Key Takeaways

  • Virginia real estate contracts must be in writing per the Statute of Frauds to be enforceable
  • The Virginia Association of REALTORS (VAR) provides standard contract forms used in most residential transactions
  • Virginia contracts typically include contingencies for financing, inspections, and home sale
  • Earnest money deposits must be deposited promptly in accordance with contract terms
  • Virginia follows the "reasonable time" doctrine unless time is of the essence is specified
Last updated: January 2026

Virginia Purchase and Sale Agreements

Important: This content covers Virginia-specific contract law. You should complete the National Real Estate Exam Prep first, as general contract principles are tested on the national portion.

Real estate contracts in Virginia must meet all standard contract requirements plus Virginia-specific provisions.

Standard Contract Requirements

For a valid Virginia real estate contract:

RequirementDescription
Competent PartiesLegal age (18+) and mental capacity
Offer and AcceptanceMeeting of the minds
Legal PurposeTransaction must be lawful
ConsiderationSomething of value exchanged
Written FormStatute of Frauds requires writing
Legal DescriptionProperty must be identifiable

Common Virginia Contract Forms

The Virginia Association of REALTORS (VAR) provides standard forms used in most residential transactions:

Key VAR Form Provisions

SectionPurpose
Purchase PriceTotal price and payment terms
Earnest Money DepositAmount, holder, and deposit timeline
Financing ContingencyLoan type, amount, and conditions
Home InspectionInspection rights and remedies
Settlement DateClosing date and location
Additional TermsSpecial conditions and provisions

Earnest Money Deposits

Virginia practice for earnest money:

  • Amount is negotiable between parties
  • Should be deposited promptly per contract terms
  • Held in escrow by broker, title company, or attorney
  • Default: typically handled per contract provisions

Note: The contract should specify where funds will be held and the timeline for deposit.

Key Contract Provisions

Time of the Essence

Virginia follows "reasonable time" doctrine by default, meaning:

  • Deadlines are important but may allow flexibility
  • Minor delays may not be grounds for default
  • If contract specifies "time is of the essence," deadlines are strict

To make time of the essence:

  • Must be expressly stated in the contract
  • All parties must agree
  • Late performance can then be grounds for termination

Contingencies

Virginia contracts commonly include:

ContingencyPurpose
FinancingBuyer must obtain satisfactory loan
Home InspectionBuyer may inspect and negotiate repairs
AppraisalProperty must appraise at purchase price
Home SaleBuyer must sell existing home first

Home Inspection Contingency

Virginia buyers typically have the right to:

  • Conduct inspections within specified timeframe
  • Request repairs or price reduction
  • Accept property "as is" for certain items
  • Terminate if major defects are found

Financing Contingency

Protects the buyer if:

  • Loan application is denied
  • Interest rate exceeds specified maximum
  • Loan terms are unacceptable
  • Appraisal comes in below purchase price

Contract Amendments

Changes to the contract after signing require:

Change TypeMethod
Before acceptanceCounter-offer or new offer
After binding agreementWritten amendment signed by all parties
Extension of deadlinesAddendum or amendment
Material changesRequires written agreement

When the Contract Becomes Binding

A Virginia purchase contract becomes binding when:

  1. All parties have signed the agreement
  2. Acceptance is communicated to the offering party
  3. Delivery of signed contract is completed

Important: An offer can be revoked at any time before acceptance is communicated.

Loading diagram...
Virginia Purchase Contract Timeline
Test Your Knowledge

In Virginia, what is required for a real estate contract to be enforceable?

A
B
C
D
Test Your Knowledge

What is Virginia's default rule regarding contract deadlines?

A
B
C
D