Virginia
Selling a house in Virginia: local answers.
Quick answer: Virginia's seller-paid grantor tax is a flat 0.1% of the sale price statewide, with an added 0.15% regional grantor tax in Northern Virginia, and Virginia's non-judicial foreclosure process can move from notice to auction with as little as 14 days' notice, faster than Maryland or DC.
Local answers
Virginia-specific questions, answered plainly.
Also see: situation guides for probate, foreclosure, liens, and more — and the other area FAQs: Washington DC · Maryland.
How much is Virginia grantor and recordation tax?
Virginia's grantor tax is a flat $0.50 per $500 of sale price (0.1%), paid by the seller statewide under Code of Virginia §58.1-802, with an added 0.15% regional 'congestion relief' grantor tax in Northern Virginia under §58.1-802.2. A separate recordation tax applies mostly on the buyer/grantee side.
Who typically pays closing costs in Virginia?
By statute, the seller pays the grantor tax, while the buyer typically covers the recordation tax on the deed and deed of trust, plus their own loan and title costs. Beyond those statutory taxes, other closing costs are negotiable between buyer and seller.
How long does a typical Virginia home sale take?
A financed retail sale commonly takes 30-45 days to close once under contract, plus time to find a buyer. An as-is cash sale can close in as little as 1-3 weeks, or on a seller-chosen date, since there's no financing contingency.
How does probate work for an inherited Virginia property?
The Circuit Court Clerk's probate office in the county or city where the deceased lived qualifies the executor or administrator, who then needs that qualification before signing a valid sale contract for the estate. Simple, uncontested estates typically move faster than contested ones.
Why does Virginia foreclosure move so fast?
Most Virginia foreclosures are non-judicial, using the power-of-sale clause in the deed of trust rather than going through court. State law only requires written notice at least 14 days before the sale itself (Va. Code §55.1-321), which is why Virginia homeowners need to act within days of a default notice, not weeks.
What are the eviction rules for a Virginia rental?
Landlords must file an unlawful detainer action in General District Court — self-help eviction is not allowed. Many Virginia rentals also fall under the Virginia Residential Landlord and Tenant Act (VRLTA), which sets specific notice and procedural requirements that must be followed before and during the court process.
Does Virginia require a lead paint disclosure?
Yes, for homes built before 1978. Federal law (the Residential Lead-Based Paint Hazard Reduction Act) requires disclosure of known lead-based paint hazards and an EPA pamphlet for buyers, and this applies in Virginia the same as everywhere else in the country.
What does Virginia's Residential Property Disclosure Act require?
Virginia is largely a 'buyer beware' (caveat emptor) state for residential sales. Most sellers provide a Residential Property Disclosure Statement disclaiming affirmative representations about the property's condition, rather than a detailed disclosure of specific defects as in some other states. Even so, sellers cannot actively conceal a known material defect.
How is a cash offer calculated in Virginia?
Most cash buyers start from the home's estimated after-repair value, then subtract repair costs, holding costs, closing costs, and their margin. Ask for the math in writing so you can weigh it against what a retail listing might realistically net.
What Virginia scams should sellers watch for?
Watch for unlicensed operators doing repeat contract assignments without proper disclosure (Virginia restricts repeat unlicensed wholesaling), anyone requesting an upfront fee, and pressure to sign quickly without time to review the contract. A legitimate buyer explains their role and the contract terms in writing.
Can an HOA lien affect selling a Virginia property?
Yes. Virginia's Property Owners' Association Act allows associations to place liens for delinquent assessments and fees, and unresolved liens can lead to enforcement action. Any outstanding lien is typically paid off from sale proceeds at closing.
Is Virginia foreclosure ever judicial instead of non-judicial?
Judicial foreclosure is possible in Virginia but uncommon, since most deeds of trust include a power-of-sale clause that allows the faster non-judicial process. Judicial foreclosure, when it happens, generally takes longer because it goes through the court system.
Do I need an attorney to sell a house in Virginia?
Virginia does not require an attorney at closing the way some states do; settlement agents and title companies routinely handle residential closings. An attorney is still worth involving for probate, contested title, or anything more complex than a straightforward single-owner sale.