Short answer: in Virginia, an owner or real estate licensee generally cannot be sued for failing to say that a home was the site of a homicide, felony or suicide. That comes from section 55.1-713 of the Code of Virginia, which I read in full for this post. It does not mean every question has a safe answer, and it does not cover everything a seller knows about a house.
If you are selling in Richmond, Henrico County or Chesterfield County, this guide shows where the line sits. If you are buying, it shows what you can ask and what to do with the answer. This is general information, not legal advice. Talk to a Virginia real estate attorney.
What the statute says about deaths and crimes
The Virginia Residential Property Disclosure Act is Chapter 7 of Title 55.1. The section that matters here is section 55.1-713, titled “Actions under this chapter.” Subsection A says that, notwithstanding any other provision of the chapter or other law, no cause of action arises against an owner or a licensee for failing to disclose two kinds of facts:
- That the property was the site of an event that had no effect on the structure, the environment or the improvements.
- That the property was the site of a homicide, felony or suicide.
The same section lets a purchaser sue for actual damages when an owner fails to give required disclosures or gets information wrong. It sets a one-year window to file, counted from receiving the disclosures (or from settlement if none were delivered). It also says the chapter does not bar other legal or equitable remedies for an owner’s intentional or willful misrepresentation of the property’s condition.
The chapter pages I read do not use the phrase “psychologically impacted.” The words that matter are the ones above.
Read it carefully: the statute speaks to failing to disclose. It does not say what happens when a buyer asks a direct question and the seller answers. The “intentional or willful misrepresentation” language is why a seller should not give a false answer. A Virginia real estate attorney can tell you how it applies to your facts.
What sellers must disclose in writing
The silence on deaths sits next to real duties. The owner must furnish the residential property disclosure statement that the Real Estate Board posts on its website. Under section 55.1-703, the statement lists topics for which the owner makes no representation and tells buyers to do their own due diligence. The list I read has 19 items now, including property condition, flood hazard areas, radon, defective drywall, dams, airport noise and sex offender registry information.
Some facts need an affirmative written disclosure. The Virginia Department of Professional and Occupational Regulation (DPOR) lists several, including known material code violations on a first sale from a builder, military air installation proximity, pending building or zoning violations, and privately owned stormwater facilities. section 55.1-708 adds one that overlaps with the topic of this post: if the owner has actual knowledge that the home was once used to make methamphetamine and has not been cleaned up under the state guidelines, the owner must give the buyer a written disclosure that says so.
Timing matters too. Under section 55.1-709, disclosures are due before the purchase contract is ratified. If they arrive late, the buyer’s sole remedy is to terminate. That right ends at the earliest of several events, including 3 days after in-person or electronic delivery, 5 days after the postmark for mailed copies, settlement, or the buyer moving in.
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If you are selling
Staying silent on a death is legal under the section above. That is a narrow legal point, not a marketing plan. Here is how I would weigh it.
- Separate the law from the deal. No liability for failing to disclose is not the same as no effect on a buyer who learns it later. A buyer who finds out after closing may be upset even when the law protects you.
- Do not answer a direct question falsely. The statute keeps remedies open for intentional or willful misrepresentation. If you do not want to answer, say so, and talk to an attorney first.
- Disclose what the form requires. The stigma rule does not touch the other items. Known pending zoning or code violations, a prior meth lab and the rest of the list still apply.
- Know what you actually know. section 55.1-710 says an owner is not liable for errors or omissions in required information if the owner did not actually know of the problem, relied on public agency or provider information, or reasonably believed it was correct, and was not grossly negligent. Do not guess.
- Fix physical damage. If the event left damage to the structure, the first bullet of the statute may not protect you, because it only covers events with no effect on the structure, environment or improvements.
Your licensee must also tell you about your rights and duties under the chapter. If you are weighing a sale and want a clear starting point, see how selling with Mission Realty works, and read what a Richmond seller must actually disclose in Virginia for the rest of the form.
If you are buying: what you can ask
Nothing in the sections I read stops a buyer from asking. Questions are free. Good ones are specific and written down.
- Ask your agent to put your question to the seller’s agent in writing, such as whether the seller knows of any event at the property that could affect how you feel about living there.
- Ask about physical repairs tied to any event, and ask for permits or invoices.
- Use the inspection. The disclosure form tells buyers to do their own due diligence on condition, and a home inspection is the practical way to do it.
- Check public records yourself. A county court clerk, local news archives and police records are public sources. Their coverage varies, and this post does not cite any one database.
- Talk to neighbors if you want to. Treat what you hear as unverified.
If an answer matters to you and the seller will not give one, you can decide whether to keep going. You can write your question into your offer terms with your agent. Browse what is on the market in Richmond, Henrico County and Chesterfield County on our property search page, and if you want help checking one house, send us the address through our contact page.
Where the form changes on January 1, 2027
The Code of Virginia shows section 55.1-703 in two versions. The first is effective until January 1, 2027. The second is effective January 1, 2027. Subsections A, C and D match. Subsection B keeps the 19 items and adds a 20th: the owner makes no representation about whether the property is in a locality with a land-use plan that provides use value assessment and taxation, with a warning that changing to a nonqualifying use may trigger roll-back taxes and interest, and advice to contact the local commissioner of the revenue or assessor. It does not touch deaths or crimes. If your contract is ratified near the change date, confirm with your attorney which form applies.
A quick comparison
| Topic | Section read | What it says |
|---|---|---|
| Homicide, felony, suicide | 55.1-713 | No cause of action for failing to disclose |
| Prior meth manufacture, not cleaned up | 55.1-708 | Written disclosure if owner has actual knowledge |
| Disclosure timing | 55.1-709 | Before ratification; late delivery gives 3 days (in person or electronic) or 5 days (mail) to terminate |
| Lawsuit window | 55.1-713 | 1 year |
| Form items on the 55.1-703 list | 55.1-703 | 19 now, 20 from January 1, 2027 |
Related reading
Other legal items sit outside this statute. If your home was built before 1978, read lead paint disclosure for a pre-1978 Richmond home. If the home is held in a trust, see selling a Richmond home held in trust.
Frequently asked questions
Does a Virginia seller have to tell me someone died in the house?
Not under the section I read. Section 55.1-713 says no cause of action arises against an owner or licensee for failing to disclose a homicide, felony or suicide. It does not say sellers may lie if asked.
Does the law cover natural deaths?
The section I read names homicide, felony and suicide, and separately any event with no effect on the structure, environment or improvements. It does not use the words natural death. Ask an attorney how it applies to your facts.
Is a meth lab different?
Yes. Section 55.1-708 requires a written disclosure when the owner has actual knowledge the home was used to make methamphetamine and it has not been cleaned up under the state guidelines.
Can I ask the seller about it anyway?
Yes. Nothing in the sections I read bars the question. Have your agent ask in writing and keep the answer.
What if the seller lies in answer to my question?
Section 55.1-713 says the chapter does not bar other remedies for an owner’s intentional or willful misrepresentation of the property’s condition. A Virginia real estate attorney can say whether your situation fits.
How long do I have to sue over a disclosure problem?
One year under section 55.1-713, counted from receiving the disclosures, or from settlement if none were delivered.
Does the form change in 2027?
The Code of Virginia shows a version of section 55.1-703 effective January 1, 2027 that adds a 20th item about use value assessment and roll-back taxes. It does not address deaths.
Does a real estate agent have to disclose a death?
Section 55.1-712 says a licensee must inform the client of rights and duties under the chapter, and then has no further duties under it. Section 55.1-713 also covers licensees for homicide, felony and suicide.
Does the Real Estate Board rule add a duty here?
I read Real Estate Board regulation 18VAC135-20-260 on prohibited acts. It does not address stigmatized property or deaths, though it bars knowingly giving false or misleading information.
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