{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-709.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-709.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-709.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-709.html"}],"law_id":83519,"edition_id":1,"section_id":83519,"structure_id":15127,"section_number":"55.1-709","catch_line":"Time for disclosure; termination of contract","history":"1992, c. 717, \u00a7 55-520; 1993, c. 818; 2005, c. 510; 2007, c. 265; 2011, c. 82; 2017, c. 386; 2018, cc. 60, 86; 2019, c. 712; 2020, c. 749.","full_text":"A\n\nThe owner of residential real property subject to this chapter shall provide notification to the purchaser of any disclosures required by this chapter prior to the ratification of a real estate purchase contract or otherwise be subject to the provisions of subsection B. The disclosures required by this chapter shall be provided by the Real Estate Board on its website. The disclosures shall be current as of the date of delivery. Nothing herein shall be construed to require the seller to provide subsequent delivery of additional disclosures if a transaction pursuant to a ratified real estate contract proceeds to settlement after the effective date of legislation amending any of the disclosures under this chapter, provided that the correct disclosures were delivered under the law in effect at the time of delivery.B\n\nIf the disclosures required by this chapter are delivered to the purchaser after ratification of the real estate purchase contract, the purchaser&#8217;s sole remedy shall be to terminate the real estate purchase contract upon or prior to the earliest of (i) three days after delivery of the disclosure statement in person or by electronic delivery; (ii) five days after the postmark if the disclosure statement is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) settlement upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the purchaser&#8217;s making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan; or (vi) the execution by the purchaser after receiving the disclosure statement required by this chapter of a written waiver of the purchaser&#8217;s right of termination under this chapter contained in a writing separate from the real estate purchase contract. In order to terminate a real estate purchase contract when permitted by this chapter, the purchaser must, within the times required by this chapter, give written notice to the owner by one of the following methods:1\n\nHand delivery;2\n\nUnited States mail, postage prepaid, provided that the sender retains sufficient proof of mailing, which may be a certificate of service prepared by the sender confirming such mailing;3\n\nElectronic delivery; or4\n\nOvernight delivery using a commercial service or the United States Postal Service.\n\t\t\t\tIf the purchaser terminates a real estate purchase contract in compliance with this chapter, the termination shall be without penalty to the purchaser, and any deposit shall be promptly returned to the purchaser.C\n\nNotwithstanding the provisions of subsection B of &#xA7; 55.1-713, no purchaser of residential real property located in a noise zone designated on the official zoning map of the locality as having a day-night average sound level of less than 65 decibels shall have the right to terminate a real estate purchase contract pursuant to this section for failure of the property owner to timely provide any disclosure required by this chapter.","order_by":null,"text":{"0":{"id":299286,"text":"The owner of residential real property subject to this chapter shall provide notification to the purchaser of any disclosures required by this chapter prior to the ratification of a real estate purchase contract or otherwise be subject to the provisions of subsection B. The disclosures required by this chapter shall be provided by the Real Estate Board on its website. The disclosures shall be current as of the date of delivery. Nothing herein shall be construed to require the seller to provide subsequent delivery of additional disclosures if a transaction pursuant to a ratified real estate contract proceeds to settlement after the effective date of legislation amending any of the disclosures under this chapter, provided that the correct disclosures were delivered under the law in effect at the time of delivery.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299287,"text":"If the disclosures required by this chapter are delivered to the purchaser after ratification of the real estate purchase contract, the purchaser&#8217;s sole remedy shall be to terminate the real estate purchase contract upon or prior to the earliest of (i) three days after delivery of the disclosure statement in person or by electronic delivery; (ii) five days after the postmark if the disclosure statement is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) settlement upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the purchaser&#8217;s making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan; or (vi) the execution by the purchaser after receiving the disclosure statement required by this chapter of a written waiver of the purchaser&#8217;s right of termination under this chapter contained in a writing separate from the real estate purchase contract. In order to terminate a real estate purchase contract when permitted by this chapter, the purchaser must, within the times required by this chapter, give written notice to the owner by one of the following methods:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":299288,"text":"Hand delivery;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":299289,"text":"United States mail, postage prepaid, provided that the sender retains sufficient proof of mailing, which may be a certificate of service prepared by the sender confirming such mailing;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":299290,"text":"Electronic delivery; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":299291,"text":"Overnight delivery using a commercial service or the United States Postal Service.\n\t\t\t\tIf the purchaser terminates a real estate purchase contract in compliance with this chapter, the termination shall be without penalty to the purchaser, and any deposit shall be promptly returned to the purchaser.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":299292,"text":"Notwithstanding the provisions of subsection B of &#xA7; 55.1-713, no purchaser of residential real property located in a noise zone designated on the official zoning map of the locality as having a day-night average sound level of less than 65 decibels shall have the right to terminate a real estate purchase contract pursuant to this section for failure of the property owner to timely provide any disclosure required by this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"ancestry":[{"id":15127,"edition_id":1,"name":"Virginia Residential Property Disclosure Act","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":13524,"metadata":{},"date_created":"2026-06-26 03:52:20","date_modified":"2026-06-26 03:52:20","permalink":{"id":245745,"object_type":"structure","relational_id":15127,"identifier":"7","token":"55.1\/II\/7","url":"\/55.1\/II\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13524,"edition_id":1,"name":"Real Estate Settlements and Recordation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245369,"object_type":"structure","relational_id":13524,"identifier":"II","token":"55.1\/II","url":"\/55.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69225,"structure_id":15127,"section_number":"55.1-700","catch_line":"Definitions","url":"\/55.1-700\/","token":"55.1\/II\/7\/55.1-700","metadata":false},{"id":57762,"structure_id":15127,"section_number":"55.1-701","catch_line":"Applicability","url":"\/55.1-701\/","token":"55.1\/II\/7\/55.1-701","metadata":false},{"id":61092,"structure_id":15127,"section_number":"55.1-702","catch_line":"Exemptions","url":"\/55.1-702\/","token":"55.1\/II\/7\/55.1-702","metadata":false},{"id":84205,"structure_id":15127,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","url":"\/55.1-703\/","token":"55.1\/II\/7\/55.1-703","metadata":false},{"id":65715,"structure_id":15127,"section_number":"55.1-704","catch_line":"Required disclosures pertaining to a military air installation","url":"\/55.1-704\/","token":"55.1\/II\/7\/55.1-704","metadata":false},{"id":57626,"structure_id":15127,"section_number":"55.1-705","catch_line":"Repealed","url":"\/55.1-705\/","token":"55.1\/II\/7\/55.1-705","metadata":false},{"id":59526,"structure_id":15127,"section_number":"55.1-706","catch_line":"Required disclosures; pending building or zoning violations","url":"\/55.1-706\/","token":"55.1\/II\/7\/55.1-706","metadata":false},{"id":84772,"structure_id":15127,"section_number":"55.1-706.1","catch_line":"Required disclosures; lis pendens","url":"\/55.1-706.1\/","token":"55.1\/II\/7\/55.1-706.1","metadata":false},{"id":75712,"structure_id":15127,"section_number":"55.1-707","catch_line":"Permissive disclosure; tourism activity zone","url":"\/55.1-707\/","token":"55.1\/II\/7\/55.1-707","metadata":false},{"id":69930,"structure_id":15127,"section_number":"55.1-708","catch_line":"Required disclosures; property previously used to manufacture methamphetamine","url":"\/55.1-708\/","token":"55.1\/II\/7\/55.1-708","metadata":false},{"id":80428,"structure_id":15127,"section_number":"55.1-708.1","catch_line":"Required disclosures; stormwater management facilities","url":"\/55.1-708.1\/","token":"55.1\/II\/7\/55.1-708.1","metadata":false},{"id":66774,"structure_id":15127,"section_number":"55.1-708.2","catch_line":"Required disclosures pertaining to repetitive loss","url":"\/55.1-708.2\/","token":"55.1\/II\/7\/55.1-708.2","metadata":false},{"id":83519,"structure_id":15127,"section_number":"55.1-709","catch_line":"Time for disclosure; termination of contract","url":"\/55.1-709\/","token":"55.1\/II\/7\/55.1-709","metadata":false},{"id":59277,"structure_id":15127,"section_number":"55.1-710","catch_line":"Owner liability","url":"\/55.1-710\/","token":"55.1\/II\/7\/55.1-710","metadata":false},{"id":83496,"structure_id":15127,"section_number":"55.1-711","catch_line":"Change in circumstances","url":"\/55.1-711\/","token":"55.1\/II\/7\/55.1-711","metadata":false},{"id":58418,"structure_id":15127,"section_number":"55.1-712","catch_line":"Duties of real estate licensees","url":"\/55.1-712\/","token":"55.1\/II\/7\/55.1-712","metadata":false},{"id":80711,"structure_id":15127,"section_number":"55.1-713","catch_line":"Actions under this chapter","url":"\/55.1-713\/","token":"55.1\/II\/7\/55.1-713","metadata":false},{"id":84981,"structure_id":15127,"section_number":"55.1-714","catch_line":"Real Estate Board to develop form; when effective","url":"\/55.1-714\/","token":"55.1\/II\/7\/55.1-714","metadata":false}],"previous_section":{"id":66774,"structure_id":15127,"section_number":"55.1-708.2","catch_line":"Required disclosures pertaining to repetitive loss","url":"\/55.1-708.2\/","token":"55.1\/II\/7\/55.1-708.2","metadata":false},"next_section":{"id":59277,"structure_id":15127,"section_number":"55.1-710","catch_line":"Owner liability","url":"\/55.1-710\/","token":"55.1\/II\/7\/55.1-710","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-709\/","history_text":"<p>This law was first created in 1992. The record of its establishment is cataloged in chapter 717 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 818; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0510\">510<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0265\">265<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0082\">82<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0386\">386<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0060\">60<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0086\">86<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0749\">749<\/a>.<\/p>","references":false,"refers_to":[{"id":80711,"section_number":"55.1-713","catch_line":"Actions under this chapter","order_by":null,"url":"\/55.1-713\/"}],"permalink":{"id":245795,"object_type":"law","relational_id":83519,"identifier":"55.1-709","token":"55.1\/II\/7\/55.1-709","url":"\/55.1-709\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-709\/","token":"55.1\/II\/7\/55.1-709","dublin_core":{"Title":"Time for disclosure; termination of contract","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-709","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The owner of residential real property subject to this chapter shall provide <span class=\"dictionary\">notification<\/span> to the purchaser of any disclosures required by this chapter prior to the <span class=\"dictionary\">ratification<\/span> of a real estate purchase contract or otherwise be subject to the provisions of subsection B. The disclosures required by this chapter shall be provided by the Real Estate Board on its website. The disclosures shall be current as of the date of delivery. Nothing herein shall be construed to require the seller to provide subsequent delivery of additional disclosures if a transaction pursuant to a ratified <span class=\"dictionary\">real estate contract<\/span> proceeds to <span class=\"dictionary\">settlement<\/span> after the effective date of legislation amending any of the disclosures under this chapter, provided that the correct disclosures were delivered under the <span class=\"dictionary\">law<\/span> in effect at the time of delivery. <a id=\"paragraph-299286\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the disclosures required by this chapter are delivered to the purchaser after <span class=\"dictionary\">ratification<\/span> of the real estate purchase contract, the purchaser&#8217;s sole remedy shall be to terminate the real estate purchase contract upon or prior to the earliest of (i) three days after delivery of the <span class=\"dictionary\">disclosure statement<\/span> in person or by electronic delivery; (ii) five days after the postmark if the <span class=\"dictionary\">disclosure statement<\/span> is deposited in the United States mail, postage prepaid, and properly addressed to the purchaser; (iii) <span class=\"dictionary\">settlement<\/span> upon purchase of the property; (iv) occupancy of the property by the purchaser; (v) the purchaser&#8217;s making written application to a lender for a mortgage loan where such application contains a disclosure that the right of termination shall end upon the application for the mortgage loan; or (vi) the execution by the purchaser after receiving the <span class=\"dictionary\">disclosure statement<\/span> required by this chapter of a written <span class=\"dictionary\">waiver<\/span> of the purchaser&#8217;s right of termination under this chapter contained in a writing separate from the real estate purchase contract. In <span class=\"dictionary\">order<\/span> to terminate a real estate purchase contract when permitted by this chapter, the purchaser must, within the times required by this chapter, give written notice to the owner by one of the following methods: <a id=\"paragraph-299287\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Hand delivery; <a id=\"paragraph-299288\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> United States mail, postage prepaid, provided that the sender retains sufficient proof of mailing, which may be a certificate of service prepared by the sender confirming such mailing; <a id=\"paragraph-299289\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Electronic delivery; or <a id=\"paragraph-299290\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Overnight delivery using a commercial service or the United States Postal Service.\n\t\t\t\tIf the purchaser terminates a real estate purchase contract in compliance with this chapter, the termination shall be without <span class=\"dictionary\">penalty<\/span> to the purchaser, and any deposit shall be promptly returned to the purchaser. <a id=\"paragraph-299291\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding the provisions of subsection B of &#xA7; <a class=\"law\" title=\"Actions under this chapter\" href=\"\/55.1-713\/\">55.1-713<\/a>, no purchaser of residential real property located in a noise zone designated on the official zoning map of the locality as having a day-night average sound level of less than 65 decibels shall have the right to terminate a real estate purchase contract pursuant to this section for failure of the property owner to timely provide any disclosure required by this chapter. <a id=\"paragraph-299292\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-709\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTIME FOR DISCLOSURE; TERMINATION OF CONTRACT (\u00a7 55.1-709)\n\nA. The owner of residential real property subject to this chapter shall provide\nnotification to the purchaser of any disclosures required by this chapter prior\nto the ratification of a real estate purchase contract or otherwise be subject\nto the provisions of subsection B. The disclosures required by this chapter\nshall be provided by the Real Estate Board on its website. The disclosures shall\nbe current as of the date of delivery. Nothing herein shall be construed to\nrequire the seller to provide subsequent delivery of additional disclosures if a\ntransaction pursuant to a ratified real estate contract proceeds to settlement\nafter the effective date of legislation amending any of the disclosures under\nthis chapter, provided that the correct disclosures were delivered under the law\nin effect at the time of delivery.\n\nB. If the disclosures required by this chapter are delivered to the purchaser\nafter ratification of the real estate purchase contract, the purchaser&#8217;s\nsole remedy shall be to terminate the real estate purchase contract upon or\nprior to the earliest of (i) three days after delivery of the disclosure\nstatement in person or by electronic delivery; (ii) five days after the postmark\nif the disclosure statement is deposited in the United States mail, postage\nprepaid, and properly addressed to the purchaser; (iii) settlement upon purchase\nof the property; (iv) occupancy of the property by the purchaser; (v) the\npurchaser&#8217;s making written application to a lender for a mortgage loan\nwhere such application contains a disclosure that the right of termination shall\nend upon the application for the mortgage loan; or (vi) the execution by the\npurchaser after receiving the disclosure statement required by this chapter of a\nwritten waiver of the purchaser&#8217;s right of termination under this chapter\ncontained in a writing separate from the real estate purchase contract. In order\nto terminate a real estate purchase contract when permitted by this chapter, the\npurchaser must, within the times required by this chapter, give written notice\nto the owner by one of the following methods:\n\n   1. Hand delivery;\n\n   2. United States mail, postage prepaid, provided that the sender retains\n   sufficient proof of mailing, which may be a certificate of service prepared by\n   the sender confirming such mailing;\n\n   3. Electronic delivery; or\n\n   4. Overnight delivery using a commercial service or the United States Postal\n   Service.\n   \t\t\t\tIf the purchaser terminates a real estate purchase contract in compliance\n   with this chapter, the termination shall be without penalty to the purchaser,\n   and any deposit shall be promptly returned to the purchaser.\n\nC. Notwithstanding the provisions of subsection B of &#xA7; 55.1-713, no\npurchaser of residential real property located in a noise zone designated on the\nofficial zoning map of the locality as having a day-night average sound level of\nless than 65 decibels shall have the right to terminate a real estate purchase\ncontract pursuant to this section for failure of the property owner to timely\nprovide any disclosure required by this chapter.\n\nHISTORY: 1992, c. 717, \u00a7 55-520; 1993, c. 818; 2005, c. 510; 2007, c. 265;\n2011, c. 82; 2017, c. 386; 2018, cc. 60, 86; 2019, c. 712; 2020, c. 749.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}