August 4, 2009

Realtors could be hit with big fines if they break an old law not heavily enforced until recently. The law requires realtors to notify the Virginia Utility Protection Service or Miss Utility of any signs they want to post. Realtors then must wait until utility workers mark utility lines on the property before posting the sign.

Realtors say these signs are part of what it takes to market a home effectively. However, frustrations are beginning to mount as realtors have to wait longer to post those signs.

"A lot of times if you take a listing on Monday, you want to put a sign up on Monday afternoon or Tuesday. So for most realtors, it's going to be one more headache," said Jim Duncan of Nest Realty.

Per the law, realtors had to wait to post a sign on Becca Covert's property until the utility lines were marked.

"It seems silly to me, but I don't have any reason to know otherwise, but it sounds like somebody's spending time doing this when they could be spending time doing something else," Covert said.

Virginia's State Corporation Commission says it is not doing this to be silly, but to ensure safety. The law has been in place since 1979, but the commission says the sudden increase in enforcement is the result of a real estate sign hitting a gas line in 2008.

Realtors who do not comply could be hit with up to a $2,500 fine. Lawmakers are concerned.

"We just want to make sure that the regulations aren't too burdensome and put artificial constraints on people's abilities to do their jobs," said Del. David Toscano, D-58th District.

Regarding some realtors concerns that this is just a way for the state to make money in a recession, Toscano said, "The State Corporation Commission has very little to do with what kind of revenue is coming into the state and to the extent that they're imposing fines, it has nothing to do with revenue."

Toscano is hopeful that he can find middle ground for both realtors and the SCC.