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Q: My client inherited a property, and the client had the title transferred to his name. Now, my client wants to sell the property. Even though my client never lived in the property, is he still required to provide the mandatory disclosures pursuant to the Virginia Residential Property Disclosure Act? 

A: The Virginia Residential Property Disclosure Act (VRPDA) requires sellers to make certain disclosures to purchasers upon sale. However, certain transfers are specifically exempt from the requirements of the VRPDA. One such exemption is “[t]ransfers by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust.” (VA Code § 55.1-702.A.3.)  

Here, the client who inherited the property is not selling the property as a fiduciary in the administration of an estate. Title to the property was already transferred to the client, and therefore, this exemption does not apply. The client will be required to provide the disclosures required by the VRPDA.  

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