Virginia Seller Disclosure Requirements | Va. Code §55.1-700 Guide

Key Information

Virginia's Residential Property Disclosure Act (Va. Code §55.1-700 et seq.) follows a unique buyer-beware framework: sellers deliver a one-page statutory disclosure statement acknowledging the buyer's duty to inspect — rather than itemizing property conditions as in most states. The seller certifies they are making no representations about property condition, and the buyer accepts the property in its present condition. However, separate duties to disclose known material defects exist under common law fraud and the Virginia Consumer Protection Act (Va. Code §59.1-196 et seq.). Virginia also requires specific disclosures for military air installation zones, dam breaks, stormwater, and defective drywall under Va. Code §55.1-702 through §55.1-707. BuildMyListing helps Virginia agents document the disclosure process and produce a compliant listing package.

Pricing: Starting $99/month

Time Required: Complete disclosure documentation in one workflow

The Problem

Virginia's disclosure law confuses many out-of-state agents: the statutory form tells the buyer to inspect for themselves rather than cataloging property conditions. But Virginia sellers still face liability for known material defect concealment under common law and the Virginia Consumer Protection Act — so the buyer-beware form is not a liability shield.

The Solution

BuildMyListing helps Virginia listing agents document the statutory disclosure delivery, flag the supplemental addendums required for military air installation zones, dam break inundation areas, stormwater facilities, and defective drywall, and generate a complete listing package — photos, MLS description, and compliance record — in one workflow.

Key Features

Statutory Disclosure Statement Documentation

Virginia's Residential Property Disclosure Act (Va. Code §55.1-700 et seq.) requires sellers to provide the standard disclosure statement published by the Virginia Real Estate Board. BuildMyListing documents when and how this form was delivered — creating a timestamped record for the broker file.

Benefit: Delivery documentation for the §55.1-700 statutory form

Supplemental Addendum Flagging

Virginia law requires additional disclosures depending on property location: military air installation zone disclosure (Va. Code §55.1-702), dam break inundation area disclosure (Va. Code §55.1-703), stormwater detention facility disclosure (Va. Code §55.1-704), and defective drywall disclosure (Va. Code §55.1-707). BuildMyListing prompts for each applicable addendum based on property location and characteristics.

Benefit: Location-specific addendum checklist — Virginia's most commonly missed disclosures

Common Law Defect Documentation

While the statutory form follows buyer-beware, Virginia sellers remain liable under common law fraud and the Virginia Consumer Protection Act (Va. Code §59.1-196) for concealing known material defects. BuildMyListing helps agents document known condition issues disclosed by the seller — creating a paper trail that distinguishes disclosed-and-known from unknown at the time of sale.

Benefit: Protection from post-closing concealment claims under Virginia consumer protection law

Federal Lead Paint Addendum

For Virginia properties built before 1978, the federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies independently of Virginia's buyer-beware framework. BuildMyListing flags pre-1978 construction and includes the lead paint checklist — disclosure form, EPA pamphlet, and 10-day inspection right.

Benefit: Federal overlay documented for Virginia's large Northern Virginia and Richmond pre-1978 housing stock

How It Works

Enter Property Details and Location

Input property address, construction year, and location characteristics. BuildMyListing checks for military air installation zone proximity, dam break inundation area, stormwater facility, and defective drywall risk — flagging which supplemental addendums apply under Va. Code §55.1-702 through §55.1-707.

Document Disclosure Delivery and Known Conditions

Record delivery of the statutory buyer-beware form and any supplemental addendums. Document any conditions the seller has disclosed to you — roof repairs, plumbing history, pest treatments — that should be recorded even if not required by the statutory form.

Download Listing Package with Compliance Record

Download the full listing package: enhanced photos, MRIS/Bright MLS-compatible description, and a timestamped disclosure delivery record for the broker file — all ready before the listing goes live.

Compliance Reference

Va. Code Section	Disclosure Requirement	Trigger	Notes
§55.1-700 et seq.	Residential Property Disclosure Statement	All residential sales	Buyer-beware form — seller makes no representations about property condition. Published by Virginia Real Estate Board. Must be delivered before contract ratification.
§55.1-702	Military Air Installation Disclosure	Property in military air installation zone	Requires notice to buyers that property is in or near a military air installation area — addresses noise and accident potential zones. Separate addendum form.
§55.1-703	Dam Break Inundation Area	Property in dam break inundation area	Properties in the inundation area of a dam regulated by the Virginia Department of Conservation and Recreation must disclose this. Flood risk context.
§55.1-704	Stormwater Detention Facility	Property includes or is adjacent to a stormwater facility	Requires disclosure when property includes a stormwater management facility that is the seller's maintenance responsibility.
§55.1-707	Defective Drywall	Property with known defective drywall	Virginia had significant Chinese drywall (defective drywall) issues. If seller knows the property contains defective drywall, this addendum is required.
42 U.S.C. §4852d	Federal Lead-Based Paint Disclosure	Pre-1978 construction	Federal requirement in addition to Virginia statute — applies to all residential properties built before 1978. Seller disclosure form, EPA pamphlet, 10-day buyer inspection right.

Common Use Cases

Northern Virginia Colonial near Quantico Marine Corps Base

Scenario: Agent listing a 1992 Stafford County colonial approximately 4 miles from Quantico Marine Corps Base. The property is in the military air installation overlay zone. Multiple disclosure addendums must be reviewed.

Process: Military air installation zone confirmed → §55.1-702 addendum added → Statutory disclosure form delivered → Lead paint N/A (post-1978) → Listing package generated

Compliance: Statutory disclosure plus military air installation addendum delivered per Va. Code §55.1-700 and §55.1-702

Richmond Area Pre-1978 Bungalow with Seller-Disclosed Roof Repair

Scenario: Agent listing a 1955 Richmond bungalow. Seller discloses a roof repair in 2022 and a crawlspace moisture issue addressed in 2020. Both are seller-known conditions that should be documented even under the buyer-beware framework.

Process: Pre-1978 → Lead paint addendum added → Seller-disclosed conditions documented in file → Statutory disclosure form delivered → Listing package generated

Compliance: Federal lead paint disclosed; known conditions documented to protect against Virginia Consumer Protection Act concealment claims

Frequently Asked Questions

What is Virginia's Residential Property Disclosure Act?

Virginia's Residential Property Disclosure Act (Va. Code §55.1-700 et seq.) requires residential sellers to provide a statutory disclosure statement to buyers before contract ratification. Virginia uses a buyer-beware framework: the statutory form notifies the buyer that the seller makes no representations about property condition, and the buyer accepts the property as-is based on their own inspection. This differs from most states, where sellers must itemize property conditions. The Virginia Real Estate Board publishes the standard disclosure form. Consult a licensed Virginia real estate attorney for questions about your specific disclosure obligations.

Does buyer-beware mean Virginia sellers can hide defects?

No. The buyer-beware statutory form under Va. Code §55.1-700 is not a liability shield for known material defects. Virginia sellers remain liable under common law fraud and the Virginia Consumer Protection Act (Va. Code §59.1-196 et seq.) for actively concealing known material defects. The distinction is between making no warranty about unknown conditions — which the statutory form covers — and hiding known defects. Agents should document what the seller has disclosed, even if the statutory form itself only requires a buyer-beware acknowledgment. Consult a licensed Virginia real estate attorney for specific disclosure risk questions.

What supplemental disclosures does Virginia require?

In addition to the standard buyer-beware form, Virginia requires supplemental disclosures depending on property location and condition: military air installation zone (Va. Code §55.1-702) for properties near military bases; dam break inundation area (Va. Code §55.1-703) for properties in regulated dam impact zones; stormwater detention facility (Va. Code §55.1-704) when the property has a stormwater facility; and defective drywall (Va. Code §55.1-707) for properties with known defective drywall. Federal lead-based paint disclosure (42 U.S.C. §4852d) applies to all pre-1978 homes.

Is Virginia's disclosure law the same as a property condition report?

No. Virginia's disclosure statement is fundamentally different from a property condition report. A condition report (used in states like Pennsylvania, Maryland, and Texas) requires the seller to describe the condition of specific systems — roof, HVAC, foundation, plumbing, etc. Virginia's statutory form instead notifies the buyer that no such representations are being made, and the buyer must rely on their own inspection. Virginia is one of the few states that maintains a formal buyer-beware framework.

What Virginia transactions are exempt from the Residential Property Disclosure Act?

Va. Code §55.1-709 exempts several transactions: transfers by court order, foreclosure sales, estate transfers, transfers between co-owners, and transactions where the buyer has waived the right to receive the disclosure statement. New construction covered by a warranty is also generally outside the buyer-beware disclosure context. Even in exempt transactions, federal lead-based paint disclosure (42 U.S.C. §4852d) still applies to pre-1978 properties.

Does Virginia have special disclosure requirements for Northern Virginia near military bases?

Yes. Va. Code §55.1-702 requires a military air installation disclosure for properties within a military air installation overlay zone. This is particularly relevant in Northern Virginia, Hampton Roads (where multiple major military installations are located), and areas near Quantico, Fort Belvoir, and other installations. The disclosure informs buyers about potential aircraft noise and the presence of accident potential zones. Agents should verify whether a specific property falls within the overlay zone using NOVA MLS resources or local planning data.

What is the defective drywall disclosure requirement in Virginia?

Va. Code §55.1-707 requires disclosure if the seller knows the property contains defective drywall — typically referring to Chinese-manufactured drywall with elevated sulfur content that was installed in some homes built or renovated between approximately 2001 and 2008. The defective drywall issue was concentrated in Florida, Virginia, and the Gulf Coast. Virginia sellers who know their property contains defective drywall must disclose this to buyers. Signs may include a sulfur/rotten-egg smell, blackened copper wiring, and HVAC corrosion.

Does Virginia require seller disclosure for new construction?

New construction in Virginia is generally covered by the Virginia New Home Warranty Act (Va. Code §55.1-360 et seq.) rather than the Residential Property Disclosure Act. Buyers of newly constructed homes receive statutory warranties on workmanship, systems, and structural components. Agents representing buyers of new construction should be familiar with the warranty coverage periods — one year for workmanship, two years for mechanical systems, five years for structural components — rather than the buyer-beware disclosure framework that applies to resales.

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Virginia Residential Property Disclosure Act — What Listing Agents Must Know