It is possible for you to waive the protections of this Act by signing a separate document. You can ask for the documents but waive the right to cancel the contract if you don't like what you see. Or, you can waive receipt of the package completely. The Virginia Real Estate Board, part of the Department of Commerce, designed forms for both disclosure and disclaimer. You should receive one of these forms before making an offer.
Some sales are exempt, notably sales from an estate or foreclosure.
They may not know what occurred during previous ownership. They may be reluctant to certify or express an opinion on conditions that are not in their field of expertise. Even if the seller discloses, it is only to the best of his knowledge and belief. If there is a defect, the seller is not liable for an error, inaccuracy or omission in the disclosure statement unless he knew about it. Honest errors do not give the buyer a right to sue.