This form is a Seller's Disclosure Statement for use in a residential sales transaction in Virginia. The Disclosure is used by the Seller, in order to disclose conditions on the property.
Virginia Residential Real Estate Sales Disclosure Statement
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FAQ
Virginia is a caveat emptor (buyer beware) state. This essentially means that the responsibility for conducting a thorough inspection of the property that is contemplated to be purchased is on the Buyer.
If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.
You will need to include information about all appliances in the home, including which are included in the sale as well as whether they are operational. You will also need to disclose any room additions, damage, or neighborhood noise problems.
One question all sellers are required by law to answer on the Real Estate Transfer Disclosure Statement is whether there are any neighborhood noise problems or other nuisances. If the answer is yes, the seller must explain that answer in detail.
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
Sellers have to disclose any occupants (ie boyfriend, grandparent), who should also sign the contract. Sellers must disclose any official letters that have been received. And it is advisable to disclose any planning matters relating to the house or the neighbourhood.
In many states, the law requires a home seller to disclose to a potential buyer any problems or defects known about the home. In Virginia, however, the seller is obligated only to provide the buyer with a Residential Property Disclosure Statement, (Code of Virginia § 55-519), which contains minimal information.
