{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2105.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2105.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2105.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2105.2.html"}],"law_id":60480,"edition_id":1,"section_id":60480,"structure_id":12757,"section_number":"54.1-2105.2","catch_line":"Cease and desist orders for unlicensed activity; civil penalty","history":"2005, c. 437.","full_text":"A\n\nNotwithstanding any other provision of law, the Board may issue an order requiring any person to cease and desist from acting as a real estate broker or salesperson when such person is not licensed by the Board in accordance with this chapter. The order shall be effective upon its entry and shall become final unless such person files an appeal with the Board in accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.) within 21 days of the date of entry of the order.B\n\nIf the person fails to cease and desist the unlicensed activity after entry of an order in accordance with subsection A, the Board may refer the matter for enforcement pursuant to &#xA7; 54.1-306.C\n\nAny person engaging in unlicensed activity shall be subject to further proceedings before the Board and the Board may impose a civil penalty not to exceed $1,000 for any real estate transaction or the compensation received from any such real estate transaction, whichever is greater. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section.","order_by":null,"text":{"0":{"id":221125,"text":"Notwithstanding any other provision of law, the Board may issue an order requiring any person to cease and desist from acting as a real estate broker or salesperson when such person is not licensed by the Board in accordance with this chapter. The order shall be effective upon its entry and shall become final unless such person files an appeal with the Board in accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.) within 21 days of the date of entry of the order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221126,"text":"If the person fails to cease and desist the unlicensed activity after entry of an order in accordance with subsection A, the Board may refer the matter for enforcement pursuant to &#xA7; 54.1-306.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221127,"text":"Any person engaging in unlicensed activity shall be subject to further proceedings before the Board and the Board may impose a civil penalty not to exceed $1,000 for any real estate transaction or the compensation received from any such real estate transaction, whichever is greater. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; relicensure of brokers and salespersons","url":"\/54.1-2105.03\/","token":"54.1\/II\/21\/1\/54.1-2105.03","metadata":false},{"id":72873,"structure_id":12757,"section_number":"54.1-2105.04","catch_line":"Education requirements; reactivation of licenses; waiver","url":"\/54.1-2105.04\/","token":"54.1\/II\/21\/1\/54.1-2105.04","metadata":false},{"id":72851,"structure_id":12757,"section_number":"54.1-2105.1","catch_line":"Other powers and duties of the Real Estate Board","url":"\/54.1-2105.1\/","token":"54.1\/II\/21\/1\/54.1-2105.1","metadata":false},{"id":60480,"structure_id":12757,"section_number":"54.1-2105.2","catch_line":"Cease and desist orders for unlicensed activity; civil penalty","url":"\/54.1-2105.2\/","token":"54.1\/II\/21\/1\/54.1-2105.2","metadata":false},{"id":57996,"structure_id":12757,"section_number":"54.1-2106","catch_line":"Repealed","url":"\/54.1-2106\/","token":"54.1\/II\/21\/1\/54.1-2106","metadata":false},{"id":65670,"structure_id":12757,"section_number":"54.1-2106.1","catch_line":"Licenses required","url":"\/54.1-2106.1\/","token":"54.1\/II\/21\/1\/54.1-2106.1","metadata":false},{"id":53952,"structure_id":12757,"section_number":"54.1-2106.2","catch_line":"Certification of audit on renewal of firm or sole proprietorship license","url":"\/54.1-2106.2\/","token":"54.1\/II\/21\/1\/54.1-2106.2","metadata":false},{"id":79185,"structure_id":12757,"section_number":"54.1-2107","catch_line":"Repealed","url":"\/54.1-2107\/","token":"54.1\/II\/21\/1\/54.1-2107","metadata":false},{"id":86701,"structure_id":12757,"section_number":"54.1-2108","catch_line":"Protection of escrow funds, etc., held by broker","url":"\/54.1-2108\/","token":"54.1\/II\/21\/1\/54.1-2108","metadata":false},{"id":65659,"structure_id":12757,"section_number":"54.1-2108.1","catch_line":"Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits","url":"\/54.1-2108.1\/","token":"54.1\/II\/21\/1\/54.1-2108.1","metadata":false},{"id":57978,"structure_id":12757,"section_number":"54.1-2108.2","catch_line":"Protection of escrow funds, etc., held by a real estate broker in the event of termination of a real estate purchase contract","url":"\/54.1-2108.2\/","token":"54.1\/II\/21\/1\/54.1-2108.2","metadata":false},{"id":81601,"structure_id":12757,"section_number":"54.1-2109","catch_line":"Death or disability of a real estate broker","url":"\/54.1-2109\/","token":"54.1\/II\/21\/1\/54.1-2109","metadata":false},{"id":54153,"structure_id":12757,"section_number":"54.1-2110","catch_line":"Resident broker to maintain place of business in Virginia","url":"\/54.1-2110\/","token":"54.1\/II\/21\/1\/54.1-2110","metadata":false},{"id":67502,"structure_id":12757,"section_number":"54.1-2110.1","catch_line":"Duties of supervising broker","url":"\/54.1-2110.1\/","token":"54.1\/II\/21\/1\/54.1-2110.1","metadata":false},{"id":61962,"structure_id":12757,"section_number":"54.1-2111","catch_line":"Consent to suits and service of process by nonresidents; 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":72851,"structure_id":12757,"section_number":"54.1-2105.1","catch_line":"Other powers and duties of the Real Estate Board","url":"\/54.1-2105.1\/","token":"54.1\/II\/21\/1\/54.1-2105.1","metadata":false},"next_section":{"id":57996,"structure_id":12757,"section_number":"54.1-2106","catch_line":"Repealed","url":"\/54.1-2106\/","token":"54.1\/II\/21\/1\/54.1-2106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2105.2\/","history_text":"<p>This law was first created in 2005. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0437\">437<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":239963,"object_type":"law","relational_id":60480,"identifier":"54.1-2105.2","token":"54.1\/II\/21\/1\/54.1-2105.2","url":"\/54.1-2105.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2105.2\/","token":"54.1\/II\/21\/1\/54.1-2105.2","dublin_core":{"Title":"Cease and desist orders for unlicensed activity; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2105.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, the Board may <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> requiring any person to cease and desist from acting as a <span class=\"dictionary\">real estate broker<\/span> or salesperson when such person is not licensed by the Board in accordance with this chapter. The <span class=\"dictionary\">order<\/span> shall be effective upon its entry and shall become final unless such person files an <span class=\"dictionary\">appeal<\/span> with the Board in accordance with the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.) within 21 days of the date of entry of the <span class=\"dictionary\">order<\/span>. <a id=\"paragraph-221125\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2105.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the person fails to cease and desist the unlicensed activity after entry of an <span class=\"dictionary\">order<\/span> in accordance with subsection A, the Board may refer the matter for enforcement pursuant to &#xA7; <a class=\"law\" title=\"Enforcement of laws by Director or investigators; authority of investigators appointed by Director\" href=\"\/54.1-306\/\">54.1-306<\/a>. <a id=\"paragraph-221126\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2105.2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any person engaging in unlicensed activity shall be subject to further proceedings before the Board and the Board may impose a civil <span class=\"dictionary\">penalty<\/span> not to exceed $1,000 for any real estate transaction or the compensation received from any such real estate transaction, whichever is greater. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section. <a id=\"paragraph-221127\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2105.2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCEASE AND DESIST ORDERS FOR UNLICENSED ACTIVITY; CIVIL PENALTY (\u00a7 54.1-2105.2)\n\nA. Notwithstanding any other provision of law, the Board may issue an order\nrequiring any person to cease and desist from acting as a real estate broker or\nsalesperson when such person is not licensed by the Board in accordance with\nthis chapter. The order shall be effective upon its entry and shall become final\nunless such person files an appeal with the Board in accordance with the\nAdministrative Process Act (&#xA7; 2.2-4000 et seq.) within 21 days of the date\nof entry of the order.\n\nB. If the person fails to cease and desist the unlicensed activity after entry\nof an order in accordance with subsection A, the Board may refer the matter for\nenforcement pursuant to &#xA7; 54.1-306.\n\nC. Any person engaging in unlicensed activity shall be subject to further\nproceedings before the Board and the Board may impose a civil penalty not to\nexceed $1,000 for any real estate transaction or the compensation received from\nany such real estate transaction, whichever is greater. Any penalties collected\nunder this section shall be paid to the Literary Fund after deduction of the\nadministrative costs of the Board in furtherance of this section.\n\nHISTORY: 2005, c. 437.","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}}