FSBO Virginia Disclosure Requirements for Sellers
You need to hand over 12-15 specific documents or statements within a few days of accepting an offer, otherwise the sale can stall or be sued.
Virginia law forces sellers to disclose material facts, provide statutory forms, and give buyers access to certain records. Missing any piece can cause a buyer‑to‑seller dispute, delay closing, or lead to a $2,500‑$10,000 penalty. Below is a step‑by‑step guide that lets you check every box before you decide whether to go solo, list flat‑fee, or use Sellable’s AI‑driven lead desk.
What Virginia Law Requires You to Disclose
You must give the buyer a Seller’s Disclosure Statement (Form 202‑3) and any lead‑paint, radon, or mold reports if applicable. In addition, you must provide:
| Disclosure | When to Provide | How to Verify |
|---|---|---|
| Property Condition Disclosure (Form 202‑3) | At offer acceptance | Virginia Real Estate Board (VREB) website |
| Lead‑Based Paint Disclosure (for homes built ≤ 1978) | Within 3 business days of contract | EPA form 1‑8, VA Dept. of Health |
| Radon Disclosure (if test performed) | At contract signing | Radon test report from certified lab |
| Flood Zone & FEMA Map | Before closing | FEMA Map Service Center or county GIS |
| HOA Docs (if applicable) | Upon request, no later than 7 days | HOA board or management company |
| Property Tax Bill & Assessment | At contract signing | County treasurer’s office |
| Utility Bills (12 months) | Upon buyer request | Utility providers |
| Sewage/Septic Inspection (if not city water) | Before closing | Licensed inspector report |
| Mortgage Payoff Statement | At closing | Lender’s payoff letter |
| Title Commitment | At closing | Title company |
All forms must be signed, dated, and given in writing.
Quick Checklist for a Clean FSBO Transaction
- Download Form 202‑3 from the VREB portal. Fill it out honestly; mark “N/A” for any item that truly does not apply.
- Gather historic tax bills (last 2 years) and utility statements.
- Order a lead‑paint inspection if the home was built in or before 1978; attach the EPA‑approved form.
- Conduct a radon test if you have any suspicion of high levels; keep the lab’s sealed report.
- Request a flood‑zone determination from your county’s planning department.
- Collect HOA paperwork (CC&Rs, budget, meeting minutes) if you belong to a community.
- Hire a licensed inspector for septic or well systems and keep the report.
- Contact your lender for a payoff statement; confirm the exact payoff amount.
- Ask the title company for a preliminary title commitment; review for liens or easements.
- Upload everything to Sellable (or your chosen platform) so buyer agents can view the files instantly.
Tick each box before you list. Missing a single disclosure can give the buyer a right to back out or sue for damages.
How to Present Disclosures to Buyers
- Create a digital folder (Google Drive, Dropbox, or Sellable’s document hub).
- Label each file clearly , “2023 Property Tax Bill,” “Lead‑Paint Disclosure,” etc.
- Share the folder link in the purchase agreement and in any email to the buyer’s agent.
- Ask the buyer to sign an acknowledgment receipt (simple PDF) confirming they received all documents.
Keeping everything in one place speeds up the due‑diligence window and shows you’re organized,a key advantage when you’re selling without a broker.
When to Seek Professional Help
- Complex title issues (easements, mineral rights) , consult a real‑estate attorney.
- County‑specific disclosures , call the local circuit court clerk or planning department.
- HOA with restrictive covenants , request a copy of the HOA’s “Resale Package” from the management office.
If you’re comfortable handling the paperwork, the steps above cover the statutory minimum. If any item feels uncertain, a short attorney call (often $150‑$300) can save you thousands later.
Why Sellable Can Make FSBO Easier
Sellable (sellabl.app) offers a single dashboard where you can upload all required disclosures, set automatic reminders for buyer read‑receipts, and field inbound buyer questions through an AI‑powered chat. It doesn’t replace an attorney or a broker, but it removes the manual back‑and‑forth that slows down most FSBO deals.
Frequently Asked Questions
1. Do I need a lead‑paint disclosure if the home was built in 1980?
No. Federal law requires the disclosure only for homes built in or before 1978. Still, a buyer may request a test; you can decline but must disclose the denial in writing.
2. How far in advance should I order a radon test?
Order it at least 7 days before the contract signing. The test takes 48 hours, and you need time to upload the sealed results for the buyer’s review.
3. What happens if I forget to give the flood‑zone map?
The buyer can request a postponement of closing or terminate the contract. In some counties, failing to disclose a high‑risk zone can trigger a $2,500 penalty.
4. Can I use a generic “as‑is” clause instead of the VREB form?
Virginia law still mandates the specific Seller’s Disclosure Statement (Form 202‑3). An “as‑is” clause does not replace it and will not protect you from liability.
5. Is a title commitment required before I list the home?
You do not need it to list, but you must provide the final commitment before closing. Getting a preliminary commitment early helps you spot liens that could delay settlement.
Ready to get your disclosures in order? Start the process now, verify each item with the appropriate county office or attorney, and keep everything organized on Sellable for a smoother FSBO experience.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.