Free Virginia Purchase Agreement for Real Estate

A Virginia purchase agreement, or real estate purchase agreement, is a written contract in which a buyer agrees to buy a home or other real property from a seller. It records the parties, the home or land, the price, the deposit, the conditions, and the closing schedule. For home sales, Virginia law also requires the seller to give the buyer a property disclosure statement.[1.2] Use the builder below to create a free Virginia real estate purchase agreement.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Virginia law. If you notice an error or outdated information, please contact us.

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Virginia Residential Purchase and Sale Agreement

A residential Virginia purchase agreement sets out the terms of a home sale. The buyer usually makes the offer. The seller can accept it, turn it down, or negotiate until the two sides agree on one set of terms. The final version is what both parties sign.

The seller may draft the contract, but the buyer usually puts forward the offer and the conditions. Agreements for other states are on our fillable real estate purchase agreement page.

The main parts of the contract cover:

  • Signatories of the contract
  • Description of the home or land
  • Purchase price
  • Deposit
  • Financial conditions
  • Title insurance
  • Home inspection
  • Disclosure
  • Other terms
  • Dates and signatures
Have an agent or attorney read the contract before you sign. A short review can catch missing dates, unclear conditions and mismatched names. Keep copies of all signed documents.

Virginia Commercial Purchase and Sale Agreement

A commercial purchase and sale contract works the same way. It is used when the buyer wants a business or investment site. Like the residential version, it names the buyer and seller, describes the parcel, and sets the price, the payment terms, and the schedule.

An agent is often involved in commercial deals. Ask the agent early whether they will represent one side or both, and get the answer in writing.

Under Section 54.1-2139.01 of the Code of Virginia, a licensee may act as a dual agent or dual representative in a commercial real estate transaction only with the written consent of all clients. A client who signs the dual agency or dual representation disclosure is presumed to have given that consent.[2.1]

In any sale, commercial or residential, the buyer should arrange an inspection. A licensed inspector checks the condition of the site against the terms of the contract, within the period the contract sets. When the inspection ends, one of four things usually happens:

  • What the inspector finds matches the contract, and the contract stays in place.
  • The inspector finds defects the contract did not mention, and the seller repairs them at the seller's cost.
  • The inspector finds those defects, and the seller lowers the price.
  • The inspector finds those defects, and the seller refuses to repair them or lower the price.

In the last two cases the parties usually negotiate further, and the deal is called off if they cannot agree. Spell out as many of these outcomes as you reasonably can in the contract, so both sides know what happens next.

Required Seller Disclosures in Virginia

In a residential sale, the Virginia Residential Property Disclosure Act requires the owner to give the purchaser a residential property disclosure statement. The statement is meant to make the buyer aware of certain matters that may affect the decision to buy. The Real Estate Board provides the statement on its website.[1.2]

Other disclosures depend on the property or on what the owner knows:

  • Methamphetamine. The owner knows the home was once used to make methamphetamine and was not cleaned up under the applicable guidelines and licensing provisions. The owner must give a prospective buyer a written disclosure that says so.[1.6]
  • Stormwater facility. The owner knows of a privately owned stormwater management facility on the land. The owner must disclose its long-term maintenance and inspection requirements to the buyer.[1.7]
  • Repetitive loss. The owner knows the dwelling is a repetitive risk loss structure. The owner must disclose that fact to the buyer.[1.8]
  • Pending enforcement. The owner knows of a pending building code enforcement action that affects safe, decent, sanitary living conditions, and the locality gave the owner written notice. The same goes for a local zoning violation that has not been fixed. The owner must give a prospective buyer a written disclosure that says so.[1.4]
  • Lis pendens. The owner knows a lis pendens has been filed against the dwelling. A lis pendens is a public notice that a lawsuit over the home is pending. The owner must give a prospective buyer a written disclosure that says so.[1.5]
  • Military air installation. The home is in a locality that has a military air installation. The owner must tell the buyer whether the parcel lies in a noise zone or an accident potential zone, or both, if the locality has designated it that way on the official zoning map.[1.3]
  • New dwelling. The builder of a new dwelling must disclose in writing to the buyer all known material defects that would violate an applicable building code. For property wholly or partly in a locality in Planning District 15, the builder, or the owner if the builder is not the owner, must also disclose in writing whether they know of earlier mining operations on the property or of any abandoned mines, shafts or pits.[1.1]
  • Lead-based paint. Federal rules require the seller of target housing to give the buyer an EPA-approved lead hazard information pamphlet and to disclose any known lead-based paint or lead-based paint hazards (24 C.F.R. § 35.88).[3.1] Target housing means housing built before 1978, except housing for the elderly or persons with disabilities and any 0-bedroom dwelling. Those exceptions do not apply where a child under age 6 lives or is expected to live (42 U.S.C. § 4851b).[4.1]

A real estate licensee who represents an owner as the listing broker must also tell the owner about the owner's rights and obligations under the Act.[1.11] Ask your agent which other disclosure forms go with your sale.

The disclosure statement also tells the buyer that the owner makes no representations about any wastewater system on the property, including its type, its size or its maintenance. Buyers are advised to use whatever due diligence they think necessary to find out whether there is a wastewater system and what it costs to maintain, repair or inspect it, including pumping out septic tanks (Section 55.1-703).[1.2]

The statement also says the owner makes no representations about whether the property has defective drywall. Buyers are advised to use whatever due diligence they think necessary to find out whether there is defective drywall on the property, in any event before settlement (Section 55.1-703).[1.2]

When Must a Seller Give Disclosures, and When Can a Buyer Cancel?

The owner must notify the purchaser of the required disclosures before the real estate purchase contract is ratified. An owner who misses that point is subject to subsection B of the same section.[1.9] At or before settlement, the owner must also disclose any material change in what was disclosed earlier.[1.10]

If the disclosures reach the buyer after ratification, the buyer's only remedy is to terminate the contract. That right ends at the earliest of these events:

  • Three days after the disclosure statement is delivered in person or by electronic delivery.
  • Five days after the postmark, if the statement is mailed to the buyer with postage prepaid and the right address.
  • Settlement on the purchase of the property.
  • Occupancy of the property by the buyer.
  • The buyer makes written application to a lender for a mortgage loan, if the application says the right to terminate ends on application.
  • The buyer, after receiving the statement, signs a written waiver of the right to terminate, in a writing separate from the purchase contract.[1.9]
Two of these events are easy to trigger by accident. A mortgage application that carries the termination language ends the buyer's right to cancel. So does a separate signed waiver.

A buyer who ends the contract this way owes no penalty, and any deposit must be promptly returned.[1.9] You can count the three-day and five-day windows with our deadline calculator.

Any action under the disclosure law must start within one year of the date the buyer received the applicable disclosures.[1.12] Our statute of limitations guide explains time limits for legal claims.

Frequently Asked Questions

These short answers cover the seller disclosure rules that buyers and sellers ask about most. Each answer follows the disclosure law, and the sources are listed at the end of the page.

What are most seller property disclosures required for?

Most of them exist to alert the buyer to matters that may affect the decision to buy. The owner must furnish a residential property disclosure statement.[1.2] The owner must deliver the required disclosures before the contract is ratified.[1.9] At or before settlement, the owner must disclose any material change.[1.10]

How long does a buyer have to bring an action under the disclosure law?

An action under the disclosure law must start within one year of the date the buyer received the applicable disclosures.[1.12]

Which transfers are not subject to the Virginia Residential Property Disclosure Act?

Certain transfers are exempt from the disclosure requirement. They are:

  • Transfers under a court order, including transfers ordered by a court in administering an estate.
  • Transfers under a writ of execution.
  • Transfers by foreclosure sale or by a deed in lieu of foreclosure, which is a deed given to avoid a foreclosure.
  • Transfers by a trustee in bankruptcy.
  • Transfers by eminent domain.
  • Transfers resulting from a judgment for specific performance.[1.1]
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General information, not legal or tax advice.

Sources

  1. Va. Code Ann. §§ 55.1-702 to 55.1-713.
    • 1.1 § 55.1-702
    • 1.2 § 55.1-703
    • 1.3 § 55.1-704
    • 1.4 § 55.1-706
    • 1.5 § 55.1-706.1
    • 1.6 § 55.1-708
    • 1.7 § 55.1-708.1
    • 1.8 § 55.1-708.2
    • 1.9 § 55.1-709
    • 1.10 § 55.1-711
    • 1.11 § 55.1-712
    • 1.12 § 55.1-713
  2. Va. Code Ann. § 54.1-2139.01. Accessed October 18, 2026.
    • 2.1 § 54.1-2139.01
  3. 24 C.F.R. § 35.88. Accessed October 18, 2026.
    • 3.1 24 C.F.R. § 35.88
  4. 42 U.S.C. § 4851b. Accessed October 18, 2026.
    • 4.1 42 U.S.C. § 4851b
Published: Aug 8, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.