{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2103.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2103.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2103.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2103.html"}],"law_id":73865,"edition_id":1,"section_id":73865,"structure_id":12757,"section_number":"54.1-2103","catch_line":"Exemptions from chapter","history":"Code 1950, \u00a7 54-734; 1972, c. 324; 1973, cc. 487, 527; 1975, c. 238; 1980, c. 127; 1982, cc. 633, 682; 1988, c. 765; 1992, c. 84; 1993, cc. 816, 899; 1995, c. 227; 1998, cc. 261, 262; 2001, Sp. Sess. I, c. 9; 2009, cc. 88, 262; 2015, cc. 24, 272; 2024, cc. 459, 621; 2025, cc. 463, 466.","full_text":"A\n\nThe provisions of this chapter shall not apply to:1\n\nAny person, partnership, association, corporation, entity, or their regular employees, who as owner or lessor perform any of the acts enumerated in § 54.1-2100 with reference to property owned or leased by them, where the acts are performed in the regular course of or incident to the management of the property and the investment therein. For property governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), the term “owner” for purposes of this subdivision shall include affiliated entities, provided that (i) the owner has a controlling interest in the affiliated entity or (ii) the affiliated entity and the owner have a common parent company;2\n\nAny person acting without compensation as attorney-in-fact under a power of attorney issued by a property owner solely for the purpose of authorizing the final performance required of such owner under a contract for the sale, lease, purchase, or exchange of real estate;3\n\nService rendered by an attorney-at-law in the performance of his duties as such;4\n\nA person acting as a receiver, trustee in bankruptcy, administrator, or executor, or any person selling real estate under order of any court;5\n\nA trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof;6\n\nAny corporation managing rental housing when the officers, directors, and members in the ownership corporation and the management corporation are the same and the management corporation manages no other property for other persons, partnerships, associations, or corporations;7\n\nAny existing tenant of a residential dwelling unit who refers a prospective tenant to the owner of the unit or to the owner’s duly authorized agent or employee and for the referral receives, or is offered, a referral fee from the owner, agent, or employee;8\n\nAny auctioneer licensed in accordance with Chapter 6 (§ 54.1-600 et seq.) selling real estate at public auction when employed for such purpose by the owner of the real estate and provided the bidding at such auction is held open for no longer than 48 hours. An auctioneer shall not advertise that he is authorized to sell real estate. An auctioneer may advertise for sale at public auction any real estate when employed to do so as herein provided, and may advertise that he is authorized to auction real estate at public auction;9\n\n[Expired.]10\n\nAny person who is licensed and is in good standing as a real estate broker or salesperson in another state, and who assists a prospective purchaser, tenant, optionee, or licensee located in another state to purchase, lease, option, or license an interest in commercial real estate, as defined in § 55.1-1100, in the Commonwealth. Such real estate licensee from another state may be compensated by a real estate broker in the Commonwealth. Nothing in this subdivision shall be construed to permit any person not licensed and in good standing as a real estate broker or salesperson in the Commonwealth to otherwise act as a real estate broker or salesperson under this chapter.B\n\nThe provisions of this chapter shall not prohibit the selling of real estate (i) by an attorney-at-law in the performance of his duties as such, (ii) by a receiver, trustee in bankruptcy, administrator, executor, or special commissioner, or any person selling real estate under order of court, or (iii) by a trustee acting under the trust agreement, deed of trust, or will, or the regular salaried employees thereof.C\n\nThe provisions of this chapter shall not apply to any person employed by a licensed real estate broker for and on behalf of the owner of any real estate or the improvements thereon that the licensed broker has contracted to manage for the owner if the actions of such employee are limited to (i) exhibiting residential units on such real estate to prospective tenants, if the employee is employed on the premises of such real estate; (ii) providing prospective tenants with factual information about the rental of residential real estate; (iii) accepting applications for the rental of such real estate; (iv) accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 related to such rental transaction; and (v) accepting security deposits, periodic rent, and other payments as contracted for in the rental agreement for such real estate. Such deposits and rent shall be made payable to the owner or the broker employed by such owner. The employee shall not negotiate the amounts of such security deposits, periodic rent, or other payments contracted for in the rental agreement and shall not negotiate any rental agreements on behalf of such owner or broker.D\n\nA licensee of the Board shall comply with the Board’s regulations, notwithstanding the fact that the licensee would be otherwise exempt from licensure under subsection A. Nothing in this subsection shall be construed to require a person to be licensed in accordance with this chapter if he would be otherwise exempt from such licensure.E\n\nAn attorney-at-law referring a client to a licensee shall not be entitled to receive any compensation from a listing firm or offered by a common source information company to cooperating brokers, unless the attorney is also licensed under this chapter as a real estate broker or salesperson.","order_by":null,"text":{"0":{"id":265616,"text":"The provisions of this chapter shall not apply to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":265617,"text":"Any person, partnership, association, corporation, entity, or their regular employees, who as owner or lessor perform any of the acts enumerated in § 54.1-2100 with reference to property owned or leased by them, where the acts are performed in the regular course of or incident to the management of the property and the investment therein. For property governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), the term “owner” for purposes of this subdivision shall include affiliated entities, provided that (i) the owner has a controlling interest in the affiliated entity or (ii) the affiliated entity and the owner have a common parent company;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":265618,"text":"Any person acting without compensation as attorney-in-fact under a power of attorney issued by a property owner solely for the purpose of authorizing the final performance required of such owner under a contract for the sale, lease, purchase, or exchange of real estate;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":265619,"text":"Service rendered by an attorney-at-law in the performance of his duties as such;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":265620,"text":"A person acting as a receiver, trustee in bankruptcy, administrator, or executor, or any person selling real estate under order of any court;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":265621,"text":"A trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":265622,"text":"Any corporation managing rental housing when the officers, directors, and members in the ownership corporation and the management corporation are the same and the management corporation manages no other property for other persons, partnerships, associations, or corporations;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":265623,"text":"Any existing tenant of a residential dwelling unit who refers a prospective tenant to the owner of the unit or to the owner’s duly authorized agent or employee and for the referral receives, or is offered, a referral fee from the owner, agent, or employee;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":265624,"text":"Any auctioneer licensed in accordance with Chapter 6 (§ 54.1-600 et seq.) selling real estate at public auction when employed for such purpose by the owner of the real estate and provided the bidding at such auction is held open for no longer than 48 hours. An auctioneer shall not advertise that he is authorized to sell real estate. An auctioneer may advertise for sale at public auction any real estate when employed to do so as herein provided, and may advertise that he is authorized to auction real estate at public auction;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":265625,"text":"[Expired.]","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":265626,"text":"Any person who is licensed and is in good standing as a real estate broker or salesperson in another state, and who assists a prospective purchaser, tenant, optionee, or licensee located in another state to purchase, lease, option, or license an interest in commercial real estate, as defined in § 55.1-1100, in the Commonwealth. Such real estate licensee from another state may be compensated by a real estate broker in the Commonwealth. Nothing in this subdivision shall be construed to permit any person not licensed and in good standing as a real estate broker or salesperson in the Commonwealth to otherwise act as a real estate broker or salesperson under this chapter.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":265627,"text":"The provisions of this chapter shall not prohibit the selling of real estate (i) by an attorney-at-law in the performance of his duties as such, (ii) by a receiver, trustee in bankruptcy, administrator, executor, or special commissioner, or any person selling real estate under order of court, or (iii) by a trustee acting under the trust agreement, deed of trust, or will, or the regular salaried employees thereof.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"C"},"12":{"id":265628,"text":"The provisions of this chapter shall not apply to any person employed by a licensed real estate broker for and on behalf of the owner of any real estate or the improvements thereon that the licensed broker has contracted to manage for the owner if the actions of such employee are limited to (i) exhibiting residential units on such real estate to prospective tenants, if the employee is employed on the premises of such real estate; (ii) providing prospective tenants with factual information about the rental of residential real estate; (iii) accepting applications for the rental of such real estate; (iv) accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 related to such rental transaction; and (v) accepting security deposits, periodic rent, and other payments as contracted for in the rental agreement for such real estate. Such deposits and rent shall be made payable to the owner or the broker employed by such owner. The employee shall not negotiate the amounts of such security deposits, periodic rent, or other payments contracted for in the rental agreement and shall not negotiate any rental agreements on behalf of such owner or broker.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"13":{"id":265629,"text":"A licensee of the Board shall comply with the Board’s regulations, notwithstanding the fact that the licensee would be otherwise exempt from licensure under subsection A. Nothing in this subsection shall be construed to require a person to be licensed in accordance with this chapter if he would be otherwise exempt from such licensure.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"14":{"id":265630,"text":"An attorney-at-law referring a client to a licensee shall not be entitled to receive any compensation from a listing firm or offered by a common source information company to cooperating brokers, unless the attorney is also licensed under this chapter as a real estate broker or salesperson.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12757,"edition_id":1,"name":"Regulation of Real Estate Brokers, Salespersons and Rental Location Agents","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12756,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239913,"object_type":"structure","relational_id":12757,"identifier":"1","token":"54.1\/II\/21\/1","url":"\/54.1\/II\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12756,"edition_id":1,"name":"Real Estate Brokers, Sales Persons and Rental Location Agents","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239911,"object_type":"structure","relational_id":12756,"identifier":"21","token":"54.1\/II\/21","url":"\/54.1\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74059,"structure_id":12757,"section_number":"54.1-2100","catch_line":"Definitions","url":"\/54.1-2100\/","token":"54.1\/II\/21\/1\/54.1-2100","metadata":false},{"id":62721,"structure_id":12757,"section_number":"54.1-2101","catch_line":"Repealed","url":"\/54.1-2101\/","token":"54.1\/II\/21\/1\/54.1-2101","metadata":false},{"id":84706,"structure_id":12757,"section_number":"54.1-2101.1","catch_line":"Preparation of real estate contracts by real estate licensees; translation","url":"\/54.1-2101.1\/","token":"54.1\/II\/21\/1\/54.1-2101.1","metadata":false},{"id":64271,"structure_id":12757,"section_number":"54.1-2102","catch_line":"Repealed","url":"\/54.1-2102\/","token":"54.1\/II\/21\/1\/54.1-2102","metadata":false},{"id":73865,"structure_id":12757,"section_number":"54.1-2103","catch_line":"Exemptions from chapter","url":"\/54.1-2103\/","token":"54.1\/II\/21\/1\/54.1-2103","metadata":false},{"id":75416,"structure_id":12757,"section_number":"54.1-2104","catch_line":"Real Estate Board; membership; chairman; seal","url":"\/54.1-2104\/","token":"54.1\/II\/21\/1\/54.1-2104","metadata":false},{"id":57299,"structure_id":12757,"section_number":"54.1-2105","catch_line":"General powers of Real Estate Board; regulations; educational and experience requirements for licensure","url":"\/54.1-2105\/","token":"54.1\/II\/21\/1\/54.1-2105","metadata":false},{"id":54159,"structure_id":12757,"section_number":"54.1-2105.01","catch_line":"Educational requirements for all salespersons within one year of licensure","url":"\/54.1-2105.01\/","token":"54.1\/II\/21\/1\/54.1-2105.01","metadata":false},{"id":74762,"structure_id":12757,"section_number":"54.1-2105.02","catch_line":"Regulation of real estate education providers and courses","url":"\/54.1-2105.02\/","token":"54.1\/II\/21\/1\/54.1-2105.02","metadata":false},{"id":84187,"structure_id":12757,"section_number":"54.1-2105.03","catch_line":"Continuing education; 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manner of service","url":"\/54.1-2111\/","token":"54.1\/II\/21\/1\/54.1-2111","metadata":false},{"id":55700,"structure_id":12757,"section_number":"54.1-2111.1","catch_line":"Voluntary compliance program; real estate brokers","url":"\/54.1-2111.1\/","token":"54.1\/II\/21\/1\/54.1-2111.1","metadata":false}],"previous_section":{"id":64271,"structure_id":12757,"section_number":"54.1-2102","catch_line":"Repealed","url":"\/54.1-2102\/","token":"54.1\/II\/21\/1\/54.1-2102","metadata":false},"next_section":{"id":75416,"structure_id":12757,"section_number":"54.1-2104","catch_line":"Real Estate Board; membership; chairman; seal","url":"\/54.1-2104\/","token":"54.1\/II\/21\/1\/54.1-2104","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2103\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1972, chapter 324; in 1973, chapters 487 and 527; in 1975, chapter 238; in 1980, chapter 127; in 1982, chapters 633 and 682; in 1988, chapter 765; in 1992, chapter 84; in 1993, chapters 816 and 899; in 1995, chapter 227<\/a>; in 1998, chapters 261<\/a> and 262<\/a>; in 2009, chapters 88<\/a> and 262<\/a>; in 2015, chapters 24<\/a> and 272<\/a>; in 2024, chapters 459<\/a> and 621<\/a>; in 2025, chapters 463<\/a> and 466<\/a>.<\/p>","references":[{"id":55700,"section_number":"54.1-2111.1","catch_line":"Voluntary compliance program; real estate brokers","order_by":null,"url":"\/54.1-2111.1\/"}],"refers_to":[{"id":65553,"section_number":"36-96.1","catch_line":"Declaration of policy","order_by":null,"url":"\/36-96.1\/"},{"id":74059,"section_number":"54.1-2100","catch_line":"Definitions","order_by":null,"url":"\/54.1-2100\/"},{"id":55050,"section_number":"54.1-600","catch_line":"Definitions","order_by":null,"url":"\/54.1-600\/"},{"id":70575,"section_number":"55.1-1100","catch_line":"Definitions","order_by":null,"url":"\/55.1-1100\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"}],"permalink":{"id":239931,"object_type":"law","relational_id":73865,"identifier":"54.1-2103","token":"54.1\/II\/21\/1\/54.1-2103","url":"\/54.1-2103\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2103\/","token":"54.1\/II\/21\/1\/54.1-2103","dublin_core":{"Title":"Exemptions from chapter","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2103","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this chapter shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person, partnership, association, corporation, entity, or their regular employees, who as owner<\/span> or lessor perform any of the acts enumerated in § 54.1-2100<\/a> with reference to property owned or leased by them, where the acts are performed in the regular course of or incident to the management of the property and the investment therein. For property governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), the term “owner<\/span>” for purposes of this subdivision shall include affiliated entities, provided that (i) the owner<\/span> has a controlling interest in the affiliated entity or (ii) the affiliated entity and the owner<\/span> have a common parent company; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person acting without compensation as attorney-in-fact<\/span><\/span> under a power of attorney<\/span> issued by a property owner<\/span> solely for the purpose of authorizing the final performance required of such owner<\/span> under a contract<\/span> for the sale, lease, purchase, or exchange of real estate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Service rendered by an attorney-at-law<\/span> in the performance of his duties as such; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A person acting as a receiver, trustee in bankruptcy<\/span>, administrator, or executor, or any person selling real estate under order<\/span> of any court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any corporation managing rental housing when the officers, directors, and members in the ownership corporation and the management corporation are the same and the management corporation manages no other property for other persons, partnerships, associations, or corporations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any existing tenant of a residential dwelling unit who refers a prospective tenant to the owner<\/span> of the unit or to the owner<\/span>’s duly authorized agent or employee and for the referral receives, or is offered, a referral fee from the owner<\/span>, agent, or employee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any auctioneer licensed in accordance with Chapter 6 (§ 54.1-600<\/a> et seq.) selling real estate at public auction when employed for such purpose by the owner<\/span> of the real estate and provided the bidding at such auction is held open for no longer than 48 hours. An auctioneer shall not advertise that he is authorized to sell real estate. An auctioneer may advertise for sale at public auction any real estate when employed to do so as herein provided, and may advertise that he is authorized to auction real estate at public auction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> [Expired.] <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any person who is licensed and is in good standing as a real estate broker<\/span> or salesperson in another state, and who assists a prospective purchaser, tenant, optionee, or licensee located in another state to purchase, lease, option, or license an interest in commercial real estate, as defined in § 55.1-1100<\/a>, in the Commonwealth. Such real estate licensee from another state may be compensated by a real estate broker<\/span> in the Commonwealth. Nothing in this subdivision shall be construed to permit any person not licensed and in good standing as a real estate broker<\/span> or salesperson in the Commonwealth to otherwise act as a real estate broker<\/span> or salesperson under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this chapter shall not prohibit the selling of real estate (i) by an attorney-at-law<\/span> in the performance of his duties as such, (ii) by a receiver, trustee in bankruptcy<\/span>, administrator, executor, or special commissioner, or any person selling real estate under order<\/span> of court<\/span>, or (iii) by a trustee acting under the trust agreement, deed of trust, or will, or the regular salaried employees thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this chapter shall not apply to any person employed by a licensed real estate broker<\/span> for and on behalf of the owner<\/span> of any real estate or the improvements thereon that the licensed broker has contracted to manage for the owner<\/span> if the actions of such employee are limited to (i) exhibiting residential units on such real estate to prospective tenants, if the employee is employed on the premises of such real estate; (ii) providing prospective tenants with factual information about the rental of residential real estate; (iii) accepting applications for the rental of such real estate; (iv) accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1<\/a> et seq.) of Title 36 related to such rental transaction; and (v) accepting security deposits, periodic rent, and other payments as contracted for in the rental agreement for such real estate. Such deposits and rent shall be made payable to the owner<\/span> or the broker employed by such owner<\/span>. The employee shall not negotiate the amounts of such security deposits, periodic rent, or other payments contracted for in the rental agreement and shall not negotiate any rental agreements on behalf of such owner<\/span> or broker. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A licensee of the Board shall comply with the Board’s regulations, notwithstanding the fact<\/span> that the licensee would be otherwise exempt from licensure under subsection A. Nothing in this subsection shall be construed to require a person to be licensed in accordance with this chapter if he would be otherwise exempt from such licensure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An attorney-at-law<\/span> referring a client to a licensee shall not be entitled to receive any compensation from a listing firm or offered by a common source information company to cooperating brokers, unless the attorney is also licensed under this chapter as a real estate broker<\/span> or salesperson. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS FROM CHAPTER (\u00a7 54.1-2103)\n\nA. The provisions of this chapter shall not apply to:\n\n 1. Any person, partnership, association, corporation, entity, or their regular\n employees, who as owner or lessor perform any of the acts enumerated in §\n 54.1-2100 with reference to property owned or leased by them, where the acts\n are performed in the regular course of or incident to the management of the\n property and the investment therein. For property governed by the Virginia\n Real Estate Time-Share Act (§ 55.1-2200 et seq.), the term\n “owner” for purposes of this subdivision shall include affiliated\n entities, provided that (i) the owner has a controlling interest in the\n affiliated entity or (ii) the affiliated entity and the owner have a common\n parent company;\n\n 2. Any person acting without compensation as attorney-in-fact under a power of\n attorney issued by a property owner solely for the purpose of authorizing the\n final performance required of such owner under a contract for the sale, lease,\n purchase, or exchange of real estate;\n\n 3. Service rendered by an attorney-at-law in the performance of his duties as\n such;\n\n 4. A person acting as a receiver, trustee in bankruptcy, administrator, or\n executor, or any person selling real estate under order of any court;\n\n 5. A trustee acting under a trust agreement, deed of trust, or will, or the\n regular salaried employees thereof;\n\n 6. Any corporation managing rental housing when the officers, directors, and\n members in the ownership corporation and the management corporation are the\n same and the management corporation manages no other property for other\n persons, partnerships, associations, or corporations;\n\n 7. Any existing tenant of a residential dwelling unit who refers a prospective\n tenant to the owner of the unit or to the owner’s duly authorized agent\n or employee and for the referral receives, or is offered, a referral fee from\n the owner, agent, or employee;\n\n 8. Any auctioneer licensed in accordance with Chapter 6 (§ 54.1-600 et\n seq.) selling real estate at public auction when employed for such purpose by\n the owner of the real estate and provided the bidding at such auction is held\n open for no longer than 48 hours. An auctioneer shall not advertise that he is\n authorized to sell real estate. An auctioneer may advertise for sale at public\n auction any real estate when employed to do so as herein provided, and may\n advertise that he is authorized to auction real estate at public auction;\n\n 9. [Expired.]\n\n 10. Any person who is licensed and is in good standing as a real estate broker\n or salesperson in another state, and who assists a prospective purchaser,\n tenant, optionee, or licensee located in another state to purchase, lease,\n option, or license an interest in commercial real estate, as defined in §\n 55.1-1100, in the Commonwealth. Such real estate licensee from another state\n may be compensated by a real estate broker in the Commonwealth. Nothing in\n this subdivision shall be construed to permit any person not licensed and in\n good standing as a real estate broker or salesperson in the Commonwealth to\n otherwise act as a real estate broker or salesperson under this chapter.\n\nB. The provisions of this chapter shall not prohibit the selling of real estate\n(i) by an attorney-at-law in the performance of his duties as such, (ii) by a\nreceiver, trustee in bankruptcy, administrator, executor, or special\ncommissioner, or any person selling real estate under order of court, or (iii)\nby a trustee acting under the trust agreement, deed of trust, or will, or the\nregular salaried employees thereof.\n\nC. The provisions of this chapter shall not apply to any person employed by a\nlicensed real estate broker for and on behalf of the owner of any real estate or\nthe improvements thereon that the licensed broker has contracted to manage for\nthe owner if the actions of such employee are limited to (i) exhibiting\nresidential units on such real estate to prospective tenants, if the employee is\nemployed on the premises of such real estate; (ii) providing prospective tenants\nwith factual information about the rental of residential real estate; (iii)\naccepting applications for the rental of such real estate; (iv) accepting and\nsigning broker-approved rental agreements, state or federal required\ndisclosures, and any documents required for compliance with Chapter 5.1 (§\n36-96.1 et seq.) of Title 36 related to such rental transaction; and (v)\naccepting security deposits, periodic rent, and other payments as contracted for\nin the rental agreement for such real estate. Such deposits and rent shall be\nmade payable to the owner or the broker employed by such owner. The employee\nshall not negotiate the amounts of such security deposits, periodic rent, or\nother payments contracted for in the rental agreement and shall not negotiate\nany rental agreements on behalf of such owner or broker.\n\nD. A licensee of the Board shall comply with the Board’s regulations,\nnotwithstanding the fact that the licensee would be otherwise exempt from\nlicensure under subsection A. Nothing in this subsection shall be construed to\nrequire a person to be licensed in accordance with this chapter if he would be\notherwise exempt from such licensure.\n\nE. An attorney-at-law referring a client to a licensee shall not be entitled to\nreceive any compensation from a listing firm or offered by a common source\ninformation company to cooperating brokers, unless the attorney is also licensed\nunder this chapter as a real estate broker or salesperson.\n\nHISTORY: Code 1950, \u00a7 54-734; 1972, c. 324; 1973, cc. 487, 527; 1975, c. 238;\n1980, c. 127; 1982, cc. 633, 682; 1988, c. 765; 1992, c. 84; 1993, cc. 816, 899;\n1995, c. 227; 1998, cc. 261, 262; 2001, Sp. Sess. I, c. 9; 2009, cc. 88, 262;\n2015, cc. 24, 272; 2024, cc. 459, 621; 2025, cc. 463, 466.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}