Virginia real estate: buy or sell with a local AXEN agent
Virginia is a buyer-beware state, and it means it. The seller's disclosure form does not tell you what is wrong with the house. It tells you to go find out yourself. Here is what is the same everywhere in Virginia, and where to search homes.
Virginia cities we cover
Tap a city for its local guide or the newest homes for sale there.
What every Virginia buyer and seller should know
Virginia is a buyer beware state
Virginia follows caveat emptor. You have to inspect the home. Courts expect a buyer to find what a careful look would find. A seller can still be liable for lying or for hiding a defect on purpose, but the burden starts with you.
The seller's form is a disclaimer, not a condition report
Under the Residential Property Disclosure Act the seller gives you a Residential Property Disclosure Statement. It says the owner makes NO representations about the condition of the property, and it tells you to inspect before settlement. That is the single biggest difference between Virginia and most other states.
The form also points you at zoning and the sex offender registry
The same statement says the owner makes no representations about the zoning or allowed uses of adjacent parcels, and none about registered sex offenders. Both are on you. Check the local zoning office and the Virginia State Police registry yourself.
A late disclosure gives you a short exit
The seller should deliver the statement before the contract is ratified. If it comes later, you can cancel in writing: within 3 days of hand or electronic delivery, or 5 days after mailing. The right ends at settlement, at occupancy, at loan application, or on written waiver, whichever happens first.
Two taxes on the deed, plus extra fees in two regions
State recordation tax is $0.25 per $100 of price or value, whichever is greater, and the locality may add a third of that. Grantor tax is $0.50 per $500. Northern Virginia adds a WMATA capital fee and a regional congestion relief fee, each $0.10 per $100. Hampton Roads adds a $0.06 per $100 regional transportation fee. Those three fall on the seller by default, though each one lets the contract move it to the buyer.
You pick the settlement agent, and it does not have to be a lawyer
Virginia allows non-attorney settlement agents. Attorneys, title companies, title agents, real estate brokers and banks may all close. Every contract for a 1 to 4 unit home has to carry a bold Choice of Settlement Agent notice saying the buyer or borrower picks.
One resale certificate, 14 days, 3 days to cancel
Since July 1, 2023 the old POA packet and condo resale certificate are one document under the Resale Disclosure Act. The seller requests it and the association has 14 days or it counts as unavailable. Unless your contract says otherwise you then get 3 days to cancel. If it never comes, you can cancel any time before settlement.
Land records, wells, septic and tax relief
Deeds record with the circuit court clerk in the county or city where the land sits. Private wells and septic are permitted through the local health department. Real estate is assessed at 100% of fair market value, and most counties reassess every four years. A veteran rated 100% service-connected permanent and total pays no tax on the home and up to one acre, statewide, and a qualifying surviving spouse keeps it.
Closing costs in Virginia: who pays what
Who pays what in Virginia. The deed taxes are set by statute. Almost everything else is custom and can be negotiated.
| Buyer pays | How it works |
|---|---|
| State recordation tax | $0.25 per $100 of price or value, whichever is greater. Custom puts it on the buyer. |
| Local recordation tax | One third of the state tax, if your locality imposes it. |
| Clerk recording fee | $18 for 10 pages or fewer, $32 for 11 to 30, $52 for 31 or more. |
| Settlement agent fee | Set by the agent. No state cap. You pick the agent. |
| Title exam and owner's title policy | A one-time charge based on the price, from the title company. |
| Survey | A flat quote from a surveyor, if the contract, lender or title company asks for one. |
| Home inspection and termite report | Private quotes. VA buyers may pay the termite fee when the Notice of Value requires the report. |
| Well and septic testing | Lab and contractor quotes. Permits and system records come from the local health department. |
| Real estate tax proration | You repay the seller for days after closing they already paid. |
| Seller pays | How it works |
|---|---|
| Grantor tax | $0.50 per $500 of price or value. Paid by the seller, though it can be shifted by agreement. |
| Northern Virginia regional fees | A WMATA capital fee and a congestion relief fee, each $0.10 per $100, in NVTA localities. |
| Hampton Roads regional fee | A transportation improvement fee of $0.06 per $100. |
| Resale certificate | Capped by the state's Common Interest Community Board. The seller pays for preparation, delivery and the unit inspection. |
| Settlement agent and deed preparation | Set by the closer or attorney. No state cap. |
| Recording the release of your old loan | The clerk's fee on the same page-count schedule. |
| Agreed repairs | Whatever the two sides put in writing. |
| Real estate tax proration | Your share of the tax for the days you owned it. |
Local recordation tax, reassessment cycles, elderly and disabled relief rules and well ordinances all differ by city and county, and a few localities are stricter than the state. The resale certificate caps are set by the state board and adjusted periodically. Ask your AXEN agent what applies in your locality before you sign.
How a Virginia home purchase runs
From a ratified contract to a recorded deed, most Virginia sales run about 30 to 45 days. Here is the order, and which parts are law rather than custom.
Get pre-approved →-
Contract is ratified. Both sides sign. The contract carries the bold Choice of Settlement Agent notice. That notice is law.
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Disclosure statement confirmed. The seller should have delivered the disclosure statement before ratification. If it comes late, your 3-day, or 5-day by mail, cancel window starts.
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Deposit and settlement agent opened. Your agent sends the deposit to escrow and your chosen settlement agent opens the file and orders the title search.
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Resale certificate ordered and delivered. The seller requests it and the association has 14 days. When it lands you have 3 days to cancel in writing, unless your contract sets a different period.
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Inspections. Home inspection, termite report, and well and septic tests if the home is not on public water and sewer. Repair talks follow. Days 3 to 14.
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Appraisal and loan work. Your lender orders the appraisal and clears conditions. Days 7 to 30.
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Title exam and clearing. The settlement agent reviews the circuit court land records, orders payoffs, gets the association and tax figures and clears liens. Days 10 to 30.
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Final walkthrough and closing figures. You walk the home and the settlement agent sends the Closing Disclosure with the taxes, fees and prorations.
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Settlement and recording. Everyone signs, money moves, and the deed and deed of trust are recorded with the circuit court clerk. The clerk will not record until the taxes and fees are paid.
Virginia by region
Virginia runs from the beach to the Blue Ridge, and the deed taxes are not the same at both ends. Tap a city for homes for sale there.
Hampton Roads
Coastal cities with heavy military and port ties. Deeds here carry the extra $0.06 per $100 Hampton Roads regional transportation fee under Va. Code 58.1-802.5.
Northern Virginia
The DC commuter side of the state. Arlington and Alexandria pay two extra regional deed fees. Fredericksburg sits outside the NVTA and does not.
Central Virginia
The state capital and the Piedmont, with a mix of city rowhomes, suburbs and country land where wells and septic are common.
Blue Ridge and Southwest
A mountain valley market with older housing stock and more acreage parcels.
AXEN Realty in Virginia
Every AXEN agent in Virginia works under a licensed managing broker: Rusty Smith (AXEN Realty, LLC, firm license 226039321). See every state on the state brokers page.
Buying? Start with the home buying guide and get pre-approved.
Selling? Read the home selling guide and get your home value.
Moving here? Read buying in a new state.
Real estate agent? Changing brokerages in Virginia: you file it, then your new broker signs; state fee: $90 (non-refundable). See how to transfer a Virginia license, the switching checklist, advice for new agents and how keeping 100% works.
Virginia real estate questions
Does the seller have to tell me what is wrong with the house?
No. Virginia is a buyer-beware state. The seller's disclosure statement says the owner makes no representations about the condition and tells you to inspect. You have to hire your own inspector. A seller can still be liable for hiding or lying about a defect.
What if I get the disclosure statement after we sign?
You can cancel in writing. You get 3 days after hand or electronic delivery, or 5 days after it is mailed. The right ends at settlement, at occupancy, at loan application, or when you sign a waiver, whichever comes first. Your deposit comes back.
Do I need a lawyer to close in Virginia?
No. Virginia allows non-attorney settlement agents. Attorneys, title companies, title agents, brokers and banks may all close. Your contract has to show a bold notice saying you get to pick. Many buyers still use an attorney for hard title issues.
Who pays the transfer taxes?
By custom the buyer pays the state and local recordation tax. By statute the grantor tax and the regional deed fees fall on the seller, though the contract can shift them. Everything is figured on the price or the value, whichever is higher.
What are the extra fees in Northern Virginia and Hampton Roads?
Under Va. Code 58.1-802.3 and 58.1-802.4, Northern Virginia localities add two seller-side fees, each $0.10 per $100. Hampton Roads adds a regional transportation improvement fee of $0.06 per $100. These stack on top of the normal grantor tax, and the clerk will not record until they are paid.
How does the HOA or condo packet work now?
Since July 2023 there is one document, the resale certificate. The seller orders it and the association has 14 days. If your contract sets no other period you have 3 days to cancel after you get it. If it never comes, you can cancel any time before settlement.
Is a termite report required?
Not by state law. VA and FHA lenders commonly require a wood-destroying insect report in Virginia, and VA rules let the buyer pay that fee when the Notice of Value calls for it. Cash buyers should still order one. Required treatment is usually done before closing.
How is my property tax figured?
Real estate is assessed at 100% of fair market value, and each city or county sets its own rate. Counties usually reassess every four years and some do it more often. Owners 65 and older or permanently disabled may qualify for local relief, and a veteran rated 100% permanent and total pays nothing on the home and up to an acre.