Keeping a Close Eye On the Master Plan

Whether home buyers even know that they can or should look at land-use plans is a big question.

"A good real estate agent is going to say that you might want to check the county plans," said Mary Beth Coya, vice president of public and government affairs for the Northern Virginia Association of Realtors. "You want a buyer that's well informed. So if the property is in an area where there are roads behind it or open space, they'd want to make sure" there's a strong likelihood it will stay that way.

In many areas, buyers can't count on sellers to tell them what's in store. Around the region, the rules on what sellers have to tell buyers differ greatly.

Virginia is a buyer-beware state when it comes to most disclosure information from sellers. Sellers can fill out a disclosure form revealing the condition of the house or the property, but they can also sign a disclaimer, saying they make no representation or warranties. And most Virginia sellers disclaim, say local real estate agents.

Virginia also has no legal requirement that sellers tell buyers about the existence of master plans or about planned public facilities or other development.

The District version of the regional home sales contract also does not alert home buyers to the local land-use plan, but "it does very specifically talk about how . . . the purchaser and seller are advised to seek professional advice on legal and tax matters and the condition of the property," said Elizabeth Blakeslee, president of the Washington, D.C. Association of Realtors.

The District also requires that sellers disclose any current zoning violations or non-conforming uses -- for example, if a garage was built before zoning regulations and was grandfathered in to current zoning.

Blakeslee said her association also has "a code of ethics requirement" for members "to keep up with the changes in zoning and to the best of our ability" to inform buyers.

Because so much of the District already has been built out, the potential for "abuses" by sellers over development plans is not high, said Constance W. Maffin, chairman of the D.C. Board of Real Estate and a longtime agent with Coldwell Banker Residential in Georgetown.

"We are not hearing a lot of complaints," Maffin said. Problems more often happen because new buyers try to set up home businesses, such as beauty shops, that are not allowed under existing zoning. "I feel sorry for people sometimes. . . . The [agent] does have some responsibility to say, 'Are you aware that you can't set up a business here?' but the buyer has a responsibility to check, too."

But the law and sales contract in Montgomery, Howard and Prince George's counties require that sellers tell buyers about their right to look at master plans and give them the opportunity to check before they buy.

The Montgomery County addendum to the regional sales contract says sellers of new or existing homes in all jurisdictions except the city of Rockville must give buyers the chance to examine the applicable county master plan, any municipal land-use plan and any maps and adopted amendments before they sign a contract. Buyers must sign a form saying that they have been offered that opportunity but can waive the right.