The Virginia Residential Property Disclosure Statement: What It Is and What It Isn't

The Short Answer

The Virginia Residential Property Disclosure Statement is a short state form the seller gives to the buyer. Unlike disclosure forms in many other states, it isn't a long checklist of the home's defects. It's a notice: the owner makes no representations about the property's condition, and the buyer is responsible for investigating the topics listed on the form. A separate one-page acknowledgement form records that the seller gave the notice and the buyer received it.

This guide is part of my series on the documents you'll sign buying or selling a home in Virginia, which walks through the main forms in the order they show up. For the broader picture of what Virginia sellers must and don't have to tell buyers, see my guide to Virginia seller disclosures.

Where It Fits

Sellers usually complete the statement when they list, and listing agents typically make it available to buyer's agents before offers are written. Under the Virginia Residential Property Disclosure Act, the buyer should receive the statement, with the signed acknowledgement, before the purchase agreement is ratified. It sits alongside other required disclosures, such as the lead-based paint disclosure for older homes and the military air installation disclosure where it applies.

Who Provides It and Who Signs

The statement itself has no signature lines. The signatures go on the separate acknowledgement form: the owner signs to confirm they gave the notice, and the purchaser signs to confirm they received it. Agents don't fill out the statement for the seller, though I make sure sellers know which version to use and when to deliver it.

The Topics It Tells Buyers to Research

Most of the statement is a list of subjects the buyer should look into independently, along with where to find the information. In plain English, those include:

The home's condition. The buyer is advised to get a home inspection and other inspections.

Boundaries and neighbors. Lot lines and what's on or planned for adjacent parcels.

Land-use rules. Historic districts, Chesapeake Bay resource protection areas and conservation easements.

Water and soil. Special flood hazard areas, dam break inundation zones and dams, marine clays, wastewater and septic systems.

Health and materials. Radon, defective drywall and lead pipes.

Other items. The sex offender registry, the right to install or use solar energy devices, community development authority taxes and aircraft noise near public airports.

A final page lists other written disclosures that may apply separately depending on the property: new construction, military air installation zones, pending building or zoning violations, a pending lawsuit affecting the property (lis pendens), past use as a meth lab, stormwater facilities and the validity of septic permits.

Why This Matters in Hampton Roads

Several of these topics are especially relevant here. Flood zones touch many neighborhoods across all four cities. Chesapeake Bay resource protection areas affect waterfront lots. Parts of Chesapeake and rural Virginia Beach rely on wells and septic. And Norfolk, Portsmouth and Virginia Beach each have historic districts with their own rules. The statement points buyers toward these topics; it's up to the buyer to research them on the specific property.

What People Commonly Misunderstand

"The seller disclosed nothing, so nothing is wrong." The form is designed so the seller makes no representations. A clean form says nothing about condition. That's why inspections under the inspection contingency addendum matter so much in Virginia.

"Sellers can hide known defects." The notice format doesn't give sellers license to actively misrepresent or conceal. Known material defects, active concealment and the separate required disclosures are different issues, and a seller's agent has to disclose known material physical defects to buyers. A real estate attorney can explain where that line is.

"It's just a formality." Delivering it on time protects the seller. If it isn't delivered before ratification, the buyer can gain a right to terminate.

Frequently Asked Questions

Is Virginia a disclosure state? Virginia uses a disclosure statement, but it's a buyer-beware notice rather than a detailed condition report.

Does every seller have to provide it? Most sellers of 1–4 unit residential property do, but the Act lists exemptions such as court-ordered transfers and certain family transfers. See the summary of rights and obligations.

What's the acknowledgement form? A one-page signature page confirming the notice was given and received.

Next Steps

If you're selling, I'll make sure your disclosure package is complete and delivered at the right time. If you're buying, I'll walk you through what the statement tells you to research on your specific home. Reach out to me with your questions.

This article is general information about how these documents commonly work in Virginia, not legal advice. Forms are updated from time to time and every transaction is different, so read the version you're actually given and talk with a Virginia real estate attorney about legal questions.