If you moved to Virginia from Maryland or DC, this one surprises people. Virginia is a buyer-beware (caveat emptor) state. Unlike its neighbors, Virginia does not make sellers fill out a detailed condition report listing every defect they know about. Instead, sellers in Alexandria and everywhere else in the Commonwealth give you a disclosure statement developed by the Virginia Real Estate Board, and that statement expressly makes no representations or warranties about the home's condition.
So what does the form actually do? It points you to the Virginia Department of Professional and Occupational Regulation's Residential Property Disclosures webpage, which lists the topics the state wants you to know about: things like flood zones, radon, septic systems, and dam break inundation zones. The seller isn't vouching for any of it. The form's plain message: do your own homework, including a home inspection, before you reach the closing table. In Arlington and Springfield, that means the inspection contingency in your contract is doing the real protective work, not the disclosure form.
Timing matters too. The statement has to be in your hands before the contract is finalized; deliver it late and the buyer can walk away or come back with a claim later. There are a couple of narrow exceptions worth knowing. Builders selling brand-new homes must put known material defects in writing, a stricter standard than resale sellers face. And the disclosure requirement doesn't apply to some transfers at all, like court-ordered sales or transfers between close family members. None of that replaces your inspection.
One more thing buyers misunderstand: "as is" doesn't mean "immune." The disclosure form is not a license for a seller to hide a cracked foundation or lie about water in the basement. Active concealment and fraud are a different legal matter. But proving concealment after closing is expensive and uncertain, which is exactly why Virginia buyers shouldn't waive inspections casually. Bring a sharp agent, bring a thorough inspector, and read the disclosure statement for what it is: a signpost, not a safety net.
FAQ
Does "as is" in Virginia mean I have no recourse if I find problems after closing?
Not exactly. The disclosure form doesn't promise the home's condition, but sellers still can't actively conceal known defects or lie about them. Fraud is a separate legal matter. That said, proving concealment after closing is difficult, which is why a thorough inspection before closing is the best protection.
Do Virginia sellers have to disclose a death in the home?
Virginia law doesn't single out deaths on the property as a required disclosure. The state's disclosure form focuses on physical and environmental topics like flooding, radon, and septic systems. If a stigma concern matters to you, ask your agent how to address it in the contract.
What about new construction, do builders have to disclose defects?
Yes. Unlike resale sellers, builders of new homes in Virginia must disclose known material defects to the buyer in writing. If you're buying new construction, review the builder's disclosures carefully alongside your own inspections.
Can I still get an inspection if the seller gave me the disclosure form?
Absolutely, the form itself recommends it. The disclosure statement is not a substitute for a home inspection. Your contract's inspection contingency is the tool that lets you investigate the home's condition and negotiate repairs or walk away.