What a Virginia home seller has to disclose
Virginia is a buyer-beware state, but that doesn't mean you can say nothing. Here's what the Residential Property Disclosure Act asks of you, and when.
No obligation. No pressure. Takes about 2 minutes.
The short answer
Under Virginia's Residential Property Disclosure Act, the Real Estate Board publishes a buyer-beware disclosure statement, and you must let the buyer know about it before the contract is ratified. That statement says you make no representations about the home's condition and tells the buyer to do their own checking. On top of it, Virginia requires specific written disclosures when they apply, such as building or zoning violations the locality has notified you of, a lis pendens you know about, a past meth lab that wasn't cleaned up, military air installation noise zones and repeated flood insurance claims.
Step by step
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1
Check that the Act covers your sale
It covers sales of homes with one to four dwelling units, whether or not a real estate broker is involved. Some transfers are exempt, including court-ordered sales, foreclosures, transfers by an executor or trustee administering an estate or trust, transfers between co-owners, transfers to a spouse or direct-line relatives such as children, parents or grandchildren, and transfers in a divorce. The disclosures for building or zoning violations, a lis pendens and past meth manufacture apply even to exempt transfers.
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2
Point the buyer to the buyer-beware statement before ratification
The statement is on the Real Estate Board's website. It tells buyers you make no representations about the condition of the house, lot lines, neighboring parcels, historic districts, flood zones, septic or other wastewater systems, radon, lead plumbing, defective drywall and more, and advises them to get a home inspection, a mold assessment and a survey. The parties sign a Board form confirming the buyer was advised of it.
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3
Add the specific written disclosures that apply
On the Board's forms, disclose in writing: pending building code enforcement or zoning violations the locality has notified you of in writing; a lis pendens you know was filed against the home; meth manufacture you know about that wasn't cleaned up to state guidelines; a privately owned stormwater facility you know of and its maintenance requirements; whether you know the home is a repetitive flood-loss structure (two or more National Flood Insurance Program claims over $1,000 paid in any rolling 10-year period since 1978); and, in a locality with a military air installation, any designated noise or accident potential zone. If your septic operating permit was granted under a treatment waiver, you must also disclose that the permit becomes void at sale.
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4
Deliver on time, or the buyer can back out
If the disclosures reach the buyer after ratification, the buyer can terminate the contract without penalty and get the deposit back. That right ends at the earliest of three days after in-person or electronic delivery, five days after the postmark if mailed, settlement, the buyer moving in, a mortgage application that says the right ends on applying, or a separate written waiver.
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5
Update the buyer if something changes
If something you disclosed changes, you must disclose any material change at or before settlement. If you don't know an answer, you can say so or give a reasonable estimate that's clearly labeled as one. Starting January 1, 2027, the statement also covers possible roll-back taxes on land that has been taxed based on its use.
Sources: Code of Virginia § 55.1-701 (applicability) · Code of Virginia § 55.1-702 (exemptions) · Code of Virginia § 55.1-703 (buyer-beware disclosure statement) · Code of Virginia § 55.1-704 (military air installation) · Code of Virginia § 55.1-706 (building or zoning violations) · Code of Virginia § 55.1-706.1 (lis pendens) · Code of Virginia § 55.1-708 (methamphetamine) · Code of Virginia § 55.1-708.1 (stormwater facilities) · Code of Virginia § 55.1-708.2 (repetitive flood loss) · Code of Virginia § 55.1-709 (timing and termination) · Code of Virginia § 55.1-711 (change in circumstances) · Code of Virginia § 55.1-713 (actions and remedies) · Code of Virginia § 55.1-714 (Board acknowledgment form) · Code of Virginia § 32.1-164.1:1 (septic waiver disclosure) · Virginia DPOR: Residential Property Disclosure Statement
This page summarizes the Code of Virginia as read on September 29, 2026. It isn't legal advice. Talk to a Virginia real estate attorney about your own sale before you sign disclosure forms.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
Once the paperwork is clear, we'll set the cash offer beside what listing could net in Virginia, so you're weighing real numbers.
Frequently asked questions
Do I have to tell a buyer about a death or crime in the house?
Virginia law says no claim arises against a seller for not disclosing that the home was the site of a homicide, felony or suicide, or of an event that had no effect on the physical property. That's separate from misrepresenting the home's condition, which the law doesn't protect.
What happens if I miss a required disclosure?
The buyer can terminate the contract within the time limits in § 55.1-709. If you fail to make a required disclosure or misrepresent it, the buyer can also sue for actual damages, generally within one year of receiving the disclosures, or within one year of settlement if they were never delivered.
Does selling to a cash buyer change any of this?
No. The Act applies to sales of one-to-four-unit homes whether or not a broker is involved, and paying cash isn't one of the exemptions listed in § 55.1-702.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.