Yes, you can sell a Richmond-area home without an agent in Virginia. The law does not require one. What it does require does not go away: you still owe the buyer the state’s residential property disclosure statement, and if the house was built before 1978 you owe the federal lead-paint disclosure.
This guide covers what the law makes you do, what an agent normally handles, what lands on you, and an honest look at the trade-offs. It applies from the City of Richmond to Henrico, Chesterfield and the surrounding counties.
What Virginia requires you to disclose, with or without an agent
The Virginia Residential Property Disclosure Act sits at Code of Virginia, Title 55.1, Chapter 7. Section 55.1-701 says it covers sales of residential property with one to four dwelling units, whether or not a broker is involved.
These are the parts that matter most to a seller:
- The statement (55.1-703). You give the buyer the form the Real Estate Board publishes. It tells the buyer that the owner makes no representations on the listed matters and that the buyer should do their own checks. Its topics include recorded covenants, lot lines, historic districts, Chesapeake Bay resource protection areas, wastewater systems, special flood hazard areas, radon zones, defective drywall, dams and airport noise.
- Timing (55.1-709). Give it before the contract is ratified. If it arrives after, the buyer can terminate without penalty within a short window, such as three days after electronic or in-person delivery, and gets the deposit back.
- Things you must disclose if you actually know them. Pending building or zoning enforcement affecting safe living conditions (55.1-706), a lis pendens (55.1-706.1), a former methamphetamine lab not cleaned to state guidelines (55.1-708), a privately owned stormwater facility (55.1-708.1) and repetitive flood-loss status (55.1-708.2).
- Change before closing (55.1-711). If something material changes, you disclose it at or before settlement.
- Your exposure (55.1-710 and 55.1-713). You are not liable for an error you did not know about and reasonably believed was correct. A buyer can sue for actual damages for omitted or misstated required information, generally within one year of receiving the disclosures. Intentional misrepresentation can bring other claims.
As of the text we read, an additional use-value taxation disclosure is added to the list effective January 1, 2027. Check the current form before you list.
Some transfers are exempt, including transfers by fiduciaries of estates and trusts. Our guide on selling an inherited Richmond home covers that situation. Separately, section 55.1-713 says no claim arises from failing to disclose that a property was the site of a homicide, felony or suicide. See stigmatized property and death disclosure in Virginia for how that works in practice.
The federal lead-paint rule
For housing built before 1978, EPA’s real estate lead disclosure page says sellers must, before the buyer is bound, give the EPA pamphlet Protect Your Family From Lead In Your Home, disclose known lead-based paint and hazards, hand over available reports, and attach the lead warning statement to the contract. The buyer gets a 10-day window to inspect unless both sides agree otherwise or the buyer waives it. Sellers keep signed copies for three years.
Know your price before you decide
Choosing whether to use an agent starts with what the home is worth. Get your instant home value, built from recent sales near you.
What an agent covers, and what lands on you
Section 55.1-712 gives listing brokers the duty to inform seller clients of their rights and duties under the disclosure chapter. Without a listing broker, learning those rules is your job. The rest of the work splits like this:
| Task | With an agent | On your own |
|---|---|---|
| Disclosure statement (55.1-703) | Agent explains and delivers | You complete and deliver before ratification |
| Lead paint, pre-1978 homes | Agent shares responsibility per EPA | You supply the pamphlet, disclosures and signed forms |
| Pricing | Comparable sales review | You research recent nearby sales yourself |
| Marketing and showings | Listing, photos, scheduling | You do all of it |
| Contract and negotiation | Agent drafts and negotiates | You or your attorney |
| Closing coordination | Agent tracks deadlines | You manage title, lender and dates |
Pricing is where most do-it-yourself sellers feel it first. You can see recent closings on our recently sold properties page, and a modeled estimate is a starting point, not a final price.
Doing the work yourself, step by step
If you decide to go ahead, this order keeps you out of trouble.
- Get the current forms first. The Department of Professional and Occupational Regulation hosts the residential property disclosure statement page. The version posted there was revised in 2021, so confirm on the Real Estate Board site that you have the latest form before you hand it over.
- Complete it honestly. Answer from what you know. Section 55.1-711 allows “unknown” or a labeled approximation, but not as a way to dodge a question.
- Price from recent sales. Look at closed sales of similar homes near you, not listing prices. A neighborhood like Glen Allen or Midlothian can have very different blocks, so match size, age and condition.
- Prepare the marketing. You will need photos, a written description that stays accurate, a yard sign if your locality and any HOA allow one, and a plan for showings and open houses.
- Put the contract in writing. Price, deposit, contingencies, closing date, what stays with the house and who pays which costs. Have an attorney review it.
- Coordinate closing. Closing is run by a title company or attorney, and your buyer’s lender sets many of the dates. Stay in touch with all three.
The buyer’s agent question
Buyers often come with their own agent. Whether you offer to pay that agent, how much, and how it is written down is a decision for you and your attorney. Nothing in the disclosure act we read sets it. Decide before you list, and write the answer into the contract in plain terms.
One more point on timing: because the disclosure must reach the buyer before the contract is ratified, have the completed form ready on the day you list. A buyer who asks for it at the first showing should be able to get it, and an offer that arrives while you are still hunting for the paperwork is a poor moment to begin. Keep a dated copy of what you delivered and when, since the timing rules in section 55.1-709 turn on delivery dates.
Honest pros and cons
- Pro: you avoid paying a listing agent. You keep control of showings and the negotiation.
- Pro: if you have time and know your street’s recent sales, the work is manageable.
- Con: mistakes on disclosure carry legal exposure, and you carry it alone.
- Con: you must price, market, screen buyers and manage the contract. A misjudged price can leave a home sitting.
- Con: a home under contract can still fall through, and you will need a backup plan. See backup offers on a home under contract.
If you want to compare options, see how selling with Mission Realty works, or send a question through contact us.
Start with the number
Whether you sell alone or with help, your price is the first decision. Get your instant home value, built from recent sales near you.
Frequently asked questions
Can I just write my own disclosure letter?
Section 55.1-703 says the owner gives the statement form the Real Estate Board provides. Use that form rather than a home-made substitute, and ask an attorney if you want to add detail.
Can the buyer back out if I deliver the form late?
Under 55.1-709(B), if disclosures come after ratification the buyer may terminate, with the right ending at the earliest of several events, including three days after in-person or electronic delivery or settlement. The deposit is returned.
How long do I keep lead-paint paperwork?
EPA’s real estate disclosure page says sellers keep signed copies for three years after the sale is completed.
How long does a buyer have to sue over a disclosure problem?
Section 55.1-713(C) says one year from receiving the disclosures. If none were ever delivered, the clock runs from settlement.
Does the rule apply if I sell to a relative?
Section 55.1-702 lists exemptions that include transfers to a spouse or lineal relative. Whether yours qualifies is a question for an attorney.
Do I need an attorney if I sell myself?
Virginia’s disclosure chapter does not require one. A Virginia real estate attorney can review the contract and disclosure steps, and a title company or attorney typically handles settlement.
What if I do not know the answer to a disclosure item?
Section 55.1-711 lets an owner say the information is unknown or give a clearly labeled reasonable approximation, as long as it is not used to evade the chapter.
