Beyond general agency disclosure, Virginia law lists specific conditions and hazards that must be disclosed or that trigger buyer rights. The state portion of the exam tests these heavily — about a quarter of state items relate to disclosure.
Property condition disclosures
- Residential Property Disclosure Statement
- The Real Estate Board form delivered via the seller; the sale is largely 'as is' and the buyer is advised to exercise due diligence and obtain inspections.
- Lead-based paint disclosure
- Federal rule for homes built before 1978; buyers get a disclosure plus a 10-day window to inspect for lead.
- Defective drywall
- Sellers aware of defective (e.g., imported) drywall must disclose it.
- Prior methamphetamine use
- Known prior manufacture of methamphetamine on the property must be disclosed.
Location & environmental disclosures
- Chesapeake Bay Preservation Act
- Property in a designated preservation area may face land-use limits; the disclosure statement notes buyers should check local requirements.
- Military air installation / noise zones
- Disclosure advises buyers to check whether the property is in an aircraft accident potential zone (APZ) or noise zone.
- Resource protection areas & flood
- Buyers are advised to investigate flooding history, dam break inundation zones, and protection areas.
- Septic / onsite sewage
- Known need for repairs or the presence of a system needing future maintenance may require disclosure.
Buyer-beware items Virginia does NOT require disclosing
- Stigmatized property
- Deaths, suicides, or felonies on a property are generally not material adverse facts requiring disclosure under Virginia law.
- Sex offender (Megan's Law)
- Agents are not required to research registries; buyers are directed to the Virginia State Police sex offender registry to investigate themselves.
Common trap: in Virginia, a death or felony in a home (stigma) and registered offenders nearby are NOT facts the seller/agent must volunteer — the buyer is directed to investigate. But physical defects the agent actually knows about must still be disclosed.