Virginia · Code §55.1-700 et seq.Virginia residential property disclosure (buyer beware)
Virginia is a buyer-beware state: the owner gives the purchaser the Real Estate Board's residential property disclosure statement – in which the owner makes no representations and the buyer is told to do its own due diligence – before the contract is ratified (Code §§55.1-703, 55.1-709). If it is delivered after ratification, the buyer's only remedy is to terminate within 3 days after delivery in person or electronically, or 5 days after the postmark if mailed – or earlier at settlement, occupancy, a loan application that says so, or a separate written waiver.
The rules
The statement (§55.1-703)
Published by the Real Estate Board on its website: the owner makes no representations about condition, lot lines, adjacent parcels, historic districts, resource protection areas and other listed matters, and the buyer is advised to get inspections, a survey and other due diligence before settlement. The section has a new version effective January 1, 2027 – use the Board's current form.
When (§55.1-709(A))
Before ratification of the purchase contract, current as of the date of delivery.
Late delivery (§55.1-709(B))
The buyer may terminate by the earliest of: 3 days after delivery in person or electronically; 5 days after the postmark if mailed; settlement; occupancy; a written loan application that discloses the right ends then; or a separate written waiver signed after receiving the statement.
Add-on disclosures
On Board forms: military air installation (§55.1-704); and, notwithstanding the exemptions, known pending building-code or zoning violations (§55.1-706) and a past methamphetamine lab not cleaned up (§55.1-708).
Exempt transfers (§55.1-702, selection)
- Court-ordered transfers, foreclosures and deeds in lieu of foreclosure.
- Fiduciaries in an estate, guardianship, conservatorship or trust.
- Co-owner to co-owner, to a spouse or lineal relatives, and between spouses in a divorce.
- Tax sales and transfers to or from government entities.
- The first sale of a dwelling – but the builder must disclose known material building-code defects, and the military air installation disclosure still applies.
What the TC tracks
- The Board's current disclosure statement signed before ratification.
- If delivered after: the delivery method and date – 3 days in person or electronic, 5 days after the postmark by mail.
- The add-on disclosures (military air installation, violations, methamphetamine) where they apply.
- Termination notices sent by one of the statute's methods, within the time allowed.
Questions about the Virginia property disclosure
Is Virginia a buyer-beware state?
Yes. The Real Estate Board's disclosure statement says the owner makes no representations, and buyers are advised to do their own due diligence before settlement.
When must the Virginia disclosure statement be delivered?
Before ratification of the real estate purchase contract (Code §55.1-709(A)).
How long does a Virginia buyer have to terminate after late delivery?
3 days after delivery in person or electronically, or 5 days after the postmark if mailed – unless settlement, occupancy, a qualifying loan application or a written waiver comes first.
Are new homes exempt from the Virginia disclosure?
The first sale of a dwelling is exempt from most of the chapter, but the builder must disclose known material code violations and the military air installation disclosure still applies.
Where do I get the Virginia disclosure form?
From the Virginia Real Estate Board's website, which publishes the required statements.
Related guides
Record how and when the disclosure was delivered and add the 3- or 5-day window as a dated task on the deal in ClosingCode.
Start free trialSource: Code of Virginia §§55.1-702, 55.1-703, 55.1-704, 55.1-706, 55.1-708, 55.1-709 (law.lis.virginia.gov, read October 24, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.