Agent Kevin, who recently transferred his license from a state that requires mandatory seller disclosure, is now working in Virginia. He tells his seller client, Patricia, that she must complete a full disclosure statement listing all known defects before listing her home. Patricia's neighbor, who recently sold her own home, tells Patricia that she used a disclaimer statement instead. Which of the following statements best describes the correct legal position under Virginia law?

Correct Answer

C) Both options are available to Patricia under Virginia's RPDA; Kevin's assumption that full disclosure is mandatory reflects the law of other states, not Virginia.

Virginia's Residential Property Disclosure Act (Va. Code § 55.1-700 et seq.) uniquely provides sellers with two legally valid options: a disclosure statement or a disclaimer statement. Kevin's assumption that full disclosure is mandatory reflects the law of many other states but is incorrect in Virginia. Patricia is legally entitled to choose either option. This is one of Virginia's most distinctive and frequently tested real estate law concepts, and agents transferring from other states often carry incorrect assumptions about this requirement.