What Must Home Sellers Disclose in Virginia?

Virginia sellers are required to disclose known material defects that affect the property's value or the buyer's decision to purchase. The state does not require sellers to investigate for problems, but if you know about a defect, you must disclose it.

What Virginia Law Requires Sellers to Disclose

Virginia follows a "seller disclosure" framework under the Virginia Residential Property Disclosure Act. The law requires sellers to provide a Residential Property Disclosure Statement to buyers before ratifying a contract. That statement covers known defects in the following areas:

• Structural systems: foundation, roof, walls, and load-bearing components

• Mechanical systems: HVAC, plumbing, and electrical

• Water and sewage: well condition, septic system status, history of flooding or drainage problems

• Environmental hazards: lead-based paint in homes built before 1978, known presence of asbestos, radon, or mold

• Boundary and legal issues: encroachments, easements, deed restrictions, or pending legal actions affecting the property

• HOA obligations: if the property sits in a homeowners association, buyers must receive HOA disclosures separately

In Richmond and across Central Virginia, properties with older construction, private wells, or septic systems tend to generate more disclosure questions. Sellers with those features should plan ahead.

What Sellers in Virginia Are NOT Required to Disclose

Virginia has a specific carve-out: sellers do not have to disclose that a property was the site of a homicide, felony, or suicide, or that a former occupant had HIV or AIDS. These are written exclusions under state law, not loopholes.

Sellers also are not required to disclose conditions they don't know about. Virginia does not impose a duty to inspect. That said, burying a known problem rarely works out. Buyers who discover undisclosed defects after closing have legal remedies, and litigation is far more costly than transparency.

What This Means For You

• Pull your records before listing. Service records, repair invoices, and inspection reports from when you bought the home are your best reference for what you know.

• Work through the disclosure form carefully with your agent. Vague answers create risk. Specific, accurate answers protect you.

• Federal law adds one more layer: sellers of homes built before 1978 must provide a lead-based paint disclosure and give buyers ten days to conduct a lead inspection. Find out what your home is worth →

• If you've made repairs to a known defect, disclose both the original problem and the fix.

The disclosure process moves faster and with fewer surprises when sellers treat it as documentation, not an obstacle. Our team walks sellers through the full form during our listing preparation process. Request a pricing and preparation review for your home.

Frequently Asked Questions

Does Virginia require sellers to fill out a full property condition report?

Virginia sellers must provide a Residential Property Disclosure Statement, but the standard form is largely a notice that buyers are purchasing the property in its current condition. Sellers are still legally required to disclose known material defects separately, and many buyers will also request a more detailed seller's disclosure addendum through the contract.

What happens if a seller fails to disclose a known defect in Virginia?

A buyer who discovers an undisclosed known defect after closing can sue for damages, rescission of the contract, or both. Courts look at whether the seller had actual knowledge of the condition. Intentional concealment carries more risk than an honest omission, but either can result in legal liability.

Do I have to disclose past water damage that was repaired?

Yes. If you knew the property had water intrusion or flooding, you must disclose that history even if the damage was repaired. Buyers are entitled to know about past conditions that could indicate ongoing risk, and a completed repair does not erase the disclosure obligation.