What Buyers, Sellers, Landlords and Real Estate Investors Need to Know
Buying, selling, renting or investing in Virginia real estate involves a combination of state laws, regulations and local requirements.
Virginia has a particularly important approach to residential property sales known as buyer beware. Unlike states that require sellers to make extensive representations about the physical condition of a home, Virginia generally requires sellers to provide specific statutory disclosures while placing significant responsibility on buyers to conduct their own due diligence.
This guide explains some of the most important Virginia real estate laws affecting buyers, sellers, landlords, tenants, investors and real estate professionals.
Important: This page is for general educational purposes and is not legal advice. Virginia laws and regulations can change, and local jurisdictions may have additional requirements. Consult a qualified Virginia attorney when legal advice is necessary.
1. Virginia Residential Property Disclosure Act
The Virginia Residential Property Disclosure Act is one of the most important laws governing residential real estate transactions in the Commonwealth.
The law is found primarily in Virginia Code §55.1-700 et seq.
Virginia’s disclosure system is substantially different from the traditional seller-disclosure systems used in some other states.
Rather than requiring the seller to provide a detailed inspection-style report describing every known condition of the property, Virginia’s disclosure statement is designed to notify the buyer about specific statutory matters and emphasize the buyer’s responsibility to conduct due diligence.
Buyer beware and due diligence
Virginia law requires the residential property disclosure statement to advise purchasers that they should exercise whatever due diligence they consider necessary.
Depending on the property, that may include:
- Home inspection
- Radon testing
- Mold assessment
- Termite inspection
- Well inspection
- Septic inspection
- Survey
- Title examination
- Review of zoning
- Review of permits
- Environmental investigation
- Flood-zone investigation
The buyer should not assume that the absence of a disclosure means that the property is free of defects.
2. Does Virginia Require a Seller to Provide a Disclosure?
Yes, Virginia law requires the owner of covered residential property to provide the purchaser with the statutory residential property disclosure statement.
However, the Virginia disclosure is primarily a notice to the buyer concerning specific matters rather than a comprehensive representation about the physical condition of the property.
The statute directs the buyer to conduct whatever due diligence the buyer considers appropriate.
When must the disclosure be provided?
The owner must provide notification to the purchaser of the required disclosures before ratification of the real estate purchase contract.
If the required disclosure is delivered after ratification, the purchaser can have a statutory right to terminate the contract within the applicable period, subject to the specific circumstances and limitations contained in the statute.
For this reason, Virginia sellers and their agents should make sure the required disclosure information is delivered at the appropriate time.
3. What Does a Virginia Seller Have to Disclose?
Virginia’s Residential Property Disclosure Act requires disclosures concerning specific statutory matters.
Depending on the property, these can include matters involving:
- Previous flooding
- Flood hazard areas
- Septic systems
- Wells
- Condominiums
- Property Owners’ Associations
- Historic districts
- Military air installations
- Certain environmental conditions
- Certain mining or geologic conditions
- Certain easements and restrictions
- Other matters specifically identified by Virginia law
The exact disclosure requirements depend on the property and the statutory provisions applicable to the transaction.
The Virginia Real Estate Board provides the current disclosure documents.
4. Virginia Sellers Generally Do Not Have to Conduct a Home Inspection
Virginia law does not generally require a seller to obtain a comprehensive home inspection before selling residential property.
The buyer is expected to perform appropriate due diligence.
A buyer may choose to hire a professional home inspector to evaluate readily accessible components of the property.
A home inspection can include evaluation of:
- Roof
- Foundation
- Structure
- Plumbing
- Electrical
- HVAC
- Attic
- Basement
- Exterior
- Drainage
- Appliances
- Windows and doors
- Other accessible components
The buyer should understand the difference between the seller’s statutory disclosure and an independent property inspection.
5. Does Virginia Require a Radon Test?
Generally, no.
Virginia does not generally require every residential seller to obtain a radon test before selling a home.
However, radon can be an important issue in Virginia homes, particularly homes with basements or lower levels.
A buyer may choose to include radon testing as part of the due-diligence process.
Virginia’s buyer-beware approach makes independent investigation particularly important.
Should a Virginia buyer get a radon test?
For many properties, especially homes with basements, a buyer may want to consider testing.
Radon testing is relatively straightforward and can identify an environmental condition that may not be visible during a normal home inspection.
6. Lead-Based Paint Requirements
Federal lead-based paint laws generally apply to most residential properties constructed before 1978.
For covered properties, federal law generally requires sellers to:
- Disclose known information concerning lead-based paint
- Provide available records and reports
- Provide the federally required lead pamphlet
- Provide the purchaser with an opportunity to conduct a lead inspection or risk assessment
Virginia real estate transactions involving older homes should therefore address applicable federal lead requirements in addition to Virginia law.
7. Material Facts and Real Estate Licensee Disclosure Duties
Virginia real estate licensees have important disclosure obligations even though Virginia uses a buyer-beware approach.
A licensee representing a seller must disclose to the seller material facts related to the property or transaction that the licensee actually knows.
The licensee must also treat prospective buyers honestly and may not knowingly provide false information.
Most importantly, a seller’s licensee must disclose to prospective buyers all material adverse facts concerning the physical condition of the property that are actually known by the licensee.
That disclosure must be made in writing.
Buyer beware does not mean “anything goes”
A buyer’s responsibility to conduct due diligence does not give a real estate agent permission to conceal a known material defect.
Virginia law specifically imposes disclosure obligations on licensed real estate professionals.
8. Brokerage Relationships in Virginia
Virginia regulates brokerage relationships between real estate licensees and consumers.
A licensee who has a substantive discussion about a specific property with an actual or prospective buyer or seller who is not represented by another licensee generally must disclose the licensee’s brokerage relationship.
The disclosure must be made in writing at the earliest practical time and no later than when specific real estate assistance is first provided, subject to statutory exceptions.
Virginia recognizes different brokerage relationships, including:
- Standard agency
- Limited service agency
- Independent contractor relationships under applicable agreements
- Dual agency
- Designated representation
The actual relationship depends on the written brokerage agreement and applicable Virginia law.
9. Limited-Service Real Estate Agents in Virginia
Virginia law expressly recognizes limited service agents.
A limited service agent may provide fewer services than a traditional standard agent, but the arrangement must be established through a written brokerage agreement.
The agreement must identify:
- That the licensee is acting as a limited service agent
- The services the agent will provide
- The duties that the agent will not provide
The disclosure must be conspicuous and comply with Virginia’s statutory requirements.
This is particularly relevant to sellers considering flat-fee MLS and limited-service brokerage arrangements.
10. Virginia Fair Housing Laws
Federal and Virginia fair housing laws prohibit discrimination in housing transactions.
Fair housing requirements apply to activities including:
- Selling property
- Renting property
- Advertising
- Showing property
- Buyer qualification
- Tenant screening
- Negotiations
- Financing-related activities
Real estate professionals should be particularly careful with advertising language and avoid statements that could indicate a preference or limitation based on a protected characteristic.
11. Virginia Condominium Sales
Virginia condominium sales involve additional disclosure requirements.
A purchaser of a condominium generally has rights to receive a resale certificate containing important information concerning the condominium association.
The resale information can include matters such as:
- Association assessments
- Special assessments
- Budget
- Financial information
- Rules and regulations
- Insurance
- Pending litigation
- Reserves
- Restrictions
- Association obligations
Virginia law establishes requirements concerning condominium resale certificates.
Buyers should review condominium documents carefully and pay attention to contractual deadlines.
12. Virginia Property Owners’ Associations
Properties located within a homeowners or property owners’ association can involve additional statutory disclosures.
A purchaser may be entitled to receive a resale certificate containing information about the association and the property.
Important information may include:
- Assessments
- Special assessments
- Association fees
- Rules and regulations
- Architectural restrictions
- Pending violations
- Litigation
- Financial information
- Reserve funds
- Insurance
A buyer should carefully review the resale certificate before proceeding with the transaction.
13. Virginia Zoning and Land Use
Virginia real estate is heavily affected by local zoning and land-use regulations.
Local governments generally regulate matters such as:
- Zoning
- Permitted uses
- Density
- Setbacks
- Building height
- Parking
- Subdivision
- Development
- Accessory structures
- Short-term rentals
- Commercial uses
The fact that a property is currently being used in a particular manner does not necessarily mean that the use is legally permitted under current zoning.
Buyers of investment or development property should verify zoning before completing a purchase.
14. Virginia Building Permits and Certificates of Occupancy
Before purchasing a property, buyers should consider determining whether major improvements were properly permitted.
Potential issues include:
- Additions
- Finished basements
- Decks
- Garages
- Electrical work
- Plumbing
- HVAC
- Structural modifications
- Accessory dwelling units
Unpermitted work can create significant problems for a property owner.
Depending on the locality and type of improvement, permits or certificates of occupancy may be required.
15. Virginia Rental Property Laws
Virginia landlords and tenants are primarily governed by the Virginia Residential Landlord and Tenant Act, along with applicable local laws and regulations.
Important issues include:
- Written leases
- Security deposits
- Rent
- Late fees
- Repairs
- Habitability
- Tenant notices
- Evictions
- Landlord access
- Utility responsibilities
- Security deposit accounting
- Tenant rights
Landlords should use a current lease appropriate for Virginia and the specific type of property.
16. Virginia Security Deposits
Virginia law regulates residential security deposits.
Important requirements include rules concerning:
- Amount of security deposit
- Holding the deposit
- Required accounting
- Deductions
- Damage
- Normal wear and tear
- Return of the deposit
- Tenant notices
Landlords should document the property’s condition before and after a tenancy.
Because Virginia law can change, landlords should verify the current statutory requirements before withholding money from a tenant’s security deposit.
17. Sale of a Rental Property
Selling a Virginia rental property can involve additional considerations.
When a rental property is sold, the landlord has statutory obligations concerning notification to the tenant and disclosure of the new owner’s information.
Virginia law requires the landlord to notify the tenant of the sale and provide identifying and contact information for the purchaser.
Existing leases and tenant rights should also be reviewed before the property is placed under contract.
18. Virginia Property Taxes
Virginia real estate is generally subject to local real estate taxation.
Property tax rates vary among counties, cities and towns.
Virginia localities may also offer tax relief programs for qualifying homeowners, including certain programs for elderly or disabled homeowners.
Buyers should review:
- Current assessment
- Current tax bill
- Local tax rate
- Tax exemptions
- Tax relief programs
- Special assessments, if applicable
19. Virginia Transfer Taxes and Recordation Taxes
Virginia real estate transactions can involve state and local taxes and fees associated with recording the deed and transferring the property.
Depending on the locality and transaction, costs may include:
- Grantor’s tax
- Regional congestion relief fees where applicable
- Recordation-related charges
- Local taxes or fees
The purchase contract and settlement statement should clearly identify the applicable charges and who is responsible for paying them.
20. Buying Virginia Investment Property
Investors purchasing Virginia rental or multifamily property should conduct substantially more due diligence than simply reviewing the asking price and rent roll.
Physical due diligence
Review:
- Roof
- Structure
- HVAC
- Plumbing
- Electrical
- Sewer
- Water
- Environmental conditions
- Lead
- Radon
- Mold
- Drainage
Legal due diligence
Review:
- Zoning
- Legal number of units
- Certificates of occupancy
- Building permits
- Code violations
- Rental licenses
- Property restrictions
- Easements
- HOA/POA requirements
Tenant due diligence
Review:
- Existing leases
- Rent roll
- Security deposits
- Tenant payment history
- Pending disputes
- Notices
- Lease expirations
Financial due diligence
Review:
- Property taxes
- Insurance
- Utilities
- Repairs
- Maintenance
- Capital expenditures
- Property management
- Actual rental income
21. Special Virginia Disclosure Issues
Virginia law contains specific disclosure requirements addressing certain property conditions and circumstances.
Depending on the property, buyers may encounter disclosures involving:
- Flooding
- Flood zones
- Military air installations
- Septic systems
- Wells
- Property Owners’ Associations
- Condominiums
- Historic districts
- Certain mining conditions
- Certain environmental matters
- Other statutory conditions
The applicable disclosure requirements should be reviewed for each transaction.
22. Virginia Military Air Installation Disclosure
Virginia has specific disclosure requirements concerning certain properties located in proximity to military air installations.
This is particularly relevant in parts of Northern Virginia and Hampton Roads.
Buyers should carefully review the statutory disclosure applicable to the property and understand that proximity to a military installation or flight path may involve aircraft noise and other conditions.
23. Virginia Septic and Well Properties
Properties that use private wells or septic systems require additional due diligence.
A buyer should consider obtaining appropriate inspections or evaluations of:
Private wells
- Water quality
- Flow rate
- Well equipment
- Well location
- Well records
Septic systems
- Tank
- Drain field
- Pump
- Distribution system
- Maintenance history
- Capacity
- Permits
Buyers should not assume that a private well or septic system is functioning properly simply because the property is occupied.
24. Virginia Flood Risk
Flooding is an important consideration in Virginia real estate.
Buyers should investigate:
- FEMA flood-zone status
- Prior flooding
- Flood insurance requirements
- Drainage
- Elevation
- Water intrusion
- Nearby waterways
A property’s location outside a designated high-risk flood zone does not necessarily mean that flooding is impossible.
25. Virginia Real Estate Licensing
Virginia real estate brokers and salespersons must be licensed by the Virginia Real Estate Board.
Virginia regulates:
- Brokers
- Salespersons
- Brokerage firms
- Property managers
- Rental location agents
- Brokerage agreements
- Agency relationships
- Advertising
- Continuing education
- Trust accounts
Virginia licensees must comply with both the Virginia Real Estate Board regulations and applicable statutes.
26. Real Estate Advertising in Virginia
Virginia real estate advertising must comply with state licensing requirements and applicable fair housing laws.
Advertising should accurately identify the brokerage and should not be false, misleading or deceptive.
This is especially important for:
- MLS advertising
- Websites
- Social media
- Paid advertisements
- Property flyers
- Signs
- Email marketing
- AI-generated marketing
Brokerages should have procedures for reviewing advertising before publication.
27. Does Virginia Require a Home Inspection?
No.
Virginia generally does not require a seller to obtain a home inspection before selling a residential property.
Virginia instead places significant responsibility on the purchaser to conduct appropriate due diligence.
A buyer may choose to obtain a professional home inspection and additional inspections based on the property.
28. Does Virginia Require a Radon Test?
Generally, no.
Virginia does not generally require every residential seller to obtain a radon test before selling a home.
However, radon testing may be an important part of a buyer’s due diligence, especially for homes with basements or lower levels.
29. Does Virginia Require a Seller Disclosure?
Yes, but Virginia’s system is different from a traditional full-condition seller disclosure.
Virginia requires a statutory residential property disclosure statement addressing specific matters and emphasizes that the buyer should exercise whatever due diligence the buyer considers necessary.
Virginia therefore operates much more heavily on a buyer-beware/due-diligence model than many other states.
30. What Happens If a Virginia Seller Does Not Provide the Disclosure on Time?
Virginia law requires the statutory disclosures to be provided before ratification of the purchase contract.
If the disclosure is delivered after ratification, the purchaser may have a statutory right to terminate the contract within the time periods established by Virginia law, subject to the statutory exceptions and limitations.
This is one reason Virginia agents should make sure the disclosure documentation is handled early in the transaction.
31. Virginia Real Estate Frequently Asked Questions
Is Virginia a buyer-beware state?
Virginia’s residential disclosure system places substantial responsibility on buyers to conduct their own due diligence. The statutory disclosure statement specifically advises purchasers to investigate the property and obtain appropriate inspections.
Does a Virginia seller have to disclose every defect?
Virginia’s statutory disclosure system does not operate like a traditional requirement to provide a complete list of every defect in the property.
However, real estate licensees have separate duties concerning known material adverse facts, and other laws may impose additional disclosure obligations.
Does a Virginia seller have to get a home inspection?
Generally, no.
Does Virginia require radon testing?
Generally, no statewide requirement applies to every residential sale.
Does Virginia require lead-paint disclosure?
Federal lead-based paint disclosure requirements generally apply to most residential properties constructed before 1978.
Does Virginia require termite inspection?
There is no general requirement that every Virginia residential seller obtain a termite inspection simply because the property is being sold.
However, termite/WDI inspections may be required by a lender or requested by the purchaser.
What is a resale certificate?
A resale certificate provides a purchaser with important information concerning a condominium or property owners’ association.
Can a Virginia seller sell a property “as is”?
Virginia’s buyer-beware framework permits significant use of “as-is” concepts, but “as is” does not authorize a licensed real estate professional to conceal known material adverse facts or knowingly provide false information.
Does Virginia have rent control?
Virginia generally restricts localities from imposing traditional rent control on private residential rental properties, subject to statutory exceptions and specific circumstances.
Landlords should verify the current law applicable to their property.
Are Virginia landlord laws statewide?
The Virginia Residential Landlord and Tenant Act establishes major statewide requirements, but local building, zoning, licensing and housing requirements may also apply.
Are Northern Virginia real estate laws different from the rest of Virginia?
The basic Virginia statutes apply statewide, but local governments such as Fairfax County, Arlington County, Loudoun County, Prince William County and the City of Alexandria can have substantially different zoning, rental, building and other local requirements.
Does Virginia law change?
Yes.
Virginia periodically amends its real estate laws. For example, the Residential Property Disclosure Act contains a revised version of §55.1-703 that becomes effective January 1, 2027. This page should therefore be reviewed periodically and updated when new laws take effect.
Virginia Real Estate Laws by Local Market
Virginia’s state laws apply statewide, but local requirements can be very different.
For Netrealtynow.com, separate local pages can be created for the markets you serve.
Northern Virginia
Recommended topics include:
- Fairfax County
- Arlington County
- Loudoun County
- Prince William County
- Alexandria
- Falls Church
- Manassas
- Manassas Park
- Zoning
- Rental regulations
- HOA/POA
- Building permits
- Multifamily investment
Richmond
Recommended topics include:
- City of Richmond
- Henrico County
- Chesterfield County
- Hanover County
- Zoning
- Rental properties
- Multifamily properties
- Local tax requirements
Charlottesville
Recommended topics include:
- City of Charlottesville
- Albemarle County
- Zoning
- Historic properties
- Rural properties
- Septic and well requirements
- Development regulations
Virginia Beach / Hampton Roads
Recommended topics include:
- Virginia Beach
- Norfolk
- Chesapeake
- Hampton
- Newport News
- Flood risk
- Waterfront property
- Military installations
- Rental property
Virginia Real Estate Services
Buying or selling Virginia real estate requires an understanding of both Virginia law and local regulations.
Netrealtynow.com provides real estate brokerage and flat-fee MLS services for Virginia property owners and buyers.
Whether you are selling a Virginia home, purchasing an investment property, or evaluating a multifamily property, understanding the applicable disclosure, inspection, zoning, environmental and transaction requirements can help you avoid costly surprises.
Contact Netrealtynow.com to discuss your Virginia real estate needs.
Official Virginia Real Estate Resources
For the most current laws, regulations and forms, consumers and real estate professionals should consult official Virginia government sources.
Virginia Residential Property Disclosure Act
The official Virginia Code contains the Residential Property Disclosure Act, including the current and upcoming versions of the disclosure requirements.
Virginia Real Estate Board
The Virginia Real Estate Board regulates real estate brokers and salespersons and provides official licensing and regulatory information.
Virginia Code – Real Estate Brokerage Relationships
Virginia’s brokerage statutes establish duties owed by licensees to sellers, buyers, landlords and tenants.
Virginia Residential Landlord and Tenant Act
Virginia’s landlord-tenant statutes establish important rights and responsibilities for residential landlords and tenants.
Important Disclaimer
This page is intended for general educational and informational purposes only. It is not legal, tax, environmental, engineering or other professional advice.
Virginia laws and regulations can change, and individual properties may be subject to county, city or town requirements in addition to state law.
Before relying on information contained on this page for a specific transaction, buyers, sellers, landlords and investors should verify the current requirements applicable to the property and consult an appropriately licensed professional when necessary.
Last reviewed: August 2026