Virginia is a buyer-beware jurisdiction, which means that generally speaking, seller’s have little to no disclosure obligations to a potential buyer. There are a few exceptions:
- Military air installation (§ 55.1-704) – If the property is located in a locality in which a military air installation is located, seller shall disclose whether the property is located in a noise zone or accident potential zone, or both, if so designated and the specific zone in which the property is located according to the official zoning map.
- Pending building or zoning violations (§ 55.1-706) – If the seller has actual knowledge of any pending enforcement actions pursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) that affect the safe, decent, sanitary living conditions of the property of which the seller has been notified in writing by the locality, or any pending violation of the local zoning ordinance that the violator has not abated or remedied under the zoning ordinance, within a time period set out in the written notice of violation from the locality or established by a court of competent jurisdiction.
- Property previously used to manufacture methamphetamine (§55.1-708) – If the seller has actual knowledge that the property was used to manufacture methamphetamine and has not been cleaned up in accordance with the guidelines established pursuant to § 32.1-11.7 and the applicable licensing provisions.
- Stormwater management facility – Sellers with actual knowledge of any privately-owned stormwater management facility located on their property must disclose the long-term maintenance and inspection requirements.
- Tourism Activity Zones. Sellers of residential property located partially or wholly within a designated tourism activity zone established pursuant to § 15.2-982 may disclose in writing to prospective buyers or lessees that the property is located within a tourism activity zone. This disclosure is permissive and not mandatory (§ 55.1-707)
- Private Septic Tank Operating Permit Waivers. Virginia Code § 32.1-164.1:1 states that any property owner/seller who obtains a waiver from the locality to repair a failing onsite sewage system in accordance with §§ 32.1-164.1:1 and 32.1-164.1:3 “ shall disclose, [prior to contract ratification], that any operating permit for the onsite sewage system that has been granted a waiver authorized by this subsection shall be null and void at the time of transfer or sale of the property and that the Board's regulatory requirements for additional treatment or pressure dosing shall be required before an operating permit may be reinstated.” Such disclosure shall be made on a form developed by the Real Estate Board. The form can be found here. If the disclosure required under § 32.1-164.1:1 is provided after ratification, buyer’s sole remedy is to void.
- First Sale of a Dwelling. Under § 55.1-702(B), builders shall disclose in writing to the buyer all known material defects which would constitute a violation of any applicable building code.
- Notice of Lis Pendens. Under §55.1-706.1, if the owner of a residential dwelling unit has actual knowledge of a lis pendens filed against their property, they must disclose it.
- Repetitive Risk Loss (Flood Insurance Claims). Virginia Code § 55.1-708.2 states that if a property owner has actual knowledge that the dwelling unit is a repetitive risk loss structure, they must disclose that fact to the buyer. Here, “repetitive risk loss” is very specific, and means that “two or more claims of more than $1,000 were paid by the National Flood Insurance Program within any rolling 10-year period, since 1978.”
A copy of all referenced disclosure forms can be found here.