The Virginia Residential Property Disclosure Act (VA CODE 55.1-700 ET SEQ) – What Real Estate Buyers Should Know

 Posted on June 04, 2025 in Real Estate

The Virginia Residential Property Disclosure act is a statutory scheme enacted by the General Assembly of Virginia that requires a seller of real estate in Virginia to "furnish to a purchaser a residential property disclosure statement for the buyer to beware of certain matters that may affect the buyer's decision to purchase such real property" Va Code 55.1-703. The act essentially codifies the caveat emptor standard under Virginia law regarding matters within the scope of its disclosure.

This article will discuss the respective rights and remedies of buyers and sellers with respect to issues related to the VRPDA.

Applicability of the Virginia Residential Property Disclosure Act.

          Under Va. Code § 55.1-701, the VRDPA applies to any transaction related to the "transfers by sale, exchange, installment land sales contract, or lease with option to buy of residential real property consisting of not less than one nor more than four dwelling units, whether or not the transaction is with the assistance of a licensed real estate broker or salesperson." In other words, the VRDPA applies to sales, or leases with an option to buy, of residential real estate, regardless of whether a real estate broker is used.

Statute of Limitations (Virginia Code 55.1-713): 

          The statute of limitations for any actions concerning violations of this Act begins to run one year from the date the buyer received the applicable disclosures. In the event that the disclosures were not delivered, then the statute of limitations begins to run one year from the date of settlement. See Va Code 55.1-713(C).

What Does the VRDPA Require from Sellers of Residential Real Estate.

          In every applicable real estate transaction, the seller must provide the buyer with a VRDPA disclosure cautioning the buyer to beware of certain matters regarding the contemplated sale. These requirements are codified under Virginia Code 55.1-703 (Required disclosures for buyer to beware; buyer to exercise necessary due diligence.), and exempt the seller from making any representations or warranties with respect to such matters. It is well-established in Virginia that sellers cannot be found liable for matters covered by the scope of the disclosure. Davis v. Relocation Properties Management. LLC, 53 Va. Cir. 215 (2000). In Davis, the court dismissed a breach of contract claim on demurrer because "[seller] complied with the [VRPDA] by making an appropriate disclaimer in the contract itself." Davis, 53 Va. Cir. at 219. As a result "of the plain, clear and unambiguous language of the parties’ written Contract," the buyer in Davis could not recover. Id at 218.

Furthermore, the VRDPA specifically cautions the buyer to "exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection … and a residential building energy analysis […]." This language is important because it essentially places the onus of any due diligence on the buyer in a residential real estate transaction in Virginia.

The following chart summarizes some of the primary duties of both buyers and sellers in a residential real estate transaction.

If you have any questions regarding this matter, please call your real estate lawyers at Fox & Moghul, 703-652-5506. We can help.