What must a home seller disclose in Virginia?

Virginia stands out for using its disclosure statute to reinforce caveat emptor.

1. The Disclosure Statement — § 55.1-703

Required for most sales of residential property.

The form disclaims any representation about the condition and directs the buyer to obtain a home inspection.

It is a buyer-beware notice rather than a check-the-defects form.

2. Specific Affirmative Disclosures — § 55.1-704 et seq.

Sellers MUST disclose:

Defective Chinese drywall (§ 55.1-704).

Methamphetamine manufacturing on the property (§ 55.1-706).

Military air installation overlay (§ 55.1-704.1).

Pending building code/zoning violations (§ 55.1-708).

Tourism activity zone (§ 55.1-709.1).

Solar energy collection easement (§ 55.1-708.2).

Repetitive risk loss structures and special flood hazard area (§ 55.1-708 et seq., 2023 amendments).

3. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

4. Exemptions — § 55.1-702

Court order, foreclosure, fiduciary transfers, between co-owners or spouses, new construction (unless covered by separate warranty rules), and to/from government.

5. "As-Is" Sales

"As-is" is broadly enforceable in VA. Buyers generally bear the risk of undisclosed defects unless they can prove active fraudulent concealment (Van Deusen v. Snead, 247 Va. 324 (1994)).

6. Statute of Limitations

2 years for fraud (Va. Code § 8.01-243(A)) from discovery.

5 years for written contract (§ 8.01-246).

This is legal information, not legal advice.