Virginia Real Estate Disclosure Law, Explained

What “buyer beware” actually means here

Under Virginia’s Residential Property Disclosure Act, most sellers complete a disclosure form that generally states the seller makes no representations about the property’s condition beyond what the law specifically requires. That’s different from states requiring a full defect disclosure, and it’s exactly why a professional home inspection matters so much here: you generally cannot rely on the seller to volunteer problems they know about.

What sellers are required to disclose

Virginia law carves out specific mandatory disclosures regardless of the general disclaimer, including things like whether the property is served by a private well or sewage system, whether it sits in a designated special flood hazard area, known presence of defective drywall, and certain military air installation proximity notices. The exact list and requirements can be updated by the legislature, so I always confirm current requirements rather than work from memory alone.

What this means for buyers

Order a full home inspection, ask direct questions in writing during the due diligence period, and treat the seller’s disclosure form as a starting point rather than a guarantee. It’s also worth asking your agent to research permit history and prior listings for a property, since past issues sometimes surface there even when they don’t appear on the current disclosure form.

This is general information, not legal advice. Virginia disclosure requirements can change; confirm current specifics with a real estate attorney or your agent before relying on them.