This guide is general information, not legal advice. Disclosure questions depend on your facts and your contract. Talk to your real estate agent or a Virginia real estate attorney before you decide what to disclose.
What Virginia law says
Virginia's Residential Property Disclosure Act, in Title 55.1 of the Code of Virginia, requires the seller of most homes to give the buyer a disclosure statement published by the Virginia Real Estate Board. Section 55.1-703 sets out what it says. It is a "buyer beware" statement: the owner makes no representations or warranties about the condition of the property, and the buyer is told to do their own checking before settlement.
Mold is named in that list. The statement advises buyers to consider a mold assessment by a business that follows U.S. Environmental Protection Agency guidelines. So the law puts the job of finding mold on the buyer, and the buyer's inspector will usually look in the attic, the basement, the crawlspace and under sinks.
Section 55.1-710 adds that an owner is generally not liable for an error or omission in the disclosure that was not within the owner's actual knowledge.
Why buyer beware is not the whole story
- Your listing agent has duties of their own. Virginia agents must disclose material adverse facts about the physical condition of the property that they actually know about. In a December 2025 answer, the Virginia REALTORS Legal Hotline said a basement that is treated for mold every year should be disclosed, because the problem keeps coming back.
- Hiding a problem is different from staying quiet. Painting over mold, covering it with furniture, or giving a false answer to a buyer's direct question can lead to claims after closing. That is a question for an attorney, not a restoration company, but it is a real risk.
- Your contract may say more. Many sales contracts include inspection contingencies and addenda that change what you have to share or fix.
Remediated versus treated
The same Legal Hotline answer drew a useful line. When a problem has been remediated, it is generally no longer a present material adverse fact. When it is only treated and keeps returning, it still is. In mold terms, remediation means the moldy material came out, the area was cleaned and dried, and the moisture source was fixed. A spray of bleach on a basement wall every fall is treatment.
That is why records matter. If you had mold removed, keep the scope of work, photos and any moisture readings or test results. If a buyer's inspector notices old staining, that paperwork answers the question.
Where sellers in Northern Virginia find mold
- Finished basements where a past leak or groundwater was never fully dried
- Attics with bathroom fans that vent into the attic instead of outside
- Crawlspaces with no vapor barrier or poor drainage
- Under kitchen and bathroom sinks with slow drips
- Behind washing machines and around water heaters
What to do before you list
- Look for signs. A musty smell, staining or spotting on drywall, ceilings or baseboards, peeling paint low on basement walls, or a past leak that was never opened up and dried.
- Get it checked. Our mold inspection and testing tells you if you have mold and how far it goes.
- Fix the cause and the mold. Our mold remediation contains the area, removes the affected material and dries the structure. The same crew rebuilds the walls or floors that came out, so the house is ready to show.
- Keep the paperwork. Photos, the scope of work and moisture readings. Share them with your agent and attorney.
- Ask your agent and attorney what to disclose. They can tell you how your facts fit Virginia law and your contract.
If you rent the house out
Rentals follow different rules. Under section 55.1-1215 of the Virginia Residential Landlord and Tenant Act, the move-in inspection report has to state if there is visible mold in readily accessible interior areas. If there is and the tenant moves in, the landlord must remediate it. Landlords selling a rental should have both sets of rules in mind.