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Virginia · Code §§55.1-2308–2316Virginia resale certificate: 14 days, 3-day cancellation and fees

In Virginia the seller of a unit in an HOA, condominium or cooperative must obtain the resale certificate from the association and give it to the buyer – a duty that cannot be waived (Code of Virginia §55.1-2309). The association has 14 days after the seller's written request, after which the certificate is deemed unavailable. Unless the contract sets another period, the buyer may cancel within 3 days after ratification or after receiving the certificate, whichever applies, and may cancel any time before settlement if it was never delivered (§55.1-2312).

The rules

  1. Contract disclosures (§55.1-2308)

    The contract states the unit is in a common interest community, that the seller must obtain and provide the certificate, the buyer's cancellation right, the right to an update, and that these rights are waived if not used before settlement.

  2. 14 days (§55.1-2309)

    The association delivers within 14 days after the seller's written request, printed or electronic; otherwise the certificate is deemed unavailable. The association may not require the buyer's name first.

  3. Cancellation (§55.1-2312)

    Delivered before ratification: 3 days from ratification unless the contract says otherwise. Delivered after: 3 days from receipt. Never delivered: any time before settlement. With several associations, the period runs from the last certificate.

  4. Fees (§55.1-2316)

    The seller pays for preparation, delivery and any unit inspection; the requester pays for an update. Maximum fees are set by the Common Interest Community Board and CPI-adjusted at least every five years; a post-closing fee may be charged to the buyer.

Updates and contents

  • Updated certificate: if the original is more than 30 days but less than 12 months old at settlement, the seller or contract purchaser may request one, delivered within 10 days (§55.1-2311).
  • Financial update: a settlement agent may request one, delivered within three business days.
  • Contents follow the Board's form: governing documents, assessments and other fees, special assessments, capital expenditures, reserves and reserve study, budget and financials, litigation, insurance, violation and code notices, minutes, and restrictions on flags, solar, signs, parking, home businesses and rentals (§55.1-2310).
  • Cancellation is without penalty and the deposit is returned promptly; written notice follows the contract's terms.

What the TC tracks

  • Written request to every association and the 14-day date.
  • Ratification date versus certificate delivery date – it decides when the 3 days run.
  • Update or financial update ordered if the certificate will be older than 30 days at settlement.
  • Fees charged to the right party on the settlement statement.

Questions about the Virginia resale certificate

How long does a Virginia HOA have to provide a resale certificate?

14 days after the seller's or seller's agent's written request; after that it is deemed unavailable (Code of Virginia §55.1-2309(B)).

How many days does a Virginia buyer have to cancel after receiving the resale certificate?

The period in the contract, or 3 days if none is specified – from ratification if delivered before, or from receipt if delivered after ratification (§55.1-2312).

Who pays for the Virginia resale certificate?

The seller pays for preparation, delivery and any inspection; the requesting party pays for an updated certificate (§55.1-2316(A)).

Can the buyer waive the Virginia resale certificate?

The seller's duty to obtain and provide it cannot be waived by agreement, but the buyer's rights are waived if not exercised before settlement.

What if the buyer never receives the resale certificate?

The buyer may cancel the contract at any time before settlement (§55.1-2312(C)).

Related guides

Track the association request, the 14-day date and the buyer's cancellation window as tasks with owners and due dates in ClosingCode, with each certificate kept in the deal documents.

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Source: Code of Virginia §§55.1-2308, 55.1-2309, 55.1-2310, 55.1-2311, 55.1-2312, 55.1-2316 (law.lis.virginia.gov, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.