Home warranty
in Virginia.
Virginia does not approve a home warranty plan's price or terms before you buy it.
Virginia makes home warranty companies register with the Department of Agriculture and Consumer Services. Net worth can change that. A company whose net worth tops $100 million, on its own or with a parent company, falls outside the registration chapter. Registered companies must hold a reserve account and a bond or letter of credit, or insure all of their contract liabilities.
What does Virginia law require of a home warranty company?
| Topic | What the law says | Source |
|---|---|---|
| Who regulates | The Virginia Department of Agriculture and Consumer Services (VDACS). Companies register with its Commissioner. Home service contracts are not insurance and are not regulated under the state's insurance code, Title 38.2. | Code of Virginia §§ 59.1-434.1, 59.1-434.2(A), 59.1-434.7(A) |
| Registration | A company must be registered before it offers, advertises or sells a contract in Virginia. Registration costs $300, renews every July 1 and needs an audited financial statement. | Code of Virginia § 59.1-434.2(A) |
| Large companies | A company whose net worth tops $100 million, on its own or with its parent, falls outside both this chapter and the insurance code. | Code of Virginia § 59.1-434.7(B) |
| Money held for claims | A reserve of at least 40 percent of the price paid on in-force Virginia contracts, less claims paid. A $10,000 bond or letter of credit, plus additional bond amounts on the statute's schedule: $40,000, $65,000 or $90,000 as unexpired contracts pass $50,000, $300,000 and $750,000. A company can instead file an insurance policy covering 100 percent of its contract liabilities. | Code of Virginia § 59.1-434.3 |
| Plan terms and prices | Companies do not have to file contract forms or rates with the state, so Virginia does not approve a plan's terms or price before it is sold. | Code of Virginia § 59.1-434.2(A) |
| Cancellation and refunds | The chapter sets no cancellation or refund rule. Those terms come from your contract. | Code of Virginia, Title 59.1, Chapter 33.1 (full text) |
| Before you sign | VDACS's consumer notes suggest checking, before you sign, whether and how you can cancel and what prorated refund or fee applies. | VDACS consumer information for home service contracts |
| Records | The company must keep a copy of your contract for its full term and open its contract records to VDACS on written request. | Code of Virginia § 59.1-434.6 |
| Penalties | Any violation is a prohibited practice under the Virginia Consumer Protection Act. A knowing and willful violation is a Class 3 misdemeanor. | Code of Virginia § 59.1-434.8 |
| Complaints | Try the company first. If that fails, file the complaint form with the VDACS Office of Charitable and Regulatory Programs, with copies of the contract, proof of payment and your correspondence. VDACS can't resolve contract disputes. If you win a court judgment the company doesn't pay, VDACS can use it to claim against any bond the company has on file there. | VDACS complaint form |
How do you check that a Virginia home warranty company is registered?
VDACS publishes a list of registered home service contract providers. The copy online is dated December 30, 2025, and every registration on it runs to June 30, 2026, so confirm current status with VDACS before you rely on it.
Search the list for the legal company name printed on your contract, not the brand name. Several entries carry a state suffix, such as American Home Shield of Virginia, Inc.
A company missing from the list is not automatically breaking the law. If it or its parent has a net worth over $100 million, the registration chapter, with its reserve and bond rules, does not apply. Ask the company which part of Virginia law it relies on before you buy.
