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Selling a house in Virginia: the paperwork

Every document a Virginia sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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2documents are usually the seller's
out of 10 in a Virginia sale

Usually the seller's to produce

2

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

  • Residential Property Disclosure Statement (§ 55.1-703)APPEARS: Pre-listing / seller's disclosure packet
  • Lead-based paint disclosure (pre-1978)APPEARS: Attached to the purchase agreementOn your list because was the home built before 1978

Usually drafted for you to sign

2

These commonly arrive already written. Read them, and ask about anything that looks wrong before you sign.

  • POA association disclosure packet (§ 55.1-1808/1809)APPEARS: In the HOA resale packageOn your list because is the home in an hoa, condo, or co-op, or will you be at the closing yourself
  • Condo resale certificate (§ 55.1-1990/1991)APPEARS: In the HOA resale packageOn your list because is the home in an hoa, condo, or co-op

Usually somebody else's to prepare

6

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

  • Deed (general/special warranty)APPEARS: Recorded with the county after closing
  • Choice of Settlement Agent notice (§ 55.1-1009)APPEARS: In the title/escrow closing packet
  • Grantor tax / recordation taxAPPEARS: Recorded with the county after closing
  • Payoff statement & certificate of satisfactionAPPEARS: Recorded with the county after closing
  • 1099-SAPPEARS: Filed with a government agency post-closing
  • FIRPTA withholding (foreign seller)APPEARS: Filed with a government agency post-closingOn your list because do you file u.s. taxes as a citizen or resident

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What catches Virginia sellers out

The things people find out late here. None of this is a ruling on your sale, and every one of them ends with somebody who can actually answer it for you.

Virginia's disclosure is a notice, not a condition report

Virginia's residential disclosure generally tells the buyer that the property is sold as is and that they should investigate. It is not a checklist of the home's condition. Template packs from elsewhere often treat it as one, which can lead a seller to volunteer far more than the statute contemplates, and that carries its own risk.

The rule behind it
Va. Code § 55.1-700 et seq. (RPDA)
Who can answer it
A Virginia attorney before you write anything into it that it does not ask for.

Northern Virginia stacks several taxes on one sale

On top of the state grantor tax, parts of Northern Virginia add regional transportation levies and local recordation charges. The total can be noticeably higher than the state figure suggests. Which ones apply depends on the locality, not on the price.

The rule behind it
Va. Code § 58.1-802 and regional transportation levies
Who can answer it
Your settlement agent can give the real number for your address.

How Virginia generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing model — attorney OR registered lay settlement agentVirginia is not a mandatory-attorney state. The Real Estate Settlement Agents Act (formerly the Consumer Real Estate Settlement Protection Act / CRESPA), Va.
Wet settlementThe Wet Settlement Act, Va. Code § 55.1-900 et seq., requires the settlement agent to disburse loan and sale proceeds within two business days of settlement.
Property regimeCommon-law (not community property). Tenancy by the entirety is recognized; both spouses must sign to convey entireties property. Homestead (Va.
Deeds and covenantsGeneral warranty (§ 55.1-354) and special warranty (§ 55.1-355). English covenants of title implied by statutory phrase (§ 55.1-356); new-home implied warranties (§ 55.1-357).
Disclosure regimeBuyer-beware statutory *notice* under the Virginia Residential Property Disclosure Act (RPDA), Va. Code § 55.1-700 et seq.
Transfer taxesState recordation tax on deeds, $0.25/$100 of the greater of consideration or value (§ 58.1-801); grantor tax $0.50/$500 of net consideration, split 50/50 state/locality (§ 58.1-802);
RONVirginia was the first state to authorize remote online notarization: Gov. McDonnell signed HB 2318/SB 827 on March 26, 2011, effective July 1, 2012 (Va. Code § 47.1-2 et seq.;
Recording act & officeRace-notice (Va. Code § 55.1-407): an unrecorded deed is void as to a later good-faith purchaser for value who records first.
Notable overlaysChesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.); coalfield severed-mineral prevalence in Southwest Virginia; NoVA and Hampton Roads regional transfer fees.

Other things Virginia asks about

These come up in Virginia and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

  • 20. Northern Virginia (Arlington, Alexandria, Fairfax, Loudoun, Prince William, etc.) or Hampton Roads locality? → regional transfer fees (§ 8).
  • 21. Tidal-water frontage / Chesapeake Bay Resource Protection Area? → RPDA item on Bay RPAs; local ordinances.
  • 22. Coalfield county (Wise, Buchanan, Dickenson, Russell, Tazewell)? → severed coal/mineral estate; the RPDA notes owner makes "no representations… [as to] any conveyances of mineral rights."
  • 23. Near a military air installation / ground installation? → § 55.1-704 (air installation noise/APZ) and § 55.1-703 (proximity to military installation).
  • 24. Defective (imported) drywall? → § 55.1-707.
  • 25. Property previously used to manufacture methamphetamine? → § 55.1-708.
  • 26. Local historic district? → RPDA historic-district item (§ 55.1-703(B)(4)).
  • 27. Pending building-code/zoning violation or lis pendens? → § 55.1-706 / § 55.1-706.1.

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Virginia reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents

Residential Property Disclosure Statement — Va. Code § 55.1-703; delivery per § 55.1-709. [SELLER]. APPEARS: Pre-listing / seller's disclosure packet.

Contents: This is a buyer-beware NOTICE, not a condition checklist. The Real Estate Board form states the owner "makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions, or any conveyances of mineral rights… and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary… prior to settlement." It enumerates buyer-diligence items covering lot lines, adjacent parcels, historic districts, Chesapeake Bay resource protection areas, registered sex offenders, dam-break inundation zones, wastewater systems, solar rights, special flood hazard areas, conservation easements, community development authorities, and marine clays (marumsco soils).

Timing/delivery: furnished to the purchaser on or before ratification; if delivered after ratification, the buyer may terminate within three days (or five days if mailed) per § 55.1-709. No notarization. Consequence of noncompliance: buyer's statutory right to terminate before settlement.

Recent change (effective July 1, 2026): DPOR's Real Estate Board revised the Residential Property Disclosure Statement "to reflect changes in the law effective July 1, 2026" (form marked "DPOR rev 7/2026"). A separate statutory version of § 55.1-703 takes effect January 1, 2027 (2026, c. 510) — verify which text and form edition control at closing.

Official source: https://www.dpor.virginia.gov/Consumers/Residential_Property_Disclosures (free Board PDF).

Deed (general or special warranty) — Va. Code §§ 55.1-354/355. [ATTORNEY]/[TITLE/ESCROW]; [NOTARY]. APPEARS: Recorded with the county after closing.

Must identify grantor's marital status, tax parcel ID, and source of title. Signature acknowledged before a notary. Consequence of non-recording: void as to a subsequent BFP under § 55.1-407. Official source: https://law.lis.virginia.gov/vacode/title55.1/chapter3/.

Choice of Settlement Agent disclosure — Va. Code § 55.1-1009. [TITLE/ESCROW]/[ATTORNEY]. APPEARS: In the title/escrow closing packet.

Prescribed language advising the purchaser/borrower of the right to select the settlement agent (see § 7).

SOMETIMES-required documents (triggered)

Trigger — property in a Property Owners' Association:

  • POA contract disclosure + association disclosure packet — § 55.1-1808 (contract disclosure and right of cancellation), § 55.1-1809 (contents/delivery), §§ 55.1-1810/1811 (fees). [HOA/MGMT CO]; [SELLER] requests and pays. APPEARS: In the HOA resale package. Purchaser may cancel within three days — or up to seven days if extended by the ratified real estate contract (recent change codifying "ratified real estate contract," HB 176) — after receiving the packet or notice it is unavailable. For non-professionally-managed associations, fees may not exceed $0.10/page copying or $100 total (§ 55.1-1811). If the contract omits the § 55.1-1808(B) disclosure, the purchaser's sole remedy is to cancel before settlement.
  • Recent change: the Resale Disclosure Act, Va. Code § 55.1-2300 et seq. (2023, cc. 387, 388), created a consolidated resale-disclosure framework. Verify which framework a given association operates under.

Trigger — condominium unit:

  • Condo resale certificate — §§ 55.1-1990/1991/1992. [HOA/MGMT CO]; [SELLER] requests/pays. APPEARS: In the HOA resale package. Same three-day (up to seven-day) cancellation logic; fees under § 55.1-1992.

Trigger — locality with a military air installation: § 55.1-704 disclosure of noise zone / accident potential zone. [SELLER].

Trigger — defective drywall known: § 55.1-707. Trigger — meth manufacture: § 55.1-708. Trigger — pending building-code/zoning violation: § 55.1-706. Trigger — lis pendens: § 55.1-706.1. Trigger — privately owned stormwater facility: § 55.1-708.1. Each is satisfied by written disclosure language; none requires a Realtor-only form.

Prescribed-language items (substance-over-form)

  • RPDA notice (§ 55.1-703). Operative language quoted in § 5. Where: delivered to the purchaser. When: on/before ratification (else § 55.1-709 termination right). How standard forms handle it: attorney/Realtor packages attach the current Board PDF. FSBO path: download the identical free Board form at dpor.virginia.gov — there is no member-only barrier. The statute requires delivery of the notice, not disclosure of condition; a seller who volunteers condition representations creates liability the statute does not require.
  • Choice of Settlement Agent (§ 55.1-1009). Operative language: "Choice of Settlement Agent: Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 of the Code of Virginia provides that the purchaser or borrower has the right to select the settlement agent…." Where: in the sale/loan documents. Standard forms embed it; a FSBO reproduces the statutory text verbatim.

Local / municipal overlays

Not exhaustive — notable examples include:

  • Northern Virginia (NVTA member jurisdictions): WMATA Capital Fee $0.10/$100 (§ 58.1-802.3) and Regional Congestion Relief Fee $0.10/$100 (§ 58.1-802.4, enacted 2021), both on the greater of price or assessment.
  • Hampton Roads (HRTAC jurisdictions): regional fee $0.06/$100 (§ 58.1-802.5).
  • City/county recordation add-on: up to one-third of state recordation tax (§ 58.1-814).
  • Chesapeake Bay Preservation Act: local RPA/RMA overlays affecting shoreline buffers (§ 62.1-44.15:67 et seq.); Coastal Primary Sand Dune Zoning Act (§ 28.2-1400 et seq.).

Verify current municipal rates before quoting — regional fee applicability changes with jurisdiction membership.

Post-closing obligations

  • Recording with the Circuit Court Clerk of the county/independent city (race-notice; § 55.1-407).
  • Grantor tax (§ 58.1-802) and recordation tax (§ 58.1-801) paid before the clerk admits the deed.
  • 1099-S reporting by the settlement agent (federal).
  • Capital gains: Virginia imposes no mandatory withholding at closing on resident sellers; non-residents file Virginia non-resident returns (composite/pass-through options exist for entities).
  • Mortgage satisfaction: certificate of satisfaction recorded to release the deed of trust.

Federal overlays (cross-reference)

See 01-methodology-v2.md § 8 for the full federal overlay set: Title X lead-based paint (pre-1978); FIRPTA (26 U.S.C. § 1445); 1099-S (26 U.S.C. § 6045(e)); wire-fraud advisory; Fair Housing Act (42 U.S.C. § 3601); RESPA/TRID.

FinCEN Residential Real Estate Rule (31 CFR 1031.320) — currently suspended. The Rule was effective March 1, 2026, but the U.S. District Court for the Eastern District of Texas vacated it nationwide on March 19, 2026 in Flowers Title Companies, LLC v. Bessent. FinCEN filed an appeal to the Fifth Circuit on May 11, 2026. A conflicting Middle District of Florida decision, Fidelity National Financial, Inc. v. Bessent, No. 3:25-cv-554-WWB-SJH (M.D. Fla.) (Feb. 19–20, 2026), upheld the Rule. Net effect for Virginia settlement agents: no filing obligation pending the Fifth Circuit appeal. Recheck currency before quoting.

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