Virginia is a caveat emptor state, also known as a buyer-beware state. Home sellers aren't required by state law to fill out a seller disclosure form to share with potential buyers.[3]
However, Virginia has laws against fraud. It's in the seller's best interest to disclose significant issues with the property to protect against future lawsuits. Disclosing issues up front may also expedite the sale.
Federal disclosure requirements and any local disclosure requirements also apply.
In a traditional sale, your real estate agent typically guides you through the nuances of the disclosure process and helps you avoid risks. If you're selling without a realtor in Virginia, however, you're on your own. We recommend seeking the counsel of a real estate professional or attorney to ensure you follow the law.
Virginia real estate disclosure requirements
What sellers must disclose in Virginia
Virginia doesn't require sellers to fill out a disclosure form, but it's not a black-and-white situation. For instance:
- Sellers have to truthfully answer questions from potential buyers about their house.
- Sellers' real estate agents must disclose "material facts" about the house.
Consult a real estate professional or a real estate attorney to make sure you comply with the nuances of Virginia's laws and paperwork, particularly if you're selling for sale by owner and want to relieve some of the stress of selling.
🤔 How stressful is selling a home?
58% of sellers worry that a home inspection will reveal problems with their property. [4]
Federal real estate disclosures
The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to do the following for homes built before 1978:
- Give buyers the Environmental Protection Agency's Protect Your Family From Lead in Your Home pamphlet.
- Disclose lead-based paint or lead-based paint hazards.
- Provide records or reports of lead-based paint in the house, if applicable.
- Include a Lead Warning Statement confirming you complied with all notification requirements in the sales contract.
- Allow buyers a 10-day period to conduct a lead-based paint inspection or risk assessment.
The federal government requires no other specific real estate disclosures.
Local real estate disclosures
Check with your county or city government regarding local laws and seller disclosure requirements. Sometimes, you'll need to disclose local concerns like:
- Deaths that have occurred in the home
- Environmental hazards such as radon gas and asbestos
- Events that have stigmatized the property (violent crimes, suicide, reports of supernatural phenomena)
- History of methamphetamine production
- Homeowners Association (HOA) fees and rules
- Noise issues in the area
- Protected trees or other flora on your property
- Proximity to military facilities
- Proximity to power lines or wind farms
- Proximity to prisons and other detention facilities
- Proximity to sex offenders
⚡ Sellers of houses that need repairs or have complicating factors can sell quickly to a cash buyer. Clever Offers lets you compare competitive cash offers and alternatives quickly in one place. Request offers now!
FAQs about real estate disclosures in Virginia
Even though Virginia doesn't require a state-mandated property disclosure form, you still need the standard sale documents — deed, title paperwork, mortgage payoff statement, federal disclosures (lead-based paint disclosure for pre-1978 homes), and any HOA documents if applicable.
If you're selling for sale by owner, read Clever's full list of documents required to sell a house, which covers the selling process from pre-listing to closing.
If you're selling with a real estate agent, you'll generally use the same documents, but your agent will guide you through all the paperwork.
For what it's worth, 7% of for sale by owner sellers say the paperwork is the most difficult step in the process.[1]
No, Virginia doesn't have a state requirement to disclose flood risk to potential buyers.
But federal rules may still apply for properties in federally designated flood hazard zones, particularly those with federally backed mortgages.
Sellers can also still be held responsible for fraud or for knowingly hiding flood damage.
According to the National Resources Defense Council, millions of people live in homes that are at risk of flooding.[2]
Yes. Even in buyer-beware states like Virginia without a mandatory disclosure form, sellers can be held responsible for fraud or for knowingly hiding significant property defects.
A buyer who later discovers undisclosed material defects may have grounds to sue for damages, including repair costs and attorney fees.
We recommend consulting a real estate agent or real estate attorney to understand what you should disclose, even when state law doesn't require it.
The International Association of Certified Home Inspectors describes a material defect as "a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property or that poses an unreasonable risk to people."
A system or component near or at the end of its life cycle is not considered a material defect.
Generally, you're not required to get a home inspection before listing your home.
In Virginia, sellers aren't required by law to fill out a state disclosure form. But they can still be held responsible for fraud or for knowingly hiding significant defects. An inspection helps surface what a seller might otherwise miss and can reduce the risk of disputes after the sale.
An expert local real estate agent from Clever can also help you understand what you do and don't need to disclose.
Virginia doesn't have a state requirement to disclose asbestos on a seller disclosure form. But sellers can still be held responsible for fraud or for knowingly hiding asbestos-related defects, even in a buyer-beware state.
Federal disclosure law doesn't specifically require asbestos disclosure either. Local rules may also apply.
For more, see Clever's guide to selling a house with asbestos.
Why trust us
Data sources
Our Research Team reviews federal and Virginia real estate disclosure requirements once a year. We use trusted sources like federal and state governments, state and local realtor associations, and real estate professionals in our articles.
About Clever Real Estate
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Our team of industry-leading researchers is committed to making the home selling process more accessible by educating sellers through guides like this one. We've spent thousands of hours analyzing publicly available data, surveying consumers, and interviewing industry experts. The New York Times, Business Insider, Inman, Housing Wire, and many more publications have featured our research.
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