Va. Code » Title 11. Contracts » Chapter 1. General Provisions
Virginia Code

Va. Code Ann. § 11-1 (2026)

Certain contracts void as to creditors and purchasers unless in writing; law governing validity of contracts creating security interests

✓ current as of May 2026
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Every contract, not in writing, made in respect to real estate or goods and chattels in consideration of marriage, or made for the conveyance or sale of real estate, or a term therein of more than five years, and, except as otherwise provided in § 8.2-402 of the Uniform Commercial Code, every bill of sale or contract for the sale of goods and chattels when the possession is allowed to remain with the seller, shall be void, both at law and in equity, as to purchasers for value and without notice and creditors; provided, however, that if any such contract or bill of sale as is mentioned in this section creates a security interest as defined in the Uniform Commercial Code, its validity and enforceability shall be governed by the provisions of that Code.

Code 1919, § 5192; 1964, c. 314; 1966, c. 397.

Notes of Decisions
Cited in 42 cases, 1962–2020 · leading case: Hung-Lin Wu v. Tseng, 459 F. Supp. 2d 468 (E.D. Va. 2006).
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Hung-Lin Wu v. Tseng, 459 F. Supp. 2d 468 (E.D. Va. 2006). · cites it 23× “See Va.Code Ann. §§ 11-1 and 55-96. 1. Section 11-1 of the Virginia Code Section 11-1 addresses those contracts that are void unless in writing.”
Monument Assocs. v. Arlington Cnty. Bd., 408 S.E.2d 889 (Va. 1991). · cites it 4× “The portion of the ordinance in issue, codified in § 11-1 (f) of the County code, provided: “The calculation of gross receipts for license tax purposes shall be on either a cash or actual basis, provided, however, that the basis used must coincide with the system of accounts…”
Winston v. Com., 604 S.E.2d 21 (Va. 2004). “In particular, the Commonwealth attempted to use the evidence of Rhonda's pregnancy to prove that Rorls received all of his information about the murder of Rhonda and Anthony from Winston, as opposed to Tywan Turner, investigators, or Commonwealth's Attorneys, among others.”
Stein v. Pulaski Furniture Corp., 217 F. Supp. 587 (W.D. Va. 1963). · cites it 8× “Counsel for the defendants have argued that the General Assembly of Virginia has seen fit to incorporate both § 4 and § 17 of the English statute into the present Virginia Code as § 11-2 (“No action shall be brought * * * ”) and § 11-1 1 (“Every contract * * * shall be void * *…”
Lubman v. Wells (In Re Wells), 296 B.R. 728 (Bankr. E.D. Va. 2003). · cites it 8× “See Va. Code Ann. §§ 11-1 & -2. Section 11-1 provides that “[e]very contract, not in writing, made in respect to real estate or goods and chattels .”
Graves Constr. Co. v. Rockingham Nat'l Bank, 263 S.E.2d 408 (Va. 1980). · cites it 6× “Code § 11-1 states that “except as otherwise provided in § 8.”
Prunty v. Terry (In Re Paschall), 408 B.R. 79 (E.D. Va. 2009). · cites it 2× “Va.Code Ann. § 11-1. Under Virginia law, contracts in writing and deeds are “void to all purchasers for valuable consideration without notice not parties thereto .”
Gary Linwood Bush v. Commonwealth of Virginia, 813 S.E.2d 582 (Va. Ct. App. 2018). “Friend, The Law of Evidence in Virginia § 11-1 at 431 (6th ed. 2003) ). Cases from our Supreme Court and this Court discussing materiality mainly involve recantation evidence, with our appellate courts often concluding that the petitioner cannot establish by clear and convincing…”
In Re Smith, 348 F. Supp. 1290 (E.D. Va. 1972). · cites it 5× “§ 55-95 , it is clear that the sort of contracts referred to in this provision are those mentioned in Va. Code Ann. § 11-1 (1964). Section 11-1 concerns contracts “made in respect to real estate” and provides that all such contracts that are not in writing shall be void as to…”
Rainey v. City of Norfolk, 421 S.E.2d 210 (Va. Ct. App. 1992). · cites it 2× “Rainey to bring his Norfolk residence into compliance with the Virginia Uniform Statewide Building Code and Norfolk City Code §§ 11-1 et seq. Rainey contends that the sanctions that the trial judge imposed were illegal and exceeded the permissible scope for civil sanctions,…”
Terry v. Paschall (In Re Paschall), 403 B.R. 366 (Bankr. E.D. Va. 2009). · cites it 2× “or made for the conveyance or sale of real estate” under Va.Code Ann. § 11-1. The 2005 Marital Agreement was never *375 recorded in the land records of either Fau-quier County or Chesterfield County.”
Turner v. Com., 717 S.E.2d 111 (Va. 2011). “Friend, The Law of Evidence in Virginia § 11-1 at 431 (6th ed.2003). The newly-discovered evidence in this case is not material.”
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Va. Code Ann. § 11-1(f): 1 case
Monument Assocs. v. Arlington Cnty. Bd., 408 S.E.2d 889 (Va. 1991). “The portion of the ordinance in issue, codified in § 11-1 (f) of the County code, provided: “The calculation of gross receipts for license tax purposes shall be on either a cash or actual basis, provided, however, that the basis used must coincide with the system of accounts…”
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