Short answer: Sometimes.
Virginia handles seller disclosures a little differently than many people expect.
For most residential sales, Virginia’s standard disclosure is largely a buyer-beware notice. In plain English, the seller generally isn’t filling out a giant checklist making promises about every part of the house.
But that does not mean a seller should assume:
“I know about a problem, so I’ll just keep quiet and let the buyer figure it out.”
There are specific disclosures required in certain situations. Federal rules can apply too. And real estate agents have their own legal duties when they actually know about material problems with the physical condition of a property.
So if you know something is wrong, this is one of those times I’d rather talk about it before the house goes on the market.
Isn’t Virginia a “Buyer Beware” State?
That’s the phrase people usually hear.
And there’s truth behind it.
Virginia’s current Residential Property Disclosure Statement says the owner makes no representations or warranties about the condition of the property and tells purchasers to do their own due diligence, including things like a home inspection. The current DPOR disclosure became effective July 1, 2026. Virginia DPOR
That’s very different from states where sellers complete a long questionnaire answering dozens of questions about the house.
But here’s the part people sometimes miss:
Buyer beware doesn’t mean “anything goes.”
Virginia still has specific situations where written disclosures may be required. Virginia DPOR
What Kinds of Things Can Require a Specific Disclosure?
Virginia DPOR lists several situations where a seller may need an additional written disclosure depending on the property.
Examples include things such as:
- Certain septic-system situations
- Property near a military air installation
- Property previously used for methamphetamine manufacture
- Certain building-code or zoning enforcement actions
- Certain privately owned stormwater facilities
- Certain repetitive-loss structures
- Certain lis pendens situations
That doesn’t mean every seller needs every form.
It means the details of the property matter. Virginia DPOR
And that’s why I don’t like giving sellers a blanket answer of:
“Nope. Virginia is buyer beware. You don’t have to tell them anything.”
That’s too simple.
What If I Know the Roof Leaks?
This is where I slow the conversation down.
There’s a difference between:
“The roof is 18 years old.”
and
“Every time we get a hard rain, water comes through the bedroom ceiling.”
Those are very different facts.
I’m not going to turn a blog post into legal advice and tell you that every specific problem must or must not be disclosed.
But if you know about an active problem that could matter to a buyer, I would not make the decision to stay silent on your own.
Let’s talk about it.
Sometimes the right move is to repair it.
Sometimes we get estimates.
Sometimes we adjust the price.
Sometimes there may be a disclosure requirement.
And sometimes I’ll tell you we need an attorney’s guidance before making that call.
That’s a much better approach than hoping nobody notices.
What Does My Real Estate Agent Have to Disclose?
This part is important.
Virginia law gives real estate licensees their own disclosure duties.
A seller’s agent must disclose to prospective buyers material adverse facts about the physical condition of the property that the agent actually knows about. Virginia Law
So imagine a seller says:
“Jason, there’s been water coming through that wall for two years, but don’t mention it.”
That puts the agent in a very different position.
I’m not going to knowingly give a buyer false information or pretend I don’t know something I actually know.
That isn’t how I do business, and it isn’t how Virginia license law works.
What About an Older Smithfield Home?
This becomes especially important around Smithfield because we have plenty of older homes.
An older home isn’t a defective home.
Old plumbing isn’t automatically bad plumbing.
An older roof isn’t automatically leaking.
An older HVAC system isn’t automatically broken.
But older homes can have issues that sellers have lived with for years and almost stopped thinking about.
Maybe there’s:
- An old electrical repair
- Moisture in the crawl space
- A roof patch
- An older septic system
- A window that leaks in a hard storm
- A foundation repair from years ago
- A room addition with paperwork you’re unsure about
Before listing, I’d rather make a list of what you know and decide what needs attention.
What About Lead-Based Paint?
This is one place where we have a clear federal rule.
For most homes built before 1978, federal law requires sellers to disclose any known information about lead-based paint or lead-based paint hazards and provide buyers with available records and the required lead information. US EPA
That matters in an area with older housing stock.
If your Smithfield home was built before 1978, this is something we handle as part of the paperwork.
Again, this is why saying “Virginia is buyer beware” doesn’t answer every disclosure question.
Federal law still applies.
What If I Already Fixed the Problem?
Good question.
Let’s say you had a plumbing leak two years ago.
You hired a contractor.
The leak was repaired.
The drywall was replaced.
Everything has been fine since.
That’s very different from an active leak you covered with paint last weekend.
I’d want whatever paperwork you have.
Invoices.
Receipts.
Warranties.
Reports.
Photos if they’re useful.
Good records can help us understand what happened and explain it accurately if the issue becomes relevant.
Should I Get a Pre-Listing Inspection If I’m Worried?
Sometimes.
If you know there are several things around the house that concern you, a pre-listing home inspection may help us find out what we’re actually dealing with before a buyer does.
But I don’t automatically recommend one for every seller.
Remember what we’ve talked about before:
Once you know something, now we have information to deal with.
That isn’t necessarily bad.
I’d just rather have a reason for ordering the inspection instead of doing it because somebody on the internet says every seller should.
Should I Repair the Problem Before Listing?
Maybe.
This is really the same conversation we had about making repairs versus selling as-is.
Suppose you know the crawl space needs $2,000 worth of work.
If we can fix it before listing and remove a major buyer objection, that may be money well spent.
On the other hand, spending $25,000 remodeling a perfectly functional kitchen because you think buyers might prefer a different color isn’t the same thing.
I want to separate:
Real problems
from
Things that are simply older or not somebody’s taste.
That can save a seller a lot of money.
What If I Don’t Say Anything and the Buyer Finds It During Inspection?
That usually makes the conversation harder.
Now the buyer may be wondering:
“Did the seller know about this?”
Even when the answer is completely innocent, trust can start disappearing pretty quickly.
And once buyers become suspicious, every little thing can start looking bigger.
I’d rather deal with known issues thoughtfully up front than spend the transaction trying to explain why something was never mentioned.
And if the buyer does find something, that may lead directly into a repair negotiation.
A Simple Way I’d Look at Known Problems
| Situation | What I’d Do First |
|---|---|
| Older but working system | Gather age and maintenance information |
| Known active leak or defect | Talk through repair, pricing and disclosure questions before listing |
| Septic concern | Review records and decide whether further evaluation makes sense |
| Pre-1978 home | Make sure federal lead disclosure requirements are handled |
| Old repaired problem | Gather invoices, reports and repair records |
| Unsure whether something legally must be disclosed | Get the right legal guidance rather than guessing |
The goal isn’t to scare sellers.
It’s exactly the opposite.
Good information gives you options.
When Do Buyers Receive Virginia’s Disclosure Information?
Virginia law generally requires the seller to provide disclosures required under the Residential Property Disclosure Act before the purchase contract is ratified. Virginia Law
That’s another reason I want this sorted out early.
I don’t want to be scrambling for documents after somebody has already written an offer.
What I’d Tell a Smithfield Seller Sitting Across the Table From Me
If you know something is wrong with the house, tell me.
Don’t assume it’s a disaster.
And don’t assume you need to spend thousands fixing it tomorrow.
Just tell me what you know.
Then we can figure out the next step.
Maybe we repair it.
Maybe we get an estimate.
Maybe we leave it alone.
Maybe we need a particular disclosure.
Maybe we need legal advice.
What I don’t want to do is build our selling strategy around hoping the buyer doesn’t discover something.
That’s usually where small problems turn into big ones.
Thinking About Selling Your Home?
If you’re thinking about selling in Smithfield, Isle of Wight, Carrollton, Suffolk or elsewhere in Hampton Roads and there’s something about the property you’re worried buyers may notice, ask me.
Call or text me at 757-880-7061 or email me at [email protected].
Tell me what’s going on.
I’m happy to talk through it with you before you spend money, order inspections or put the house on the market.
Jason Goodin
Principal Broker
Virginia 1st Realty Group
Frequently Asked Questions
Does a Virginia home seller have to fill out a full property-condition checklist?
Virginia’s standard Residential Property Disclosure Statement is primarily a buyer-beware notice rather than a detailed condition questionnaire. Specific additional disclosures may still be required depending on the property and circumstances. Virginia DPOR
Does “buyer beware” mean a seller never has to disclose anything?
No. Virginia law has specific affirmative disclosure requirements in certain situations, and other state or federal laws can also apply. Virginia DPOR
Does my real estate agent have to disclose a known problem?
Virginia law requires a seller’s real estate licensee to disclose material adverse facts about the property’s physical condition that the licensee actually knows about. Virginia Law
Do I have to disclose lead-based paint?
For most housing built before 1978, federal law requires sellers to disclose known information about lead-based paint or lead hazards and provide required information and records to the buyer. US EPA
Should I repair a known issue before selling?
Sometimes, but not automatically. I’d first consider the seriousness of the problem, cost of repair, effect on buyers, pricing and whether the issue may affect financing or the transaction.
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