Hiring a Real Estate Lawyer in Virginia
What a home seller in Virginia must disclose, how foreclosure works, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Virginia: fee rules
| Rules on contingency fees | Under Virginia Rule of Professional Conduct 1.5(c), a fee may be contingent on the outcome unless paragraph (d) or other law prohibits it; a contingent fee agreement must be in writing and describe how the fee is calculated, and at the end the lawyer must give the client a written statement of the outcome and any remittance. Rule 1.5(d) bars contingent fees in domestic relations matters except in rare instances, and for defending a criminal case. Rule 1.5(b) requires the fee to be adequately explained, and for new clients the amount, basis or rate should be communicated, preferably in writing. |
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| If you disagree with a lawyer's bill | The Virginia State Bar's Fee Dispute Resolution Program is a voluntary program to help attorneys and clients resolve disputes over fees and costs for legal services by a Virginia lawyer. Both sides must agree; mediation is non-binding, and binding arbitration (enforceable by the circuit court) is available if mediation fails. It cannot hear disputes already decided by a court, or pending in court unless both parties agree in writing and the case is nonsuited or stayed. The petitioner pays a one-time, nonrefundable $20 administrative fee. Start with the online Request for Agreement to Participate form or the fee dispute hotline at (804) 775-9423, then send the Agreement to Participate and the $20 check to the assigned Circuit Committee Chair. |
| If a lawyer takes your money | The Virginia State Bar's Clients' Protection Fund may reimburse a documented financial loss caused by a Virginia lawyer's dishonest conduct (not negligence or malpractice) arising from a lawyer-client or fiduciary relationship. The lawyer must be disbarred, suspended, transferred to another membership class during a disciplinary proceeding, resigned, deceased, adjudicated incompetent, discharged in bankruptcy, or unlocatable. Awards are discretionary and the Fund is a last resort. File within seven years from when you knew or should have known of the loss, using the English-language petition for reimbursement, by mail or email; questions (804) 775-0572. |
Virginia rules to know first
| What a home seller must disclose | Yes, but it is a "buyer beware" form rather than a detailed condition report. The owner of residential real property must give the buyer a residential property disclosure statement, published by the Real Estate Board on its website, stating among other things that the owner makes no representations or warranties about the property's condition and that buyers should do their own due diligence, such as a home inspection. The version reviewed is marked effective until January 1, 2027; an amended version takes effect on that date. Source: Va. Code § 55.1-703 |
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| How foreclosure works | Virginia law provides for non-judicial foreclosure of a deed of trust: on default, the trustee named in the deed of trust (or a substitute trustee) can sell the property at a public sale after giving the written notices and newspaper advertisement required by statute, without a court case. |
| Foreclosure timeline | The statute requires the written notice of sale to reach an owner-occupied homeowner no less than 60 days before the sale (14 days for other property), and a sale held after newspaper advertising must take place no earlier than eight days after the first advertisement and no more than 30 days after the last one. The trustee may postpone a sale without new notice. |
| HOA foreclosure | Yes. A property owners' association can perfect a lien for unpaid assessments by filing a memorandum of lien within 12 months after the first unpaid assessment became due, after sending the owner a certified-mail notice at least 10 days before filing. The association may foreclose (judicially or non-judicially) only if the total amount secured is more than $5,000, not counting attorney fees and costs, and must start within 120 months after recording the lien. For a non-judicial sale, the association must first give the owner notice of the debt and a deadline at least 60 days away to pay it, and tell the owner of the right to go to court to raise defenses. Condominium association liens are governed by Va. Source: Va. Code § 55.1-1833 |
Find and check a lawyer
| Lawyer referral service | The Virginia State Bar's Virginia Lawyer Referral Service (VLRS) refers callers to practicing VSB members who have joined its panel. Call (800) 552-7977 (statewide and nationwide toll-free) or (804) 775-0808 (metro Richmond), Monday-Friday, 9am-5pm. A $35.00 non-refundable referral fee, collected by VLRS when you are referred, entitles you to a consultation of up to 30 minutes (by phone or in person) with a VLRS lawyer; neither side is obligated to continue beyond it. The fee is waived for criminal record sealing referrals from July 1, 2026 through June 30, 2027. In Northern Virginia, local bar programs (Fairfax, Alexandria, Prince William) may also help. |
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| Check discipline history or file a complaint | Complaints that a Virginia lawyer violated the Rules of Professional Conduct go to the Virginia State Bar's Intake Office. File in writing only: by the online form, by emailing the downloadable complaint form, or by letter to Intake Office, 1111 East Main, Suite 700, Richmond, VA 23219-0026. Include your full name, mailing address, email and phone, the lawyer's full name and address (complaints against firms are not accepted), a brief but complete description of the facts, and your signature; send copies only, no more than 25 pages. If the complaint does not describe misconduct you are notified in writing; if it does, it goes to the Office of Bar Counsel and a staff attorney contacts you. Complaints are confidential except, for example, when public discipline results. Main line: (804) 775-0500. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Virginians is provided by regional legal aid societies. The Legal Services Corporation (LSC) lists six Virginia grantees: Blue Ridge Legal Services, Central Virginia Legal Aid Society, Legal Aid Society of Eastern Virginia, Legal Services of Northern Virginia, Southwest Virginia Legal Aid Society, and Virginia Legal Aid Society. |
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All legal help in Virginia · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.