What Home Sellers Should Know About Disclosures

If you're getting ready to sell a home in Virginia, one of the most important things to understand is the disclosure process. Real estate disclosures aren't the most exciting part of selling a house, but they help keep things fair and transparent for everyone involved. Virginia, like every state, has its own rules about what sellers must share with potential buyers. Don't worry though, we're here to break it down for you.

First things first: Virginia is considered a "buyer beware" state. That means the responsibility is mostly on the buyer to inspect the property and learn about any issues before closing the deal. However, this doesn't mean sellers can stay silent about everything. You still have to provide certain disclosures, and skipping them can lead to delays or even legal trouble down the road.

Instead of listing every defect or detail about your home, Virginia law requires that you provide a Residential Property Disclosure Statement. This form, issued by the Virginia Real Estate Board, tells buyers that it’s their job to research the property's condition. As the seller, you're not promising the home is perfect, but you're officially letting the buyer know they need to do their own due diligence.

That said, there are a few things you do have to disclose directly. For example, if your home is located in a historic district, or if there's a known defective drywall issue, you must say so. The same goes for if your property is in a stormwater management district or if it has been used to manufacture methamphetamine (yes, that’s really on the list).

Also, if you know the property has a septic system, or if it’s in a designated dam break inundation zone, that information must be shared. These disclosures help protect buyers from surprises and give them a better picture of the property before moving forward. Keep in mind that the disclosure form needs to be delivered to the buyer before a purchase agreement is signed. If it’s delivered late, the buyer could cancel the contract without penalty. That’s a simple paperwork mistake that can cost you a deal, so timing really matters.

While you're not expected to be a home inspector or construction expert, it’s a good idea to be honest and up front. If a buyer finds out you hid something important, it could lead to legal issues even in a buyer-beware state like Virginia. Plus, being transparent builds trust and often helps the transaction go more smoothly.

So what can you do to stay on the safe side? First, review the disclosure form carefully and fill it out truthfully. Second, if you’re unsure whether something needs to be disclosed, ask your real estate agent. They can help you navigate the process and avoid common mistakes. And finally, remember that being proactive with disclosures doesn't just protect the buyer—it protects you, too.

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Selling a home comes with a lot of moving parts, but you don’t have to figure it out alone. We're here to make the process a little easier, one step at a time