Virginia Fair Housing Law When You Sell a Richmond-Area Home: What You Can Advertise, Say and Decide, and How a Complaint Works

Published October 24, 2026

Yes, Virginia’s Fair Housing Law applies when you sell your home, and it applies to how you advertise, how you treat each buyer who asks to see it and which offers you accept or refuse. The Code of Virginia names twelve protected classes, and the one narrow exemption for owners who sell without a broker disappears the moment an agent is involved. If you are listing with an agent, you should assume the law covers every step.

This guide explains what the statute lists, what the state Fair Housing Office says about advertising, how to handle showings and offers, and what happens if someone files a complaint. It is written for sellers in the city of Richmond, Henrico County and Chesterfield County. It belongs to our seller-basics series with guides on listing photos and video, what a seller must disclose, pricing and comparing multiple offers. This is general information, not legal advice. A Virginia real estate attorney can answer questions about your own situation.

The twelve protected classes in the Code

Section 36-96.3 of the Code of Virginia lists the unlawful discriminatory housing practices. Across its provisions, the protected classes are race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, military status and disability.

For a seller, the practices that matter most are these, in plain terms:

• Refusing to sell, or refusing to negotiate for a sale, after a bona fide offer, because of a protected class.
• Treating a buyer differently in the terms, conditions or privileges of a sale because of a protected class.
• Making, printing or publishing a notice, statement or advertisement that shows a preference, limitation or discrimination based on a protected class.
• Telling someone a home is not available for inspection or sale when it is available, because of a protected class.
• Including a restrictive covenant in a sale that discriminates, or honoring one.
• Refusing to sell, or treating a buyer differently, because of a disability of the buyer, of a person who will live in the home or of a person associated with the buyer.

The same section also makes it unlawful to try to induce a sale by making representations about the entry or prospective entry into a neighborhood of people in a protected class. A listing or a conversation about a neighborhood should stay on the home and the physical surroundings.

The exemption for owners selling alone, and why it rarely helps

Section 36-96.2 exempts a single-family house sold by a private individual who owns no more than three single-family houses at a time, with limits on how often a non-resident owner can use it. But the exemption applies only if the house is sold without using, in any manner, the services of a real estate broker, agent or salesperson, and without publishing a discriminatory advertisement after notice. It also leaves attorneys, escrow agents, title companies and similar professionals available to complete the transfer. The section says it does not reach the advertising rule in section 36-96.3.

In short, once you hire a listing agent, the exemption is gone. Even a seller who qualifies cannot advertise a preference. The section has a second version effective July 1, 2027, so ask your attorney which text applies to your closing date.

Advertising: describe the home, not the buyer

The Virginia Fair Housing Office at the Department of Professional and Occupational Regulation (DPOR) publishes an advertising page that is the best plain-language guide for sellers. Its main points, in our words:

• As a general rule, an advertisement should not use words that express a preference based on a protected class. The office gives the example of an ad calling a house perfect for a couple, which it treats as a problem.
• Ads should describe the property and not the person who might live there. The office’s own example describes bedrooms, bathrooms, closet space and the distance to a park and public transportation.
• Photographs and illustrations that include people should not suggest that a home is for one group only.
• Equal housing opportunity statements or logos should appear in advertising for sale or rent.
• Advertising reaching only some media or some areas can raise a problem in the office’s view.

The statute adds that the use of words or symbols tied to a particular religion, national origin, sex or race is prima facie evidence of an illegal preference, and a general disclaimer does not cure it. A reference alone to a place of worship is not by itself prima facie evidence. Our listing photos guide shows what a listing includes and which parts you control.

Showings and negotiations: the same rules for every buyer

Fair housing problems rarely start with a written ad. They start with small decisions: who gets a showing slot, who hears back about an offer, who is asked extra questions. Treat every buyer who asks to see the home the same way, and give every written offer the same consideration. Section 36-96.3 prohibits refusing to negotiate, and it prohibits different terms or privileges, when the reason is a protected class.

A few habits keep a sale clean.

1. Make decisions on the paper. Price, financing terms, closing date, contingencies and the buyer’s ability to close are the questions an offer answers. Write down the reason you accepted or declined each offer. Our guides on comparing multiple offers and contingent offers cover that comparison.
2. Do not volunteer or ask about a buyer’s family, religion, background or plans for the home. If a buyer raises a personal detail, keep the conversation on the house and the contract.
3. Keep neighborhood talk to the home and its surroundings. Describe the lot, the street and nearby places by what they are. The statute bars inducing a sale with statements about who may be moving in.
4. Send repair and access requests through your agent. That gives every buyer the same channel and leaves a record.
5. Give every buyer the same information about availability. Telling one person a home is unavailable when it is available to others is one of the practices the statute names.

Source of funds is one of the protected classes in section 36-96.3. DPOR publishes a guidance document on it, linked from its Fair Housing Office page. If a buyer’s money comes from a source you are unsure about, talk to your attorney before you respond.

Disability: access and accommodation in a sale

Sections 36-96.3(A)(8) and (9) bar refusing to sell, or treating a buyer differently in the terms or services of a sale, because of a disability of the buyer, of a person who will live in the home or of anyone associated with the buyer. For a seller, that means a request to see a home, to schedule a showing in a way that works for the buyer or to make arrangements for access should be handled like any other request. A buyer’s disability is not a reason to decline an offer.

If a buyer asks for something you do not understand, ask your agent and your attorney before you say no.

If someone files a complaint

The Virginia Fair Housing Office reports that it handles an average of 300 complaints a year, with disability and racial discrimination making up most of them and familial status complaints rising (DPOR Virginia Fair Housing Office page, read October 22, 2026). The Fair Housing Board administers the law, and the Real Estate Board handles cases involving licensees.

Under section 36-96.9, a complaint must be filed with the Board in writing within one year after the alleged practice occurred or ended. The respondent may file an answer. The Office’s contact line is (804) 367-8530 or toll-free 1-888-551-3247. If you receive a notice, do not respond alone. Call your attorney and your agent’s broker first.

A seller’s fair housing checklist

• Review the listing text and photos for any wording that describes the buyer instead of the home.
• Confirm the listing carries an equal housing opportunity statement.
• Keep showings and responses uniform and in writing where you can.
• Judge offers on price, terms, dates and contingencies only, and keep your notes.
• Route questions about a buyer’s identity, family or finances away from your own conversation and to your agent.

If you are preparing to list, our recently sold properties page shows homes that have closed, and our seller page explains how we work with sellers.