Seller Disclosure Requirements
in Virginia

Ultimately, the Commonwealth's legal framework for real estate transactions is anchored in the doctrine of caveat emptor, or "let the buyer beware." This principle places the burden of discovery squarely on the buyer's shoulders. However, this doesn't create a legal free-for-all for sellers. Virginia law carves out specific obligations, moving away from a pure buyer-beware model to a more structured disclosure process. The core of this process is the Virginia Residential Property Disclosure Statement, a standardized document from the Virginia Real Estate Board (VREB). While sellers aren't required to conduct their own inspection to complete it, they must provide this form to the buyer. This act of providing the property disclosure is a critical step; upon receipt, the buyer typically has a defined period to review the information and, if unsatisfied, rescind the contract without penalty. The essence of seller disclosure Virginia law is not about guaranteeing a perfect home, but about providing the buyer with the seller's actual knowledge to inform their due diligence.

Regarding the specifics of what must sellers disclose, the Virginia Residential Property Disclosure Statement acts as a comprehensive checklist. The virginia disclosure requirements mandate sellers to answer questions based on their "actual knowledge," a key legal term meaning what they genuinely know, not what they should have known or could have discovered with an investigation. The form covers a wide array of topics, from the condition of the foundation, roof, and HVAC systems to the presence of lead-based paint or defective drywall—a particularly sensitive issue in Virginia due to past construction material problems in areas like Northern Virginia. It also probes into matters like whether the property falls within a dam break inundation zone, is subject to a conservation easement, or has known mining activities beneath it. A seller who knowingly conceals a cracked heat exchanger or a persistent leak in the basement is directly violating these requirements and opening themselves to significant legal liability.

Given Virginia's diverse geography, from the coastal plains of the Tidewater region to the granite-rich Blue Ridge Mountains, certain climate and geography-specific disclosures are paramount. In Hampton Roads cities like Norfolk and Virginia Beach, disclosures related to flooding, storm surge, and compliance with the Chesapeake Bay Preservation Act are not just formalities; they are critical risk assessments. A seller with a property in a special flood hazard area must disclose this fact. Similarly, in many parts of the Shenandoah Valley and the western Piedmont, the potential for radon gas is a major concern, and sellers must disclose any known tests or mitigation systems. Termites are a pervasive threat across the humid Commonwealth, making the termite and moisture inspection (WDI report) a nearly universal part of the closing process and a key component of a thorough property disclosure.

Based on industry experience, litigating disclosure disputes, the consequences of failing to provide a truthful seller disclosure in Virginia can be severe. When a seller actively conceals a known material defect—a practice known as fraudulent concealment—the protective shield of caveat emptor shatters. I recall a case involving a beautifully renovated Arlington colonial where the seller cleverly used built-in shelving and fresh paint to hide extensive water damage and mold growth originating from a faulty roof flashing. The buyer discovered the issue months after closing when the wall began to crumble. This led to a lawsuit seeking not just the cost of repairs, but punitive damages for fraud. The court looks for evidence of "actual knowledge" and intent to deceive, distinguishing between a latent defect the seller truly didn't know about and one they knowingly hid from view. Answering "No" on the Virginia seller disclosure form when you know the truth is "Yes" is a direct path to the courthouse.

To proactively protect themselves, sellers should approach the Virginia seller disclosure form as an opportunity, not a chore. My strongest recommendation is to invest in a pre-listing home inspection from a reputable, ASHI-certified inspector. By obtaining a detailed report before listing, you can identify issues on your own terms. You can then either make the repairs and provide documentation, or you can disclose the issue and the inspector's report upfront, adjusting the price accordingly. This level of transparency builds immediate trust with potential buyers and drastically reduces the likelihood of post-closing legal battles. Honesty on the disclosure form, supplemented with professional reports and repair invoices, is the single best strategy for a smooth, legally sound transaction. It transforms the question from "What must sellers disclose?" to "How can I best present my property's full story?"

For the buyer, the disclosure statement is not the final word on the property's condition; it is the first chapter of your due diligence story. Treat the seller's answers as a starting point for your own investigation. If the seller discloses a "past plumbing issue, repaired," your job is to hire a licensed plumber to scope the lines and verify the quality of that repair. The Virginia disclosure requirements are designed to give you a roadmap of potential trouble spots. Use your inspection period, as defined in the Northern Virginia Association of Realtors (NVAR) or Virginia Realtors® (VAR) sales contract, to its fullest. This is your contractual right to bring in experts—structural engineers, roofers, HVAC technicians, and environmental specialists—to validate or challenge the information provided in the property disclosure and uncover any issues the seller may not have known about.