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Home > Rule Changes > amendments to Paragraph 13 that conform to Chapter 27.2 of title 55 of the Code of Virginia.

Adopted | amendments to Paragraph 13 that conform to Chapter 27.2 of title 55 of the Code of Virginia. Approved by the Supreme Court of Virginia. Effective June 15, 2018

Effective June 15, 2018, the Supreme Court of Virginia has adopted amendments to Part 6, Section IV, Paragraph 13 that conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents). The amendments were approved by the Supreme Court of Virginia on April 16, 2018.

view the Supreme Court of Virginina order (PDF file)


Notes

At its meeting on February 24, 2018, the VSB Council unanimously approved amendments to Part 6, Section IV, Paragraph 13 that conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents). The proposed changes will be sent to the Supreme Court of Virginia for its consideration. View the Virginia State Bar's petition to the Supreme Court of Virginia.

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On November 8, 2017, the Committee on Lawyer Discipline (COLD) approved the proposed amendments to Part 6, Section IV, Paragraph 13 that conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents).

 

Additions are underlined.  Strikethroughs indicate deletions.

 

13-1 DEFINITIONS

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“CRESPA” - See “RESA”  means the Virginia Consumer Real Estate Settlement Protection Act, Va. Code, Title 6.1, Chapter 1.3, and any regulations promulgated thereunder.

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“Disciplinary Record” means any tangible or electronic record of:

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3.         Any proceeding in which the Respondent has been found guilty of a violation of RESACRESPA; and

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“Misconduct” means any:

5.         Violation of RESACRESPA or any regulations adopted pursuant thereto.

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“RESA” means Chapter 27.2 of Title 55 of the Code of Virginia entitled “Real Estate Settlement Agents” (formerly Consumer Real Estate Settlement Protection Act or “CRESPA”).

“Respondent” means any Attorney:

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2.         Who is the subject of any proceeding under this Paragraph, Va. Code §§ 54.1-3900.01, 54.1-3935, 54.1-3936, or RESACRESPA; or

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13-6     DISCIPLINARY BOARD

            F.         Jurisdiction.  The Board shall have jurisdiction to consider:  ...  (8) Violations of RESACRESPA or any regulations adopted pursuant thereto;

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13-9     CLERK OF THE DISCIPLINARY SYSTEM

A.        Current Dockets.  The Clerk of the Disciplinary System shall maintain a docket of current Attorney discipline and RESACRESPA matters pending before the District Committees, the Board or courts of this Commonwealth.

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C.        File Destruction.  Whenever a File is destroyed, the following information shall be preserved:

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Such summary information shall be retained for at least five years whenever the Complaint or allegation of Misconduct is dismissed with no Disciplinary Record having been created, and for at least ten years whenever a Disciplinary Record has been created, an Impairment determined, a Reinstatement Proceeding held or a finding of Misconduct involving a RESACRESPA violation is made.

D.        Preservation of Determinations and Orders.  The Clerk of the Disciplinary System shall preserve a copy of all District Committee Determinations and Board or court orders in which an Attorney has been found to have engaged in Misconduct, to be impaired, to have committed a violation of RESACRESPA or requested Reinstatement.

E.         Costs.  The Clerk of the Disciplinary System shall assess Costs against the Respondent in the following cases:

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6.         All cases before the Board in which sanctions were imposed for violations of RESACRESPA and/or the Bar’s RESACRESPA regulations.

 

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Updated: April 16, 2018