What Are the Virginia Home Seller Disclosure Requirements?

Updated November 11, 2026

This guide covers what Virginia sellers must disclose, what they do not have to disclose, and the forms involved. For local market context, see our Northern Virginia real estate guide.

Is Virginia a buyer-beware state?

Yes. Virginia follows caveat emptor, or buyer beware. Sellers do not fill out a report listing every defect.

That does not allow lying. A false answer to a buyer's question, or hiding a defect, can support a fraud claim.

Listing agents have their own duty. Under § 54.1-2131, an agent must disclose known material defects in the home's physical condition.

What is the Residential Property Disclosure Statement?

It is a short form from the Virginia Real Estate Board. The owner states that they make no representations on a list of topics. The buyer is told to investigate those topics.

You must deliver it before the contract is ratified. Download the current version from the DPOR disclosure forms page.

What does the Virginia disclosure form cover?

The current form lists 19 numbered items. For each one, the owner makes no representation and the buyer is told to check it.

Items on the Virginia Residential Property Disclosure Statement (revised 2026)

Item 10 covers special flood hazard areas. It tells the buyer to get a flood certification, check FEMA and state flood maps, and find out whether flood insurance is required.

A 20th topic starts January 1, 2027. It covers land use tax programs and the roll-back taxes that can follow a change in use.

What must you disclose if you know about it?

Virginia requires a separate written disclosure for each of these situations.

Specific Virginia seller disclosures

The military zone disclosure applies even if you never noticed the noise. The others apply when you actually know the fact.

When do you need a lead paint disclosure?

If the home was built before 1978, federal law applies. That is true even in sales that are exempt from the state form.

• Give the buyer the EPA lead pamphlet.
• Share any known lead paint information and reports.
• Include the Lead Warning Statement in the contract.
• Give the buyer 10 days to test, unless both sides agree in writing to change or waive it.
• Keep the signed forms for 3 years.

You do not have to test for lead or remove it. The rules are in 40 CFR Part 745.

What does the Virginia Resale Disclosure Act require?

HOA and condo sellers must give the buyer a resale certificate. It is the association's package of rules, finances, fees and any violations for the property. The seller orders it and gives it to the buyer.

The association has 14 days after a written request to deliver it. Fees are capped at $176.64 for an electronic copy and $211.96 for paper.

The buyer can cancel within 3 days after the later of ratification or delivery, unless the contract sets a different period. The rule is in § 55.1-2312.

Order the certificate before you list. That keeps the buyer's review from delaying closing.

When are the disclosures due?

If the statement arrives after ratification, the buyer can cancel. The window is 3 days after hand or electronic delivery, or 5 days after the postmark if mailed.

That right ends at settlement, occupancy, a written waiver or a loan application that says the right ends. The rules are in § 55.1-709.

Do you have to disclose a death in a house in Virginia?

No. Virginia law protects sellers who stay silent about a death in the home.

Under § 55.1-713, you are not liable for failing to disclose that the home was the site of a death, homicide, suicide or felony. The same applies to events that did not affect the physical property.

This protects silence only. If a buyer asks, answer honestly. If an event damaged the home, that damage is a condition issue.

Which sales are exempt from the state form?

• Court-ordered sales, foreclosures and bankruptcy sales
• Sales by executors, trustees and other fiduciaries
• Sales between co-owners
• Transfers to a spouse or to children, grandchildren or parents
• Transfers in a divorce
• The first sale of a newly built home

Federal lead paint rules still apply to exempt sales of homes built before 1978. Builders also have their own duty to disclose known code violations.

Frequently asked questions

Related guides

Sources: Virginia Residential Property Disclosure Act, Code of Virginia §§ 55.1-700 through 55.1-714; Virginia Resale Disclosure Act, §§ 55.1-2307 through 55.1-2317; § 54.1-2131; § 32.1-164.1:1; DPOR Residential Property Disclosure Statement (rev. 9/2026); Common Interest Community Board maximum fees; 40 CFR Part 745, Subpart F. All read November 10, 2026.

This guide is general information, not legal advice. Ask a Virginia real estate attorney about your specific sale.