What Does A Seller Have To Disclose
What Sellers Have To Disclose When Selling a Home in Virginia
Welcome back to our blog! In this edition, we’re discussing a topic of immense importance for both home sellers and buyers: what sellers are legally required to disclose when selling a home in Virginia. The state has a range of legal requirements that you might not be aware of, as well as some surprising exceptions.
Before diving in, it’s important to clarify that this blog post is not a substitute for professional legal advice. Always consult with an attorney for questions about disclosures or any other legal issues related to real estate.
Virginia’s Residential Property Disclosure Act
Virginia has a specific set of laws called the Residential Property Disclosure Act that sets the framework for what must be disclosed. These rules are intended to protect the buyer from potential hidden issues that could affect the home’s value or the buyer’s quality of life.
Disclosure Requirements for New Constructions
If you’re selling a new construction property, the law stipulates that you must disclose whether the property is in compliance with the Virginia Uniform Statewide Building Code or has been issued a certificate of occupancy.
Disclosures about Mining Operations
For homes near mining operations, sellers are required to disclose if the property is affected by the operations, such as vibrations, sound, etc.
Disclosures for Properties Near Military Installations
Virginia law also requires disclosure if the property is located in a noise zone or accident potential zone due to proximity to a military air installation.
Building Code or Zoning Ordinance Violations
Sellers must disclose any building code or zoning ordinance violations that they are aware of.
Property Used for Production of Methamphetamines
If a property was ever used for the production of methamphetamines, this must be disclosed as well.
Privately Owned Stormwater Facilities
For properties with privately owned stormwater facilities, sellers are required to make this known to potential buyers.
Septic Waiver Disclosures
If the property is served by a septic system that has a waiver on file with the Virginia Department of Health, this too must be disclosed.
Repetitive Flood Law
The seller must disclose if the property has been repetitively damaged by flooding.
Pending Lawsuits (Lis Pendens)
If there are any pending lawsuits against the property, the seller has an obligation to disclose them.
Duty to Disclose Ownership Interest
If the seller has a financial or ownership interest in the brokerage, that should be disclosed as well.
What You Don't Have to Disclose
Interestingly, Virginia law does not require sellers to disclose if the property was the site of a homicide, suicide, or any other felony. Also, there’s no requirement to disclose deaths due to natural causes, accidents unrelated to the property, or deaths from causes unknown.
Understanding what must be disclosed when selling a home in Virginia is crucial for a smooth transaction. Make sure to consult with a real estate agent or attorney to ensure that you’re in compliance with state laws.
If you have questions about your home's value, the selling process, or the buying process, feel free to reach out. We’re always here to assist you.