8 Things Virginia Home Sellers Don’t Have to Tell a Buyer

Virginia’s Real Estate Board maintains a home-sale disclosure form, and it lists 19 topics a seller can legally skip.

These are the things a Virginia home seller doesn’t have to mention before the sale closes.

Note: This is general information, not legal advice. Disclosure requirements and required forms are subject to change, so confirm the current requirements with the Virginia Real Estate Board.

1. Sex Offenders Living Nearby

Virginia’s home-sale disclosure statement gives sex offenders their own numbered line, and the seller’s entire job is to check “no representations” next to it.

Nothing more.

The state’s disclosure statute spells out that an owner makes no representations about anyone registered under Virginia’s sex offender law, and a buyer has no legal right to expect otherwise.

The Virginia State Police runs a public registry searchable by zip code, and it’s the only way a buyer finds out who lives nearby.

Nobody at the closing table brings it up first.

2. Sitting in a Flood Zone

Here’s what Virginia’s disclosure form says about flood risk: Nothing.

The form states the owner makes no representations about whether the home sits in a special flood hazard area, the zones that can force a mortgage lender to require flood insurance.

That’s the whole point.

A buyer has to dig that up alone, through a lender’s flood certification or the Federal Emergency Management Agency’s own flood maps.

Flood insurance isn’t cheap once a lender flags the address, and skipping the search beforehand can turn into a surprise bill right before closing.

3. Where Your Lot Lines Fall

Virginia sellers make no representation about where the property’s lot lines fall, or whether a buyer will even be allowed to add a garage or a deck later.

That surprises people.

A fence, a hedge, or an old survey pin can all be wrong, and the seller’s disclosure form doesn’t promise any of them are accurate.

The buyer has to order a fresh survey and call the locality directly about zoning setbacks, lot coverage, and height limits before assuming an addition is even possible.

The seller isn’t required to know, let alone say.

4. Septic System’s Condition

What does Virginia’s disclosure form say about a home’s septic system?

Nothing at all.

The disclosure form makes no representation about the type of system, its maintenance history, or what pumping and repairs might cost down the road.

A home’s wastewater setup can stay a mystery under Virginia’s law, right down to whether it’s a septic tank at all.

A failed drain field can run thousands of dollars to replace, and the buyer’s own inspector is the only one who’ll catch it before closing.

5. High Radon Risk

Virginia doesn’t require a seller to say whether the home sits in one of the state’s high-radon zones, even in counties the state’s own health department flags as risky.

Loudoun County is one of them.

Still not disclosed.

The state’s health department says Loudoun should carry a high-risk rating instead of a moderate one, based on test results collected since the original Environmental Protection Agency map came out.

A radon test costs far less than the awkward conversation of asking a seller directly.

6. Lead in the Pipes

The federal Environmental Protection Agency finalized a 2024 rule that pushes water utilities nationwide, Virginia’s included, to replace lead service lines by 2037.

That timeline only covers the pipe running to the house.

Virginia’s disclosure form makes no representation about whether the pipes, fittings, or solder inside the walls meet the federal “lead free” standard.

Older homes carry more risk.

A seller can leave that part out completely.

7. Drywall’s Hidden History

Virginia gave “defective drywall” its own legal definition after a wave of imported Chinese drywall released a rotten-egg smell in thousands of homes.

The seller stays silent.

State law defines defective drywall as material with excess sulfur content, mostly tied to drywall imported between 2004 and 2007, that corrodes wiring and appliances over time.

The disclosure form makes no representation about whether a home ever had it installed.

A musty, sulfur smell near the outlets is the buyer’s own problem to catch.

8. Special Tax Districts

Virginia sellers don’t have to disclose that a home sits inside a Community Development Authority, a special district that can add its own tax on top of the county’s regular rate.

That add-on adds up fast.

Henrico County’s GreenCity II district levies an extra $0.25 per $100 of assessed value on top of the county’s own $0.83 rate, roughly 30% more in property tax for homes inside that district.

A buyer who never asks could open their first tax bill and wonder what happened.

The seller has no duty to warn them.

What Sellers Must Disclose

Virginia’s Residential Property Disclosure Act isn’t a blank check for sellers, even with all those exemptions.

A few things still count.

An owner who has actual knowledge of a pending building code or zoning violation the locality already flagged in writing has to disclose it too, on a form the Real Estate Board provides.

Sellers must also say if a home was once used to manufacture methamphetamine and was never cleaned up under state guidelines, and homes near a military air installation carry their own required notice.

The Fraud Exception

Selling a Virginia home “as is” doesn’t erase every legal duty a seller has toward a buyer.

Far from it.

A Virginia real estate agent carries a duty of their own under the REALTOR Code of Ethics: Passing along known material defects to a buyer, even ones the seller didn’t disclose.

Virginia’s own licensing rules require it too: An agent who hides a material fact about a property’s physical condition can face discipline from the state’s Real Estate Board.