What Does a Seller Have to Disclose in Virginia?
Residential Property Disclosure Statement before or at signing, and there are specific items you must actively flag. Concealing something you know about is a different matter entirely — that can expose you to fraud claims, contract rescission, and damages even after closing.
By Cristina Dougherty | June 29, 2026
Most sellers in Chantilly, Herndon, and Franklin Glen hear “Virginia is a caveat emptor state” and assume disclosure is a non-issue. That’s a misread of the law — and it’s the kind of misread that can follow you past the closing table.
Virginia’s approach to seller disclosure is genuinely different from most states, and understanding it matters whether you have a pristine home or one that’s seen a few decades of wear. Here’s what the law actually requires, what it doesn’t, and the Fairfax-specific wrinkles that catch sellers off guard.
Virginia’s Disclosure Law Works Differently Than You Think
In most states, sellers fill out multi-page condition disclosure forms checking “yes” or “no” on dozens of known defects — roof, HVAC, foundation, plumbing, electrical. Virginia does not work that way.
Under the Virginia Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.), sellers provide a state-issued form developed by the Virginia Real Estate Board and administered by the Department of Professional and Occupational Regulation (DPOR). On most items, the form allows you to select “owner makes no representation” — meaning you’re not certifying the condition of those systems at all.
The form is essentially a notice to the buyer that Virginia is a buyer-beware state and they should conduct their own inspections. It is not a comprehensive condition report.
What the form does require you to certify — affirmatively, with a signature — is limited to a specific list of conditions. Everything else? Buyers are on their own to investigate.
This creates a meaningful distinction: what you’re legally required to volunteer, and what you’re legally prohibited from hiding. They’re not the same thing.
What the Virginia Disclosure Form Actually Requires You to Certify
The DPOR Residential Property Disclosure Statement has specific items where “owner makes no representation” is not an option — you must disclose if these conditions apply to your property.
Dam break inundation zone. Virginia requires you to disclose if your property lies within a dam break inundation zone. Your locality’s zoning or GIS maps will show this. Most western Fairfax and Loudoun homeowners aren’t affected, but if you’re near a reservoir or detention pond with an upstream dam, check before you list.
Proximity to a military air installation. For sellers in western Fairfax near Fort Belvoir’s Davison Army Airfield, or in areas affected by Joint Base Myer-Henderson Hall flight paths, this is worth confirming with your agent.
Pending building code or zoning violations. If there’s an open violation on your property — an unpermitted addition, a code complaint, or a zoning enforcement action — you must disclose it. Unpermitted decks, finished basements, and outbuildings are common in older Herndon and Chantilly homes. If work was done without permits, a good agent will walk through this with you before you list.
Prior methamphetamine manufacturing. If the property was previously used to manufacture methamphetamine and hasn’t been officially remediated, that must be disclosed.
Repetitive flood loss. This is separate from whether the property is in a flood zone — it’s about claims history.
Privately owned stormwater management facilities. If there’s a stormwater management facility on the property that is privately owned and maintained, that must be disclosed.
Lis pendens. If there’s a recorded lis pendens (a legal notice that the property is subject to litigation) on your title, that must be disclosed.
Lead-based paint — federal law, pre-1978 homes. A lot of Herndon and Chantilly homes built in the 1970s and early 1980s fall into this category. This is not optional and is separate from the Virginia state form.
HOA resale package. This is the one that surprises the most sellers. Most communities in Franklin Glen, Franklin Farm, South Riding, and Chantilly are — you must deliver the HOA resale disclosure package to your buyer within 14 days of going under contract. Your buyer then has 3 days to review it and cancel penalty-free. The HOA package is a separate disclosure from the DPOR form and carries its own timeline requirements.
Defective Chinese drywall. Virginia’s disclosure form notes that sellers “make no representation” about the presence of defective drywall — but if you know it’s there, staying silent is not legally safe. If your home had significant renovation work during that window, it may be worth having an inspection. Disclosing proactively is far better than a post-closing dispute.
Underground storage tanks. Older homes in Herndon and western Fairfax that converted from oil heat may have an old underground storage tank on the property. Virginia’s form covers this under environmental hazards. If you know one is there, disclose it — removal is addressable, concealment is not.
What Happens If You Don’t Disclose Something You Know?
This is the part of Virginia’s “buyer beware” framework that gets sellers into trouble.
But that protection disappears the moment you know something and don’t say it.
Active concealment is fraud. Virginia courts have found sellers liable for fraud in these circumstances — even after closing, even after the buyer accepted the property as-is.
Answering questions honestly matters. Virginia’s disclosure form may allow “no representation” on most items, but if a buyer or their agent asks you directly about a specific condition during the transaction, you must answer honestly. A verbal or written misrepresentation to a direct question carries the same legal exposure as a false written disclosure.
What happens if a buyer finds something after closing? A buyer who can prove you knew about a defect and concealed it can pursue contract rescission, return of their purchase price, and damages. Statute of limitations in Virginia for fraud is generally five years from discovery. This is not a theoretical risk — it’s an active area of real estate litigation.
The practical guidance: when in doubt, disclose. The cost of transparency is zero. The cost of a post-closing dispute is not.
For a full picture of what’s coming out of your proceeds at settlement, see the Closing Costs page, and review the Home Selling Timeline to understand where disclosure fits in the overall process.
Frequently Asked Questions
Do I have to disclose a leaky roof or HVAC problems in Virginia?
However, if a buyer or their agent asks you directly about a specific condition, you must answer honestly.
What is the Virginia Residential Property Disclosure Statement?
Sellers must provide it to buyers before or at contract signing. Unlike most states’ disclosure forms, Virginia’s form allows sellers to select “owner makes no representation” on most physical conditions — it functions primarily as a notice that Virginia is a buyer-beware state, not a detailed condition report.
Do I have to disclose if my home has mold in Virginia?
If you had a remediation done, a past water intrusion, or visible evidence of mold that you’ve painted or patched over, disclosure is strongly advisable. Post-closing fraud claims over mold are common in Virginia.
What is defective drywall and do I have to disclose it in Virginia?
Sellers in Fairfax County with homes that had significant renovations during that period should consider a professional inspection before listing.
What happens if a buyer discovers a defect I didn’t disclose after closing?
Virginia’s statute of limitations for fraud runs five years from discovery, meaning this exposure doesn’t disappear at the closing table.
Selling in Fairfax County and want to know exactly where you stand before you list? Call or text Cristina at 703-969-0471, or visit www.GetKeyedUp.com to get started.
Cristina Dougherty is a REALTOR® with Paul Wesley Real Estate serving western Fairfax and eastern Loudoun Counties. With 20+ years of experience and 500+ homes sold, she specializes in move-up sellers, downsizing homeowners, and buyers navigating the Chantilly, Herndon, Franklin Glen, and Franklin Farm communities.