Key Takeaways
- Virginia is buyer-beware: the state form says the owner makes no representations about condition and lists what the buyer should check.
- The list grew in 2026: 19 items now, including military ground installations, and a 20th on roll-back taxes from January 1, 2027.
- A few things you must still disclose: pending code or zoning violations, a lis pendens, and repeated flood claims, among others.
- As-is never covers fraud: a buyer can still sue over an intentional misrepresentation.
- Harrisonburg, Virginia specifics: flooding outside FEMA maps, a pre-1985 asbestos rule for renovations, and no local historic district review.
Virginia seller disclosure requirements run the opposite way from most states. Elsewhere, a seller often fills out a long questionnaire about the roof, the basement, and the furnace. In Virginia, the seller hands over a state form that tells the buyer to find those things out. If you are selling a house as-is in Harrisonburg, Virginia, that rule shapes almost every step.
This guide covers the statute in its current and 2027 versions, what you still must disclose, and the local rules a Harrisonburg buyer will check. It ends with the math on a listed sale against a cash offer.
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Let's chatWhat Are Virginia's Seller Disclosure Requirements?
Virginia requires a seller to give the buyer one state form, the Residential Property Disclosure Statement, and that form disclaims the condition of the house instead of describing it. The rule sits in the Virginia Residential Property Disclosure Act (Va. Code § 55.1-703). Item 1 says the owner "makes no representations or warranties as to the condition of the real property." The buyer is advised to do their own due diligence, including a home inspection.
The Act covers sales of houses with one to four units "whether or not the transaction is with the assistance of a licensed real estate broker" (Va. Code § 55.1-701). A sale by owner and a direct cash sale both need the statement. The Real Estate Board posts the current DPOR disclosure statement (PDF), marked effective July 1, 2026.
What buyer-beware means in practice
You do not have to volunteer that the water heater is old. The buyer is expected to inspect and ask. Virginia is one of six states commonly considered to follow buyer-beware, and it appears unique in using a list-based form (Virginia Housing Commission, October 2026). A careful buyer prices the cost of discovery into the offer.
The Statement Items: 19 Today, 20 in 2027
The statement in force today lists 19 matters the buyer should investigate, and the version effective January 1, 2027 adds a 20th. Each says the owner makes no representation and the buyer should check.
| No. | Item | What it means | On the form since |
|---|---|---|---|
| 1 | Condition | No promise on condition, recorded covenants, or mineral rights. Buyer should get an inspection. | Pre-2026 |
| 2 | Lot lines | No promise on boundaries or room to build. Buyer should get a survey. | Pre-2026 |
| 3 | Adjacent parcels | No promise on zoning or allowed uses next door. | Pre-2026 |
| 4 | Historic districts | No promise on local historic district rules. | Pre-2026 |
| 5 | Chesapeake Bay areas | No promise on resource protection areas. | Pre-2026 |
| 6 | Sex offender registry | Buyer checks the state registry. | Pre-2026 |
| 7 | Dam break zones | Buyer checks local inundation maps. | Pre-2026 |
| 8 | Wastewater | No promise on a septic system or pump-out costs. | Pre-2026 |
| 9 | Solar | No promise on the right to install solar collectors. | Pre-2026 |
| 10 | Special flood hazard areas | Buyer checks FEMA maps and flood insurance needs. | Pre-2026 |
| 11 | Conservation easements | No promise on conservation or other easements. | Pre-2026 |
| 12 | Community development authorities | No promise on special district assessments. | Pre-2026 |
| 13 | Marine clays | No promise on marumsco soils. Buyer may order a soil analysis. | Pre-2026 |
| 14 | Radon | Buyer checks the EPA radon zone map and may test. | Pre-2026 |
| 15 | Lead pipes | No promise that plumbing meets the federal "lead free" standard. | Pre-2026 |
| 16 | Defective drywall | No promise about defective drywall. | Pre-2026 |
| 17 | Impounding structures | No promise about a dam on the lot or one a required association owns. | Pre-2026 |
| 18 | Airport noise | No promise on nearness to a public use airport. | Pre-2026 |
| 19 | Military ground installations | No promise on nearness to a military ground installation or its effects. | July 1, 2026 (SB 577) |
| 20 | Use-value assessment and roll-back taxes | A change in use can trigger roll-back taxes and interest. | January 1, 2027 (SB 649) |
Items 4 and 10, historic districts and flood maps, matter most in Harrisonburg. Both come up again below.
What Changed in 2026, and What Changes in 2027?
Three 2026 laws touch the statement: one added an item on July 1, 2026, one adds an item on January 1, 2027, and one ordered a review that has now reported.
SB 577: military ground installations
Senate Bill 577 (2026 Acts chapter 510) added item 19 on "the property's proximity to any military ground installation." It took effect July 1, 2026, and the current DPOR form carries it.
SB 649: roll-back taxes
Senate Bill 649 (chapter 309) takes effect January 1, 2027. Item 20 warns that land taxed at a lower use value "may be subject to roll-back taxes and interest" if its use or zoning changes. A settlement agent who knows the land is in a land-use program must also give the buyer a written notice before settlement and get a signed acknowledgment.
HB 1518: the Housing Commission review
House Bill 1518 (chapter 871) told the Virginia Housing Commission to review § 55.1-703 by October 1, 2026. The Commission posted its report, dated October 1, 2026. It recommends:
- An itemized chart in simpler language.
- One document, signed before ratification, in place of the separate notice and acknowledgment.
- Opening language explaining that the statute "does not permit seller fraud."
- Easements added to item 2, and a new item on nearness to data centers.
Draft legislation goes to the full Commission on November 9, 2026. Nothing changes for sellers until the General Assembly acts.
Do I Have to Disclose Defects in Virginia?
In most cases no, but Virginia requires written disclosure of a few specific problems you know about, and the buyer-beware rule never protects fraud.
The written disclosures that still apply
If you have actual knowledge of any of these, you must disclose it on a Real Estate Board form. The first three apply even to otherwise exempt sales.
- A pending building code action, or an unremedied zoning violation, the locality has notified you about in writing (Va. Code § 55.1-706).
- A lis pendens, meaning a recorded notice of a lawsuit, against the house (Va. Code § 55.1-706.1).
- Past methamphetamine production without a proper cleanup (Va. Code § 55.1-708).
- A private stormwater facility and its upkeep rules (Va. Code § 55.1-708.1).
- Two or more flood insurance claims over $1,000 within any rolling 10 years (Va. Code § 55.1-708.2).
No claim arises for failing to disclose a past homicide, felony, or suicide in the house (Va. Code § 55.1-713).
What "as is" does not excuse
As-is wording does not shield fraud. Virginia common law lets a buyer sue for fraud or misrepresentation, such as lying about a known defect or hiding it on purpose. The Act also preserves remedies for an owner's "intentional or willful misrepresentation of the condition of the subject property" (Va. Code § 55.1-713).
You may stay silent on condition, but do not paint over a water stain, and answer direct questions truthfully. For a required item you cannot answer, you may say it is unknown. You must also disclose any material change before settlement (Va. Code § 55.1-711).
The federal lead paint rule for pre-1978 houses
Federal law adds its own rule for most houses built before 1978, and buyer-beware does not override it. Before the buyer signs, the seller gives the EPA lead pamphlet, discloses known lead-based paint and any reports, and includes a Lead Warning Statement. The buyer also gets a 10-day chance to test, which can be waived (EPA, Real Estate Disclosures About Potential Lead Hazards).
Late Statements and Exempt Sales
If the buyer gets the statement after the contract is ratified, the buyer's sole remedy is to terminate, and only within a short window (Va. Code § 55.1-709). The buyer can cancel in writing before the earliest of:
- Three days after delivery in person or by electronic delivery, or five days after a mailing's postmark.
- Settlement, or the buyer moving in.
- A qualifying mortgage application or a separate signed waiver.
The buyer pays no penalty and gets the deposit back. A damages claim generally must be brought within one year (Va. Code § 55.1-713).
Sales the Act does not cover
Exempt transfers include (Va. Code § 55.1-702):
- Court-ordered sales, foreclosures, and deeds in lieu.
- Sales by a fiduciary administering an estate or trust.
- Transfers among co-owners, family members, or divorcing spouses.
- Tax sales, government transfers, and a builder's first sale.
An executor may fit the fiduciary exemption. Our guide to selling an inherited house in Harrisonburg explains how title passes at death.
Selling a House As-Is in Harrisonburg: What Buyers Check
A Harrisonburg buyer will look hard at flooding, renovation permits, and code notices, and each one shapes what that buyer can pay.
Item 10 and flooding off the FEMA map
Item 10 only sends the buyer to special flood hazard areas, and FEMA maps miss some of the city's water. First Street data on Redfin finds "437 properties in Harrisonburg are likely to be severely affected by flooding over the next 30 years," about 4% of the total (Redfin, October 2026).
The city's Northeast Neighborhood drainage page says the area around Hill, Rock, and East Elizabeth Streets sits outside the FEMA mapped floodplain yet floods. In heavy storms, "flooding flows over yards and enters basements." The city rated the May 6, 2024 storm a 100-year event. A wet basement is not a required disclosure, but repeated flood claims are.
Pre-1985 asbestos and contractor licensing
The city's Building Inspections page requires an asbestos inspection certificate before renovating or demolishing a structure built before January 1, 1985. It also requires a contractor license for anyone "performing alterations or house flipping" that needs a permit. A buyer planning work budgets for both, one reason an as-is price sits below a renovated one.
No local historic district review
Item 4 sends buyers to local historic district rules, but the city's Comprehensive Plan, chapter 9 says "The City does not administer any local historic districts." National Register listing in Old Town and Downtown "brings no regulatory requirements for property owners."
The 2021 Property Maintenance Code
Harrisonburg enforces the 2021 Virginia Property Maintenance Code, according to the city's tenant resources page. That code is part of the Uniform Statewide Building Code. If the city has sent written notice of a pending enforcement action, § 55.1-706 requires you to disclose it, even as-is. See selling a house that needs major repairs for how condition affects a sale.
Listed As-Is or a Direct Cash Offer?
A listed as-is sale can bring a higher gross price, while a direct cash offer trades some price for fewer steps, no repairs, and a closing date you choose.
Harrisonburg moves quickly. Redfin reports a median sale price of $317,290, up 6.4%, and a median of 13 days on market (Redfin, three months ending August 2026). Separately, the Zillow Home Value Index is $354,251, up 3.5% (Zillow ZHVI, August 2026). Our Harrisonburg housing market 2026 guide has more.
| Factor | Listed as-is sale | Direct cash offer |
|---|---|---|
| Time | Listing prep, days on market, then a financed buyer's closing period | Can close in as few as 7 days, often on the date you pick |
| Repairs | Buyer inspects; repair requests or a price cut can follow | None; condition is priced in up front |
| Showings | Photos, showings, and open houses | Typically one walkthrough |
| Commission (illustrative, $317,290 sale) | At 5% to 6%, about $15,865 to $19,037 | $0 |
| Grantor tax (illustrative) | About $318, paid by the seller unless agreed otherwise | About $318 on the same price, same rule |
| Financing risk | Appraisal and loan approval can delay or end the deal | No loan or appraisal |
| Disclosure statement | Required | Required |
Figures are illustrative, not an offer. Grantor tax is 50 cents per $500 of price (Va. Code § 58.1-802).
Propcash is a direct cash homebuyer that makes offers as a principal. A Propcash offer prices the house as it stands and shows the reasoning: recent Harrisonburg sales, the repairs we see, and what they may cost. The offer stands while you compare, with no aggressive follow-up. It is free to request a written cash offer, or read how a Harrisonburg cash sale works.
If listing fits your house better, we will say so and can point you to a local agent. We may receive compensation from agents we refer. Other cities are on our Virginia cash offer page.
Why wait? Sell your house “as is” for cash today
Tell us about your house. We'll make you a cash offer based on local market data.
Let's chatFrequently Asked Questions
Do I have to disclose defects when I sell a house in Virginia?
You usually do not have to disclose defects when you sell a house in Virginia, because Virginia is buyer-beware, and the disclosure statement says the owner makes no representations about the condition of the house (Va. Code § 55.1-703). You must still disclose a few known matters in writing, such as a pending code violation or repeated flood claims, and you may not hide a known defect.
What changes on the Virginia disclosure statement in 2027?
Starting January 1, 2027, Senate Bill 649 adds a 20th item on use-value assessment and roll-back taxes. It also requires a settlement agent who knows the land is in a land-use program to give the buyer a written notice. Item 19, on military ground installations, has applied since July 1, 2026.
Can a Virginia buyer cancel if the disclosure statement arrives late?
A Virginia buyer can cancel if the disclosure statement arrives late, but only within a short window. A buyer who gets the statement after ratification may terminate within three days of delivery in person or by electronic delivery, or five days after the postmark (Va. Code § 55.1-709). Settlement, occupancy, a qualifying loan application, or a written waiver ends that right sooner. The deposit comes back with no penalty.
Does selling a house as-is in Harrisonburg protect me if I hide a known problem?
Selling as-is does not protect you if you hide a known problem, because as-is language does not protect a seller who commits fraud or hides a known defect. The Disclosure Act keeps a buyer's remedies for intentional or willful misrepresentation (Va. Code § 55.1-713). Stay silent only where the law allows, and answer every question truthfully.
Do I need the disclosure statement if I sell my house to a cash buyer?
You still need the disclosure statement for a sale to a cash buyer in most cases, because the Disclosure Act covers sales of houses with one to four units whether or not a licensed broker is involved (Va. Code § 55.1-701). Exemptions are limited to transfers such as foreclosures, sales by an estate fiduciary, and family transfers (Va. Code § 55.1-702).
Does the federal lead paint rule apply to an older Harrisonburg house?
Yes, for most houses built before 1978. The seller gives the EPA lead pamphlet, discloses known lead-based paint, includes a Lead Warning Statement, and offers a 10-day testing period the buyer may waive. Virginia's buyer-beware rule does not override this federal requirement.