tenant Maintenance AND Obligations
  • Relocated hold harmless/waiver of liability language to top of this paragraph because they were used redundantly in subsections E and J.
  • Subsection C – filter change requirements changed from at least every two months to “in accordance with manufacturer” specs to allow for flexibility.
  • Subsection N – removed obligation for tenant to provide key/codes to landlord because this is already covered by Par 16(E)
• Par 17 – Move-Out Inspection 
  • Clarified that move-out duties are in addition to Par 15 -Tenant Obligation
  • Subsection A – Changed “if any” to “if applicable”.
• Par 18 – Insurance Requirements
  • New requirement for tenant to add the landlord or property manager as an additional interest (NOT additional insured) so that they are notified in case of insurance policy change or lapse.
  • Clarified that the landlord is permitted to obtain insurance policy if tenant’s insurance lapses during lease term.
• Par 40 – Attachments – Moved to bottom to mirror Residential Sales Contract
• Par 43 – Number of Properties
  • New paragraph to remind parties of rights and obligations in the event this is a landlord with more than four homes because the VRLTA has certain extra tenant protections and landlord duties in this event.
  • For example, there is a new law starting July 1, 2025 requiring landlords with more than four homes to provide tenants with written notice of nonrenewal.
  • Practice Tip: Always ask your landlords how many properties they are renting at one time in Virginia. This may impact rental application screening too! 

K1348 – PET ADDENDUM

• Par 1 – Removed the clause regarding full grown weight of the pet. Substituted with optional new provision regarding weight restriction rules of landlord or association.
• Par 4 – New paragraph 4 to identify amount of pet rent due and clarify that pet rent will cease if pet no longer resides in property. 

K1008 – RENTAL APPLICATION

• Offer to Rent – Clarified the property reference line should include the full address.
• Chart on second page – Clarified Total Monthly Gross Income & added options for Supervisor/HR contact. Removed location of previous company. Added full address for consistency.
• Removed Income & Liabilities Worksheet as it is redundant. The same information is covered by the credit report.
• Other Occupants – Removed the column for sex of the occupants (Fair Housing – subject to a few exceptions, sex cannot be used as a basis to accept or reject an applicant).
• Removed tenant’s smoking request because the provision is rarely used.
• Additional Information – Added name and color of animal(s) to mirror Pet Addendum.
• Moved “Emergency Contacts” to earlier in the application.

NEW FORM – K1405 – VA LOAN ASSUMPTION ADDENDUM

• This new form serves as a formal mechanism to transfer an existing VA loan from a seller to a buyer, outlining the terms and conditions of the loan transfer and ensuring all parties understand their rights and obligations.
• This form is not intended to be used with a VA Financing Contingency, and does create its own contingencies.
• Practice Tip: Loan assumptions can take longer than you expect. Be mindful of the timelines in your contingencies! 

NEW – CREATION OF CLAUSES LIBRARY IN FORMS TRANSACTION PLATFORMS

• NOTE: Current formatting is for ease of reading. Clauses will be added to forms platforms as per their individual clause library mechanisms.
• Introduces five commonly-used clauses for use with sales and leasing transactions.
• Users may copy and paste which subsections apply into addendums or emails.
• Italicized language is for guidance ONLY and should not be included.
• All provisions from K1344 – Contingencies and Clauses Addendum will be included in clauses library.
• The first round of clauses includes the following:
  • Early Termination of Lease – Tenant Request. For use with K1384 – Lease Addendum, when tenants request to vacate early after the start of the lease term. Agents can choose which portions of this clause apply, but the template includes options for adding showing instructions and an early termination fee.
  • Early Termination of Lease – Landlord Request. For use with K1384 – Lease Addendum, when landlord requests the tenant leave early after the start of the lease term.
  • Extension of Settlement Date – For use with K1117 – Sales Addendum, if parties to a sales contract wish to extend the settlement date. Agents can choose which subsections of this clause apply, i.e., removal of contingencies, offering a seller credit, etc. Practice Tip: No fee for the extension? No problem! You don’t need to use subclause (c).
  • Extension of Contingency Deadline – For use with K1117 – Sales Addendum, if parties to a sales contract wish to change or extend any contingency deadline.Practice Tip: Remember that changing certain deadlines, such as the home inspection contingency deadline, impacts when the negotiation period or election period goes into effect.
  • Withdrawal of Offer – For use after submission of an offer, but before ratification, if the buyer wishes to rescind their offer. This can also be edited for use by sellers or for any counteroffer! Practice Tip: Don’t use this in an addendum, because the contract has not been ratified. Emails would be a great fit for this clause! 

• K1339 – VA Financing Contingency – Removed references to assumptions due to new VA Loan Assumption Addendum.
• K1384 – Lease Addendum – Updated “ratified on” to “dated” to mirror Sales Addendum.
• K1385 – Optional Listing Information Sheet – Removed trash compactor in accordance with past forms updates.
• K1393 – Optional Buyer Offer Cover Sheet – Added option for VA Assumption in financing information due to new form.