{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2109.html"}],"law_id":81601,"edition_id":1,"section_id":81601,"structure_id":12757,"section_number":"54.1-2109","catch_line":"Death or disability of a real estate broker","history":"1984, c. 283, \u00a7 54-731.3; 1988, c. 765; 2014, cc. 24, 705; 2019, cc. 179, 395; 2020, c. 383; 2022, c. 725.","full_text":"A\n\nAny licensed broker who is engaged in a sole proprietorship or who is the only licensed broker in a business entity listed in clause (i) of subsection A of § 54.1-2106.1 shall designate another licensed broker to carry on the business for up to 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker’s death or disability. Such designation shall be made at the time of application for broker licensure.B\n\nOnly in the event that the designated broker named pursuant to subsection A is unable or unwilling to perform the act of concluding the business, the Real Estate Board shall, within 30 days of receiving written notification of a broker’s death or disability, grant approval to one of the following individuals to carry on the business of the deceased or disabled broker for up to 180 days for the sole purpose of concluding the business:1\n\nA personal representative qualified by the court to administer the deceased broker’s estate;2\n\nAn agent designated under a power of attorney of the deceased or disabled broker, which designation expressly references this section;3\n\nThe executor nominated in the deceased broker’s will;4\n\nAn adult family member of the deceased or disabled broker; or5\n\nAn employee of, or an independent contractor affiliated with, the deceased or disabled broker.C\n\nIn the event that none of the individuals in subdivisions B 1 through 5 is available or suitable, the Board may appoint any other licensed broker, with the written consent of such broker, within 30 days of receiving written notification of a broker’s death or disability, to allow such appointed broker to carry on the business of the deceased or disabled broker for the sole purpose of concluding the business within 180 days.","order_by":null,"text":{"0":{"id":292238,"text":"Any licensed broker who is engaged in a sole proprietorship or who is the only licensed broker in a business entity listed in clause (i) of subsection A of § 54.1-2106.1 shall designate another licensed broker to carry on the business for up to 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker’s death or disability. Such designation shall be made at the time of application for broker licensure.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292239,"text":"Only in the event that the designated broker named pursuant to subsection A is unable or unwilling to perform the act of concluding the business, the Real Estate Board shall, within 30 days of receiving written notification of a broker’s death or disability, grant approval to one of the following individuals to carry on the business of the deceased or disabled broker for up to 180 days for the sole purpose of concluding the business:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":292240,"text":"A personal representative qualified by the court to administer the deceased broker’s estate;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":292241,"text":"An agent designated under a power of attorney of the deceased or disabled broker, which designation expressly references this section;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":292242,"text":"The executor nominated in the deceased broker’s will;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":292243,"text":"An adult family member of the deceased or disabled broker; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":292244,"text":"An employee of, or an independent contractor affiliated with, the deceased or disabled broker.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":292245,"text":"In the event that none of the individuals in subdivisions B 1 through 5 is available or suitable, the Board may appoint any other licensed broker, with the written consent of such broker, within 30 days of receiving written notification of a broker’s death or disability, to allow such appointed broker to carry on the business of the deceased or disabled broker for the sole purpose of concluding the business within 180 days.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2109\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 283 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. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1988, chapter 765; in 2014, chapters 24<\/a> and 705<\/a>; in 2019, chapters 179<\/a> and 395<\/a>; in 2020, chapter 383<\/a>; in 2022, chapter 725<\/a>.<\/p>","references":[{"id":72851,"section_number":"54.1-2105.1","catch_line":"Other powers and duties of the Real Estate Board","order_by":null,"url":"\/54.1-2105.1\/"}],"refers_to":[{"id":65670,"section_number":"54.1-2106.1","catch_line":"Licenses required","order_by":null,"url":"\/54.1-2106.1\/"}],"permalink":{"id":239995,"object_type":"law","relational_id":81601,"identifier":"54.1-2109","token":"54.1\/II\/21\/1\/54.1-2109","url":"\/54.1-2109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2109\/","token":"54.1\/II\/21\/1\/54.1-2109","dublin_core":{"Title":"Death or disability of a real estate broker","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any licensed broker who is engaged in a sole proprietorship or who is the only licensed broker in a business entity listed in clause (i) of subsection A of § 54.1-2106.1<\/a> shall designate another licensed broker to carry on the business for up to 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker’s death or disability. Such designation shall be made at the time of application for broker licensure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Only in the event that the designated broker named pursuant to subsection A is unable or unwilling to perform the act of concluding the business, the Real Estate Board shall, within 30 days of receiving written notification of a broker’s death or disability, grant approval to one of the following individuals to carry on the business of the deceased or disabled broker for up to 180 days for the sole purpose of concluding the business: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A personal representative qualified by the court<\/span> to administer the deceased broker’s estate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An agent designated under a power of attorney<\/span> of the deceased or disabled broker, which designation expressly references this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The executor nominated in the deceased broker’s will; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An adult family member of the deceased or disabled broker; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An employee of, or an independent contractor affiliated with, the deceased or disabled broker. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the event that none of the individuals in subdivisions B 1 through 5 is available or suitable, the Board may appoint any other licensed broker, with the written consent of such broker, within 30 days of receiving written notification of a broker’s death or disability, to allow such appointed broker to carry on the business of the deceased or disabled broker for the sole purpose of concluding the business within 180 days. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEATH OR DISABILITY OF A REAL ESTATE BROKER (\u00a7 54.1-2109)\n\nA. Any licensed broker who is engaged in a sole proprietorship or who is the\nonly licensed broker in a business entity listed in clause (i) of subsection A\nof § 54.1-2106.1 shall designate another licensed broker to carry on the\nbusiness for up to 180 days for the sole purpose of concluding the business of\nsuch designating broker in the event of the designating broker’s death or\ndisability. Such designation shall be made at the time of application for broker\nlicensure.\n\nB. Only in the event that the designated broker named pursuant to subsection A\nis unable or unwilling to perform the act of concluding the business, the Real\nEstate Board shall, within 30 days of receiving written notification of a\nbroker’s death or disability, grant approval to one of the following\nindividuals to carry on the business of the deceased or disabled broker for up\nto 180 days for the sole purpose of concluding the business:\n\n 1. A personal representative qualified by the court to administer the deceased\n broker’s estate;\n\n 2. An agent designated under a power of attorney of the deceased or disabled\n broker, which designation expressly references this section;\n\n 3. The executor nominated in the deceased broker’s will;\n\n 4. An adult family member of the deceased or disabled broker; or\n\n 5. An employee of, or an independent contractor affiliated with, the deceased\n or disabled broker.\n\nC. In the event that none of the individuals in subdivisions B 1 through 5 is\navailable or suitable, the Board may appoint any other licensed broker, with the\nwritten consent of such broker, within 30 days of receiving written notification\nof a broker’s death or disability, to allow such appointed broker to carry\non the business of the deceased or disabled broker for the sole purpose of\nconcluding the business within 180 days.\n\nHISTORY: 1984, c. 283, \u00a7 54-731.3; 1988, c. 765; 2014, cc. 24, 705; 2019, cc.\n179, 395; 2020, c. 383; 2022, c. 725.","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}}