What does a seller have to disclose when selling a house in Virginia?

Virginia is a largely buyer-beware state, but that doesn’t mean sellers can stay silent about everything. The Residential Property Disclosure Act sets a short list of things a seller must disclose, and a longer list where the seller states they make no representations.

This is general information, not legal advice. For your own situation, talk to a Virginia real estate attorney.

What does the Virginia disclosure statement actually say?

For most items, it says the owner makes no representations. Section 55.1-703 of the Virginia Code is titled “Required disclosures for buyer to beware; buyer to exercise necessary due diligence,” and its numbered items mostly state that the owner “makes no representations” on various matters and advise buyers to do their own inspections.

The Act covers transfers of residential property with one to four dwelling units. Certain transfers are exempt, including foreclosures, court-ordered transfers and some family transfers.

In practice, the buyer’s inspection and the buyer’s own research carry most of the weight. Our post on what happens at a Virginia home inspection shows what that looks like.

What must a seller disclose if they know about it?

A handful of items are required when the owner has actual knowledge of them. According to the Act’s sections, they include:

• Pending building or zoning enforcement actions.
• A lis pendens filed against the home.
• Past use of the property to manufacture methamphetamine, if it hasn’t been cleaned up under applicable guidelines.
• A privately owned stormwater management facility, along with its maintenance and inspection requirements.
• That the home is a repetitive risk loss structure.

Properties near a military air installation have their own mandatory disclosure about noise and accident potential zones.

The statute also provides a flood risk information form. The Act’s list of disclosure items is scheduled to change on January 1, 2027, when a new item on land-use plans and use-value taxation is added to § 55.1-703. Check the current text or ask your attorney before you list.

When do disclosures have to be delivered?

Before the buyer’s contract is ratified. Section 55.1-709 says the owner must provide the required disclosures prior to ratification or be subject to the buyer’s right to terminate.

If they arrive late, the buyer’s sole remedy is to terminate, and that right ends at the earliest of several points: three days after delivery, settlement, the buyer’s occupancy, or a written waiver. A proper termination is without penalty and the deposit is returned.

Practically, that means the disclosure statement belongs in the first stack of paper a buyer sees, not at the end of the process.

What if something changes or I don’t know?

Owners are protected for errors they didn’t know about. The Act shields owners from liability for an incorrect statement that was not within their actual knowledge, with an exception for the military air installation disclosure.

If circumstances change after you deliver the statement, material changes have to be disclosed by settlement.

I’d keep one rule of thumb separate from the statute, as my own advice: don’t hide a known problem. A concealed defect can create far more trouble than a disclosed one, and the Act lets a buyer sue for actual damages in some cases.

What should I do before I list?

Collect your paperwork, make a list of everything you know about the house, and walk it with your agent. Repairs done properly, with receipts, help you.

Our post on which repairs to make before listing covers what to fix first.

What should I do next?

If you’re getting ready to sell, talk with us about listing and go through what to gather before the statement goes out. For legal questions, check with a Virginia real estate attorney, and you can reach our Glen Allen office or read about Daniel Keeton.

Sources: Virginia Residential Property Disclosure Act, Va. Code Title 55.1, Chapter 7, as published by the Virginia Legislative Information System, October 2026. General information only.