Do You Have to Disclose Problems When Selling a House in Virginia?

Short answer: Mostly no, with some important exceptions. Virginia is a "buyer beware" state. When you sell a home in Virginia, you have to give the buyer the state's Residential Property Disclosure Statement before the contract is ratified, and that form says you make no promises about the home's condition. You still have to disclose a short list of specific things if you know about them, like pending building code or zoning violations. And nothing in the law lets you lie about a problem or hide one.

I'm Christine Case, a REALTOR® with NextHome Advantage in Midlothian, Virginia, helping sellers in Chesterfield County and Metro Richmond get their homes ready to sell without surprises.

Sellers ask me this one early, and it usually comes with a specific worry attached. An old water stain in the basement. A roof that's older than they'd like. A project finished years ago without a permit. Below is how Virginia's disclosure law actually works, where sellers get tripped up, and the plan I walk my sellers through before we list.

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

Virginia's rules come from the Virginia Residential Property Disclosure Act, which starts at section 55.1-700 of the Code of Virginia. It covers most sales of homes with one to four units.

The law requires the owner to give the buyer a disclosure statement on a form the Virginia Real Estate Board publishes. That form does something that surprises people moving here from other states. Instead of a long checklist about the roof, the plumbing and past repairs, it tells the buyer that the owner "makes no representations or warranties as to the condition of the real property." Then it tells the buyer to do whatever homework they think they need: inspections, surveys, checking flood zones, septic systems, and lot lines.

So in Virginia, the job of finding problems is mostly the buyer's. That's why the home inspection carries so much weight here. If you're curious what that looks like from the buyer's side, I wrote about what really happens during a home inspection in Virginia.

Buyer beware has limits. The same law names specific things an owner has to put in writing for the buyer, on the Real Estate Board's forms, when they apply:

• Pending building code or zoning violations. If your county or city has notified you in writing about a building code enforcement action or a zoning violation you haven't fixed, you have to disclose it (section 55.1-706). In Chesterfield or Henrico, that notice would come from the county.
• Past methamphetamine manufacturing. If you know the home was used to make meth and it hasn't been cleaned up to state guidelines, you have to disclose it (section 55.1-708).
• Repeated flood insurance claims. If you know the home has had two or more flood insurance claims over $1,000 paid by the National Flood Insurance Program within any 10-year period, you have to disclose it (section 55.1-708.2).
• Military air installation zones. In localities that have a military air base, owners have to disclose whether the home sits in a designated noise zone or accident potential zone (section 55.1-704).

There are a few more narrow ones, and the law gets updated. The current forms live on the Virginia Department of Professional and Occupational Regulation website, and that's where I check before every listing.

No. "As is" is a contract term. It tells the buyer you don't plan to make repairs. It doesn't take you out of the disclosure law.

The law does exempt some sales, including foreclosures, court-ordered sales, most transfers between co-owners, spouses or close family members, many sales by an executor or trustee settling an estate or trust, and the first sale of a brand-new home (builders have their own disclosure rules). A regular sale by a homeowner, with or without an agent, is covered.

No, and this is where sellers get into real trouble.

The disclosure law protects you from mistakes about things you didn't know. Section 55.1-710 says an owner isn't liable for an error or omission that wasn't within the owner's actual knowledge. It doesn't protect you for covering up something you did know. Painting over a water stain right before listing, or giving a false answer when a buyer asks you directly about the roof, can open you up to a fraud claim after closing. Buyer beware means you don't have to volunteer a list of defects. It doesn't mean you can mislead anyone.

One more rule people miss: if something you disclosed changes before closing, the law says you have to tell the buyer about any material change by settlement (section 55.1-711).

Before the purchase contract is ratified. If it arrives late, the buyer gets a way out. Under section 55.1-709, a buyer who gets the disclosure after ratification can cancel within three days of in-person or electronic delivery, or within five days of the postmark if it was mailed. Their deposit comes back to them. That right ends at settlement, when they move in, when they apply for their mortgage, or when they sign a waiver.

That's an easy exit to hand a buyer by accident. I have my sellers sign the disclosure before the listing goes live, so it's ready for every buyer who writes an offer.

Because the buyer's inspector is going to find it anyway. The only question is whether you find out first, while you still have choices, or in the middle of a contract, when you don't.

I've been the calm person in the room when an inspection surprise nearly ended a deal. Usually the problem itself wasn't the deal killer. The surprise was. When you know first, you can fix it, price the home with it in mind, or plan a credit, and your agent can set expectations before a buyer ever falls in love with the house. I wrote a whole post on why a pre-listing inspection helps Virginia sellers.

One thing to know going in: once a report tells you about a problem, you know about it. Ask a real estate attorney how to handle anything serious it turns up.

1. Reading "buyer beware" as "say nothing, no matter what." You don't have to fill out a defect checklist, but a vague or false answer to a direct question is a different thing.
2. Covering a problem up before listing. Fresh paint over a ceiling stain looks like hiding something, because it is. Inspectors check under and around fresh paint.
3. Getting the form to the buyer late. That hands the buyer a no-penalty way out of the contract.
4. Forgetting about county notices and open permits. An old violation letter in a kitchen drawer still counts if it was never resolved.
5. Assuming "as is" means no paperwork. It doesn't.

Here's the order I walk sellers through in Chesterfield County and around Metro Richmond:

1. Gather your paperwork. Repair receipts, warranties, permits, any letters from the county, and your HOA documents if you have an HOA.
2. Check for open permits. Call or check with your county's building permit office. Work that was started under a permit and never finaled can come up during the sale.
3. Consider a pre-listing inspection. It usually costs a few hundred dollars and it tells you what a buyer's inspector will see.
4. Decide what to do with what you find. Fix it, price for it, or plan to offer a credit. My post on whether to renovate before selling helps with that call.
5. Sign the disclosure before the listing goes live.
6. Answer buyer questions truthfully and in writing.
7. Call a Virginia real estate attorney for anything that feels like a gray area.

Is Virginia a buyer beware state?

Yes. Virginia's Residential Property Disclosure Act has sellers give buyers a statement saying the owner makes no representations about the home's condition, and it puts the job of inspecting on the buyer. Sellers still have to disclose certain specific items, like pending building code or zoning violations.

Do I have to tell buyers my basement leaked in the past?

Virginia's standard form doesn't ask you to list past repairs or defects. You can't hide the problem or give a false answer if a buyer asks about it, though. If you're unsure how to handle a specific issue, ask a Virginia real estate attorney before you list.

When does a Virginia seller have to give the disclosure statement?

Before the purchase contract is ratified. If the buyer gets it after ratification, they can cancel within three days of in-person or electronic delivery, or five days after the postmark if mailed, and get their deposit back.

Do I need a disclosure if I sell my house as is?

Yes. Selling as is means you won't make repairs. It doesn't exempt you from Virginia's disclosure law.

Do I need a disclosure if I sell without a REALTOR®?

Yes. The law puts the duty on the owner, whether or not an agent is involved.

Do I need a disclosure when selling an inherited house as the executor?

Often not. The law exempts many transfers by a fiduciary, like an executor or trustee, in the course of settling an estate or trust. Confirm your situation with the estate's attorney.

If you're planning to sell in the next year, send me your address and your biggest worry about the house. I'll tell you what I'd check first and walk you through the disclosure form before a buyer ever sees it. Call or text me at (804) 381-1628.

About the author: Christine Case is a REALTOR® with NextHome Advantage in Midlothian, Virginia, helping sellers in Chesterfield County and Metro Richmond get their homes ready to sell without surprises. She grew up in Midlothian and has lived and worked in the area most of her life.

Sources: Code of Virginia, Title 55.1, Chapter 7, sections 55.1-700 through 55.1-714 (law.lis.virginia.gov); Residential Property Disclosure forms, Virginia DPOR. Checked September 2026.

Thinking about selling and want a straight answer on your own house? I'm Christine Case, a REALTOR® with NextHome Advantage, and I would rather help you understand your options than rush you into anything. Start with what living in Midlothian is really like, browse more straight answers on the blog, or send me your question and I'll answer it myself.