Virginia real estate law is built on caveat emptor—buyer beware. Sellers don’t have to disclose most defects, which means inspections matter more here than in most states. Inspections are your best chance to uncover hidden risks, but they don’t guarantee repairs. Understanding what inspectors look for, what they miss, how costs vary, and how loan types and seasons affect timing helps buyers make smarter decisions. In Virginia, inspections aren’t optional—they’re the foundation of an informed purchase.
Why does Virginia follow “buyer beware”?
Virginia requires sellers to give buyers a Residential Property Disclosure Statement that makes no promises about condition. Instead, it explicitly tells buyers to investigate the property themselves. This structure reflects Virginia’s long tradition of emphasizing personal responsibility in real estate transactions.
What are the disclosure exceptions?
A few exceptions exist. Sellers must disclose:
- Lead-based paint in pre-1978 homes (EPA)
- Meth contamination if not remediated
- Military accident/noise zones
- HOA/condo rules and fees (Virginia Code § 55.1-1808)
- Flood risks in FEMA hazard zones (FEMA)
- Septic system details when applicable
Everything else—roof leaks, foundation problems, electrical issues—is up to buyers to discover.
Can sellers be held accountable for hiding problems?
Sellers can be liable if they commit fraud by actively concealing or misrepresenting defects. Virginia courts distinguish between nondisclosure (allowed) and concealment (illegal). For example, if a seller paints over water stains to mislead a buyer, that may constitute fraud. However, if the water stains were visible and the buyer skipped inspection, courts may be less likely to side with the buyer.
What this means for buyers
- Fraud is hard to prove. Buyers must show intentional concealment, not just silence.
- Documentation matters. Ask targeted written questions (e.g., “Has the HVAC been replaced since 2010?”), request repair permits, and save inspection reports.
- Specialist inspections help. If the home suggests risk—like visible cracks or an aging septic—hire experts.
Legal tools exist beyond fraud claims:
- Virginia Consumer Protection Act provides remedies for deceptive practices in limited cases.
- Statute of limitations for fraud is typically two years from discovery.
- Small claims court can resolve disputes under $5,000, including inspection-related conflicts.
Who regulates inspectors in Virginia?
The Virginia Real Estate Board under DPOR licenses inspectors. Requirements include passing the National Home Inspector Exam, carrying liability insurance, and completing continuing education (DPOR). Inspectors must also retain reports for set periods and are subject to complaint investigations.
Many inspectors follow professional standards from the American Society of Home Inspectors (ASHI), National Association of Home Inspectors (NAHI), and Virginia Association of Home Inspectors (VAHI). These standards shape how inspections are performed and interpreted, giving buyers more consistency across providers.
What do inspections cover—and what do they miss?
Inspections are visual and non-invasive. They cover roofs, attics, foundations, plumbing, electrical, HVAC, windows, and built-in appliances. They flag safety hazards, signs of damage, and maintenance needs.
But inspections don’t cover everything. Inspectors won’t open walls, scope underground pipes, pump septic tanks, clean HVAC ducts, or fully inspect pools and chimneys. Buyers should budget for specialists when properties include these features.
How much do inspections cost?
A typical inspection costs $350–$800, varying by region, according to HomeAdvisor:
| Region | Typical Cost | Add-on Priority |
|---|---|---|
| Northern Virginia | $500–$800 | Radon, Termite |
| Richmond Metro | $400–$600 | Lead, Asbestos |
| Hampton Roads | $400–$650 | Moisture, Flood |
| Rural Virginia | $300–$450 | Septic, Termite |
| Charlottesville/Albemarle | $400–$650 | Radon, Historic Homes |
| Roanoke Valley | $350–$550 | Drainage, Foundation |
| Winchester/Frederick County | $350–$500 | Septic, Well |
| Virginia Beach | $400–$700 | Flood, Wind Damage |
| Williamsburg/Historic Triangle | $450–$700 | Lead, Asbestos |
Add-ons worth considering
- Radon: Northern Virginia is EPA Zone 1 (highest risk).
- Termite: Nearly universal in humid Virginia.
- Septic: Required for rural homes; overseen by Virginia Department of Health.
- Mold: Crucial for crawl spaces and flood-prone areas.
How do inspections fit into negotiations?
Virginia’s buyer-beware framework limits repair leverage. In disclosure-heavy states, inspection findings often force sellers to act. Here, sellers can simply refuse. Your options depend on contract type:
- Full contingency: Request repairs or credits, or walk away.
- Void-only contingency: Cancel if major issues arise, but no repair demands.
- Waiver: Proceed as is; inspection may still be done for information.
Even without leverage, inspections matter. They let buyers decide whether to renegotiate, budget for repairs, or walk away before closing.
How do loans and property types affect inspections?
Financing and property type influence how inspections play out:
- FHA/VA loans: Appraisers may flag issues like peeling lead paint, missing handrails, or roof damage. Repairs must be completed before loan approval.
- Historic homes: Common in Charlottesville, Williamsburg, and Richmond, these may require asbestos, lead, or wiring checks, with added preservation limits.
- New construction: Builders provide warranties, but buyers should order an 11-month inspection before warranty expiration.
Understanding these contexts helps buyers prioritize which inspections to order.
What protections exist beyond inspections?
Inspections are central, but buyers should also consider:
- Title insurance for ownership disputes.
- Home warranties for systems/appliances post-purchase.
- Property condition addenda to clarify inspection rights.
- Comparative market analysis (CMA) to gauge leverage in negotiation.
Together, these protections help buyers balance risk in a buyer-beware environment.
The bigger picture: Why inspections matter more here
In most states, buyers can lean on disclosure laws to protect them. In Virginia, the law leaves most of the responsibility with the buyer. That’s why inspections aren’t just a box to check—they’re your main line of defense. They won’t force sellers to fix problems, but they give you the information you need to make a choice: negotiate if possible, budget and move forward, or walk away. In a state where sellers disclose little, inspections matter more.
Disclaimer
This article is for informational purposes only and is not legal advice. Buyers should consult with a licensed attorney or real estate professional for guidance specific to their situation.
