Seller disclosure in Virginia: the buyer-beware form

Is a disclosure form required by law?

Yes. The owner must furnish “a residential property disclosure statement for the buyer to beware” of matters that may affect the decision to buy, and the Real Estate Board posts that statement on its website (§ 55.1-703). The Virginia Department of Professional and Occupational Regulation (DPOR), which houses the Board, lists the current Residential Property Disclosure Statement as effective July 1, 2026, with an acknowledgement form and a flood risk information form (DPOR, as of October 2026).

The Act applies to sales, exchanges, installment land sales contracts and leases with an option to buy of residential property with one to four dwelling units, with or without a broker (§ 55.1-701).

What the form covers

The form is mostly a list of things the seller does not vouch for. The seller makes no representations or warranties about the condition of the property, recorded covenants or mineral rights, and tells buyers to do their own due diligence (§ 55.1-703). The statute lists the topics the form must cover, including:

• Lot lines, setbacks and zoning of the property and of neighboring parcels
• Historic districts and Chesapeake Bay resource protection areas
• Special flood hazard areas, dam break inundation zones and marine clays
• Wastewater (septic) systems, radon zones, defective drywall and lead plumbing
• Conservation easements and community development authorities
• Proximity to public airports and military ground installations

Buyers are told to get a home inspection, a mold assessment, a survey and a flood determination as the contract allows, “but in any event prior to settlement.” See what a home inspection costs, land survey costs and flood insurance.

A new item takes effect on January 1, 2027. The statute then adds a statement on use-value assessment and roll-back taxes, which can apply if land assessed on its use changes to a non-qualifying use (§ 55.1-703, version effective January 1, 2027).

Some facts the seller must state if known, on separate Board forms:

• A pending building-code enforcement action or an unresolved zoning violation, if the locality has given written notice (§ 55.1-706)
• Use of the home to manufacture methamphetamine that was never cleaned up to state guidelines (§ 55.1-708)
• Whether the lot is in a noise or accident potential zone near a military air installation (§ 55.1-704)

Exemptions

The Act does not apply to court-ordered transfers, foreclosure sales and deeds in lieu, transfers by fiduciaries of estates and trusts, transfers between co-owners, to relatives in the direct line or between spouses, tax-default transfers, and transfers to or from a government agency (§ 55.1-702). It also exempts the first sale of a new dwelling, but a builder must still disclose known material defects that would violate the building code (§ 55.1-702 B). In Planning District 15, builders and owners must also disclose known mining operations or abandoned mines, shafts or pits.

What happens if the seller does not disclose or discloses late

• Late delivery. The buyer may terminate, without penalty and with the deposit returned, but must give written notice by the earliest of: 3 days after in-person or electronic delivery, 5 days after mailing, settlement, occupancy, a written mortgage application that carries the termination warning, or a signed separate waiver (§ 55.1-709).
• No form or a misstatement. The buyer may sue for actual damages. The suit must start within one year of receiving the disclosures, or within one year of settlement if they were never delivered (§ 55.1-713).
• Good-faith errors. An owner is not liable for an error that was outside the owner’s actual knowledge, came from public agencies or other providers, or was reasonably believed correct, unless the owner was grossly negligent (§ 55.1-710).
• Changes before closing. The seller must disclose any material change at or before settlement (§ 55.1-711).
• What need not be disclosed. No claim arises from failure to disclose a homicide, felony or suicide at the property, or an event with no effect on the physical property (§ 55.1-713 A).

Nothing in the Act blocks a claim for intentional or willful misrepresentation (§ 55.1-713 C). Licensees must explain the parties’ rights under the Act (§ 55.1-712).

Federal lead-based paint rule (homes built before 1978)

Federal law adds a separate step for most homes built before 1978. Before the buyer signs, the seller and agent must give the EPA pamphlet Protect Your Family From Lead in Your Home, disclose known lead paint and hazards, hand over available reports, and include a Lead Warning Statement. Buyers get a 10-day period to test for lead paint, which they can shorten, lengthen by written agreement, or waive. Records must be kept for three years. Foreclosure sales and housing built after 1977 are exempt (EPA, as of October 2026).