*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: I’m involved in a transaction in which I represent the buyer, and the seller is unrepresented.  The property is not listed in the MLS. In this situation, what disclosures is the seller obligated to provide us with? 

A: Sellers must provide buyers with the Residential Property Disclosures Acknowledgement form, which is to be signed by both parties, to satisfy the requirements of the Residential Property Disclosure Act (§ 55.1-700 et seq. of the Code of Virginia). Sellers may also have to provide additional disclosure(s) depending on the facts of the property being sold. Some examples of these possible disclosures could include the proximity of the property to a military air installation, whether or not methamphetamine had been manufactured in the property, whether there is a lis pendens on the property, among many others. A full list of the disclosure forms for sellers can be found on DPOR’s website at: https://www.dpor.virginia.gov/Consumers/Disclosure_Forms/

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