Virginia Transaction Law: Disclosure, Landlord-Tenant, and Fair Housing
Virginia licensees must follow several transaction-related laws, including residential disclosure, utility-damage prevention, landlord-tenant law, and fair housing. This chapter summarizes these state-specific rules.
Residential Property Disclosure
Virginia generally follows a buyer-beware disclosure approach, in which the seller provides a Residential Property Disclosure Statement notifying the buyer that the buyer should exercise due diligence, rather than a lengthy list of warranted conditions. Certain specific disclosures still apply. Licensees must ensure the required statement is provided and must not help conceal known material defects, which would be misrepresentation.
Underground Utility Damage Prevention and Landlord-Tenant
Virginia's Underground Utility Damage Prevention Act requires notifying the notification center (call before you dig) before excavation to prevent damage to underground lines, which can matter for new construction and site work. The Virginia Residential Landlord and Tenant Act governs residential leases, security deposits, and the duties of landlords and tenants, which brokers who handle rentals or property management must understand.
Fair Housing
The Virginia Fair Housing Law, alongside the federal Fair Housing Act, prohibits discrimination in housing based on protected characteristics, including the classes recognized under Virginia law. Licensees may not steer, refuse service, or advertise a discriminatory preference. The broker is responsible for ensuring the firm's practices and advertising comply, and fair-housing violations are a serious basis for discipline.