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VA · Flood-disclosure law

Does a Virginia seller have to disclose flooding?

Virginia's Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.) is fundamentally a buyer-beware regime: the seller provides a Residential Property Disclosure Statement that makes few affirmative representations and directs buyers to investigate. Under § 55.1-703, the owner makes NO representation about whether the property is in a special flood hazard area and advises buyers to obtain flood certification, review FEMA maps, and consult Virginia's Flood Risk Information website. The Real Estate Board must post a flood-risk information form. A separate provision requires an owner with actual knowledge of repetitive-loss flood history to disclose it.

Virginia at a glance

General disclosure

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

DisclosureRequired
Opt-outNone
Primary-source verified· verified June 16, 2026
Va. Code Ann. § 55.1-703 (Residential Property Disclosure Act, § 55.1-700 et seq.)

The 4-card answer

Virginia flood-disclosure, decoded

Whether the seller must disclose, what triggers it, the penalties, and any opt-out gotcha — each card cites its source.

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Virginia's Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.) is fundamentally a buyer-beware regime: the seller provides a Residential Property Disclosure Statement that makes few affirmative representations and directs buyers to investigate. Under § 55.1-703, the owner makes NO representation about whether the property is in a special flood hazard area and advises buyers to obtain flood certification, review FEMA maps, and consult Virginia's Flood Risk Information website. The Real Estate Board must post a flood-risk information form. A separate provision requires an owner with actual knowledge of repetitive-loss flood history to disclose it.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Va. Code Ann. § 55.1-703 (Residential Property Disclosure Act, § 55.1-700 et seq.)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property of 1-4 dwelling units
  • Owner's actual knowledge (for the repetitive-risk-loss flood disclosure provision)

Penalties & remedies

§ 55.1-703 itself specifies no penalty for flood non-disclosure; remedies for failure to deliver the statement and for fraud are governed by other Act sections (e.g., § 55.1-712) and common law.

Buyer remedy: Buyer's primary protection is the statutory disclosure-statement delivery requirement (with a contract-termination right if not timely delivered, under § 55.1-709/712); few flood-specific affirmative remedies because the owner makes no flood representations.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The Act is largely a disclaimer-style regime by design (owner 'makes no representations'); standard exemptions apply under § 55.1-702.

Research note ▾

Primary statute § 55.1-703 fetched and confirms the 'no representations' / buyer-beware flood posture and the duty to point buyers to FEMA/state flood resources. The repetitive-loss flood-history disclosure and delivery-timing/termination remedies are in adjacent sections (§ 55.1-709/712) not individually fetched here; treat those specifics as secondary. disclosure_level 'limited' — the form's flood handling is essentially a referral/disclaimer plus a narrow repetitive-loss-knowledge duty.

Buyer's rights

If you're buying in Virginia

Your rights re-framed from the buyer's side, plus a pre-closing checklist that holds in every state.

What Virginia law gives you as a buyer

Virginia requires a seller disclosure (see the answer cards), so you have a statutory document to rely on — and a remedy if the seller knowingly withheld a material flood fact. Buyer's primary protection is the statutory disclosure-statement delivery requirement (with a contract-termination right if not timely delivered, under § 55.1-709/712); few flood-specific affirmative remedies because the owner makes no flood representations.

Va. Code Ann. § 55.1-703 (Residential Property Disclosure Act, § 55.1-700 et seq.)

Your pre-closing checklist (works in every state)

  • Pull a free FEMA flood-zone lookup

    Enter the address on FEMA's Flood Map Service Center to see the property's flood-zone designation (Special Flood Hazard Area = Zone A/V). This is public and free, regardless of what the seller discloses.

    msc.fema.gov ↗

  • Request a CLUE / loss-history report

    A C.L.U.E. (Comprehensive Loss Underwriting Exchange) report shows insurance claims filed on the property in the last ~7 years, including water and flood claims. The current owner can pull theirs free once a year from LexisNexis.

    LexisNexis consumer disclosure ↗

  • Get an independent inspection — ask about water

    Hire your own inspector and specifically flag drainage, grading, sump pumps, and signs of past water intrusion (staining, efflorescence, fresh paint in basements). An inspection contingency protects you if problems surface.

  • Get a flood-insurance quote before you waive contingencies

    Quote NFIP or private flood coverage early. Homeowners' insurance does NOT cover flood damage. A federally backed mortgage on a property in a Special Flood Hazard Area generally requires flood insurance — budget for it.

    floodsmart.gov ↗

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Step 2 — Your answer

Virginia

Does the seller have to disclose flooding?

Disclosure required

General disclosure

Virginia's Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.) is fundamentally a buyer-beware regime: the seller provides a Residential Property Disclosure Statement that makes few affirmative representations and directs buyers to investigate. Under § 55.1-703, the owner makes NO representation about whether the property is in a special flood hazard area and advises buyers to obtain flood certification, review FEMA maps, and consult Virginia's Flood Risk Information website. The Real Estate Board must post a flood-risk information form. A separate provision requires an owner with actual knowledge of repetitive-loss flood history to disclose it.

A general property-condition disclosure captures flooding through a water/drainage or known-defect item, but has no dedicated flood-zone question.

Va. Code Ann. § 55.1-703 (Residential Property Disclosure Act, § 55.1-700 et seq.)Primary-source verified· verified June 16, 2026

What triggers the duty

  • Sale of residential real property of 1-4 dwelling units
  • Owner's actual knowledge (for the repetitive-risk-loss flood disclosure provision)

Penalties & remedies

§ 55.1-703 itself specifies no penalty for flood non-disclosure; remedies for failure to deliver the statement and for fraud are governed by other Act sections (e.g., § 55.1-712) and common law.

Buyer remedy: Buyer's primary protection is the statutory disclosure-statement delivery requirement (with a contract-termination right if not timely delivered, under § 55.1-709/712); few flood-specific affirmative remedies because the owner makes no flood representations.

Opt-out gotchas

No statutory opt-out or waiver-for-credit mechanism identified. The Act is largely a disclaimer-style regime by design (owner 'makes no representations'); standard exemptions apply under § 55.1-702.

Research note ▾

Primary statute § 55.1-703 fetched and confirms the 'no representations' / buyer-beware flood posture and the duty to point buyers to FEMA/state flood resources. The repetitive-loss flood-history disclosure and delivery-timing/termination remedies are in adjacent sections (§ 55.1-709/712) not individually fetched here; treat those specifics as secondary. disclosure_level 'limited' — the form's flood handling is essentially a referral/disclaimer plus a narrow repetitive-loss-knowledge duty.

Summary of Virginia law as of June 2026. Not legal advice.

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