Tom is purchasing a resale home in Fairfax County. The seller, Linda, provides Tom with a disclaimer statement under the Virginia Residential Property Disclosure Act rather than a full disclosure statement. After moving in, Tom discovers that the basement has a chronic water intrusion problem that Linda knew about for years but never mentioned. Which of the following most accurately describes Tom's legal position?

Correct Answer

A) Tom may have a claim against Linda because a disclaimer does not protect a seller who actively conceals a known material defect or commits fraud.

Under Virginia law, a disclaimer statement shifts the buyer's responsibility to inspect and discover defects, but it does not insulate a seller who actively conceals a known material defect or engages in fraudulent misrepresentation. Linda's deliberate non-disclosure of a known chronic water intrusion problem could constitute fraud or concealment, which is actionable regardless of the disclaimer. The RPDA's disclaimer option is not a license to commit fraud.