{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2130.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2130.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2130.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2130.html"}],"law_id":55353,"edition_id":1,"section_id":55353,"structure_id":14179,"section_number":"54.1-2130","catch_line":"Definitions","history":"1995, cc. 741, 813; 2006, c. 627; 2008, cc. 851, 871; 2011, c. 461; 2012, c. 750; 2016, c. 334; 2023, cc. 387, 388; 2025, cc. 479, 495.","full_text":"As used in this article:\n\t\t“Agency” means every relationship in which a real estate licensee acts for or represents a person as an agent by such person’s express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. Nothing in this article shall prohibit a licensee and a client from agreeing in writing to a brokerage relationship under which the licensee acts as an independent contractor or which imposes on a licensee obligations in addition to those provided in this article. If a licensee agrees to additional obligations, however, the licensee shall be responsible for the additional obligations agreed to with the client in the brokerage agreement. A real estate licensee who enters into a brokerage relationship based upon a written brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent shall have the obligations agreed to by the parties in the brokerage agreement, and such real estate licensee and its employees shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131 through 54.1-2135. Any real estate licensee who acts for or represents a client in an agency relationship in a residential real estate transaction shall either represent such client as a standard agent or a limited service agent.\n\t\t“Agent” means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction.\n\t\t“Brokerage agreement” means the written agreement creating a brokerage relationship between a client and a licensee. The brokerage agreement shall state whether the real estate licensee will represent the client as an agent or an independent contractor.\n\t\t“Brokerage relationship” means the contractual relationship between a client and a real estate licensee who has been engaged by such client to provide brokerage services.\n\t\t“Brokerage services” means (i) those activities described in subsection A of \u00a7 54.1-2131, subsection A of \u00a7 54.1-2132, subsection A of \u00a7 54.1-2133, and subsection A of \u00a7 54.1-2134; (ii) activities requiring the exercise of a licensee’s professional judgment, discretion, advice, or counsel; or (iii) activities otherwise performed in connection with procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange, or rent real estate on behalf of the client with whom the licensee has an executed brokerage agreement.\n\t\t“Client” means a person who has entered into a brokerage relationship with a licensee.\n\t\t“Commercial real estate” means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under \u00a7 58.1-3230. Commercial real estate shall not include single family residential units, including condominiums, townhouses, apartments, or homes in a subdivision when leased on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.\n\t\t“Common source information company” means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services.\n\t\t“Customer” means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. Unless a licensee enters into a brokerage relationship with such person, it shall be presumed that such person is a customer of the licensee rather than a client.\n\t\t“Designated agent” or “designated representative” means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction. A designated representative shall only act as an independent contractor.\n\t\t“Dual agent” or “dual representative” means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. A dual agent has an agency relationship under brokerage agreements with the clients. A dual representative has an independent contractor relationship under brokerage agreements with the clients. A dual representative shall only act as an independent contractor.\n\t\t“Independent contractor” means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131 through 54.1-2135.\n\t\t“Licensee” means real estate brokers and salespersons as defined in Article 1 (\u00a7 54.1-2100 et seq.).\n\t\t“Limited service agent” means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the duties set forth in subdivision A 2 of \u00a7 54.1-2131, subdivision A 3 of \u00a7 54.1-2132, subdivision A 2 of \u00a7 54.1-2133, and subdivision A 3 of \u00a7 54.1-2134. A limited service agent shall have the obligations set out in the brokerage agreement, except that a limited service agent shall provide the client, at the time of entering the brokerage agreement, copies of any and all disclosures required by federal or state law, or local disclosures expressly authorized by state law, and shall disclose to the client the following in writing: (i) the rights and obligations of the client under the Virginia Residential Property Disclosure Act (\u00a7 55.1-700 et seq.); (ii) if the client is selling a condominium, the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309; and (iii) if the client is selling a property subject to the Property Owners’ Association Act (\u00a7 55.1-1800 et seq.), the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309.\n\t\t“Ministerial acts” means those routine acts that a licensee can perform for a person that do not involve discretion or the exercise of the licensee’s own judgment.\n\t\t“Property management agreement” means the written agreement between a property manager and the owner of real estate for the management of the real estate.\n\t\t“Residential real estate” means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units.\n\t\t“Showing property” means (i) taking a prospective buyer or tenant to a property, obtaining access to such property, and taking the individual through the property, including entering a property to provide a live, virtual tour to a prospective buyer or tenant who is not physically present; (ii) responding to questions or providing information about such property that is not of public record while at the property; or (iii) otherwise providing brokerage services while at the property.\n\t\t“Standard agent” means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. A standard agent shall have the obligations as provided in this article and any additional obligations agreed to by the parties in the brokerage agreement.","order_by":null,"text":{"0":{"id":202968,"text":"As used in this article:\n\t\t“Agency” means every relationship in which a real estate licensee acts for or represents a person as an agent by such person’s express authority in a commercial or residential real estate transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement. Nothing in this article shall prohibit a licensee and a client from agreeing in writing to a brokerage relationship under which the licensee acts as an independent contractor or which imposes on a licensee obligations in addition to those provided in this article. If a licensee agrees to additional obligations, however, the licensee shall be responsible for the additional obligations agreed to with the client in the brokerage agreement. A real estate licensee who enters into a brokerage relationship based upon a written brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent shall have the obligations agreed to by the parties in the brokerage agreement, and such real estate licensee and its employees shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131 through 54.1-2135. Any real estate licensee who acts for or represents a client in an agency relationship in a residential real estate transaction shall either represent such client as a standard agent or a limited service agent.\n\t\t“Agent” means a real estate licensee who is acting as (i) a standard agent in a residential real estate transaction, (ii) a limited service agent in a residential real estate transaction, or (iii) an agent in a commercial real estate transaction.\n\t\t“Brokerage agreement” means the written agreement creating a brokerage relationship between a client and a licensee. The brokerage agreement shall state whether the real estate licensee will represent the client as an agent or an independent contractor.\n\t\t“Brokerage relationship” means the contractual relationship between a client and a real estate licensee who has been engaged by such client to provide brokerage services.\n\t\t“Brokerage services” means (i) those activities described in subsection A of \u00a7 54.1-2131, subsection A of \u00a7 54.1-2132, subsection A of \u00a7 54.1-2133, and subsection A of \u00a7 54.1-2134; (ii) activities requiring the exercise of a licensee’s professional judgment, discretion, advice, or counsel; or (iii) activities otherwise performed in connection with procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange, or rent real estate on behalf of the client with whom the licensee has an executed brokerage agreement.\n\t\t“Client” means a person who has entered into a brokerage relationship with a licensee.\n\t\t“Commercial real estate” means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under \u00a7 58.1-3230. Commercial real estate shall not include single family residential units, including condominiums, townhouses, apartments, or homes in a subdivision when leased on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.\n\t\t“Common source information company” means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services.\n\t\t“Customer” means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. Unless a licensee enters into a brokerage relationship with such person, it shall be presumed that such person is a customer of the licensee rather than a client.\n\t\t“Designated agent” or “designated representative” means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction. A designated representative shall only act as an independent contractor.\n\t\t“Dual agent” or “dual representative” means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction. A dual agent has an agency relationship under brokerage agreements with the clients. A dual representative has an independent contractor relationship under brokerage agreements with the clients. A dual representative shall only act as an independent contractor.\n\t\t“Independent contractor” means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131 through 54.1-2135.\n\t\t“Licensee” means real estate brokers and salespersons as defined in Article 1 (\u00a7 54.1-2100 et seq.).\n\t\t“Limited service agent” means a licensee who acts for or represents a client in a residential real estate transaction pursuant to a brokerage agreement that provides that the limited service agent will not provide one or more of the duties set forth in subdivision A 2 of \u00a7 54.1-2131, subdivision A 3 of \u00a7 54.1-2132, subdivision A 2 of \u00a7 54.1-2133, and subdivision A 3 of \u00a7 54.1-2134. A limited service agent shall have the obligations set out in the brokerage agreement, except that a limited service agent shall provide the client, at the time of entering the brokerage agreement, copies of any and all disclosures required by federal or state law, or local disclosures expressly authorized by state law, and shall disclose to the client the following in writing: (i) the rights and obligations of the client under the Virginia Residential Property Disclosure Act (\u00a7 55.1-700 et seq.); (ii) if the client is selling a condominium, the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309; and (iii) if the client is selling a property subject to the Property Owners’ Association Act (\u00a7 55.1-1800 et seq.), the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309.\n\t\t“Ministerial acts” means those routine acts that a licensee can perform for a person that do not involve discretion or the exercise of the licensee’s own judgment.\n\t\t“Property management agreement” means the written agreement between a property manager and the owner of real estate for the management of the real estate.\n\t\t“Residential real estate” means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units.\n\t\t“Showing property” means (i) taking a prospective buyer or tenant to a property, obtaining access to such property, and taking the individual through the property, including entering a property to provide a live, virtual tour to a prospective buyer or tenant who is not physically present; (ii) responding to questions or providing information about such property that is not of public record while at the property; or (iii) otherwise providing brokerage services while at the property.\n\t\t“Standard agent” means a licensee who acts for or represents a client in an agency relationship in a residential real estate transaction. A standard agent shall have the obligations as provided in this article and any additional obligations agreed to by the parties in the brokerage agreement.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14179,"edition_id":1,"name":"Duties of Real Estate Brokers and Salespersons","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12756,"metadata":{},"date_created":"2026-06-26 03:47:09","date_modified":"2026-06-26 03:47:09","permalink":{"id":240053,"object_type":"structure","relational_id":14179,"identifier":"3","token":"54.1\/II\/21\/3","url":"\/54.1\/II\/21\/3\/","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":55353,"structure_id":14179,"section_number":"54.1-2130","catch_line":"Definitions","url":"\/54.1-2130\/","token":"54.1\/II\/21\/3\/54.1-2130","metadata":false},{"id":80572,"structure_id":14179,"section_number":"54.1-2131","catch_line":"Licensees engaged by sellers","url":"\/54.1-2131\/","token":"54.1\/II\/21\/3\/54.1-2131","metadata":false},{"id":73912,"structure_id":14179,"section_number":"54.1-2132","catch_line":"Licensees engaged by buyers","url":"\/54.1-2132\/","token":"54.1\/II\/21\/3\/54.1-2132","metadata":false},{"id":85765,"structure_id":14179,"section_number":"54.1-2133","catch_line":"Licensees engaged by landlords to lease property","url":"\/54.1-2133\/","token":"54.1\/II\/21\/3\/54.1-2133","metadata":false},{"id":62657,"structure_id":14179,"section_number":"54.1-2134","catch_line":"Licensees engaged by tenants","url":"\/54.1-2134\/","token":"54.1\/II\/21\/3\/54.1-2134","metadata":false},{"id":58678,"structure_id":14179,"section_number":"54.1-2135","catch_line":"Licensees engaged to manage real estate","url":"\/54.1-2135\/","token":"54.1\/II\/21\/3\/54.1-2135","metadata":false},{"id":68223,"structure_id":14179,"section_number":"54.1-2136","catch_line":"Preconditions to brokerage relationship","url":"\/54.1-2136\/","token":"54.1\/II\/21\/3\/54.1-2136","metadata":false},{"id":71178,"structure_id":14179,"section_number":"54.1-2137","catch_line":"Commencement and termination of brokerage relationships; brokerage agreements required","url":"\/54.1-2137\/","token":"54.1\/II\/21\/3\/54.1-2137","metadata":false},{"id":55998,"structure_id":14179,"section_number":"54.1-2138","catch_line":"Disclosure of brokerage relationship in residential real estate transactions","url":"\/54.1-2138\/","token":"54.1\/II\/21\/3\/54.1-2138","metadata":false},{"id":81882,"structure_id":14179,"section_number":"54.1-2138.1","catch_line":"Limited service agent in a residential real estate transaction, contract disclosure required","url":"\/54.1-2138.1\/","token":"54.1\/II\/21\/3\/54.1-2138.1","metadata":false},{"id":77987,"structure_id":14179,"section_number":"54.1-2138.2","catch_line":"Duty to disclose ownership interest in specific real property","url":"\/54.1-2138.2\/","token":"54.1\/II\/21\/3\/54.1-2138.2","metadata":false},{"id":85995,"structure_id":14179,"section_number":"54.1-2139","catch_line":"Disclosed dual agency and dual representation authorized in a residential real estate transaction","url":"\/54.1-2139\/","token":"54.1\/II\/21\/3\/54.1-2139","metadata":false},{"id":82081,"structure_id":14179,"section_number":"54.1-2139.01","catch_line":"Disclosed dual agency and dual representation in commercial real estate transactions authorized","url":"\/54.1-2139.01\/","token":"54.1\/II\/21\/3\/54.1-2139.01","metadata":false},{"id":58353,"structure_id":14179,"section_number":"54.1-2139.1","catch_line":"Designated standard agency or designated representation authorized in a residential real estate transaction","url":"\/54.1-2139.1\/","token":"54.1\/II\/21\/3\/54.1-2139.1","metadata":false},{"id":76531,"structure_id":14179,"section_number":"54.1-2139.2","catch_line":"Repealed","url":"\/54.1-2139.2\/","token":"54.1\/II\/21\/3\/54.1-2139.2","metadata":false},{"id":82130,"structure_id":14179,"section_number":"54.1-2140","catch_line":"Compensation shall not imply brokerage relationship","url":"\/54.1-2140\/","token":"54.1\/II\/21\/3\/54.1-2140","metadata":false},{"id":85462,"structure_id":14179,"section_number":"54.1-2141","catch_line":"Brokerage relationship not created by using common source information company","url":"\/54.1-2141\/","token":"54.1\/II\/21\/3\/54.1-2141","metadata":false},{"id":62698,"structure_id":14179,"section_number":"54.1-2142","catch_line":"Liability; knowledge not to be imputed","url":"\/54.1-2142\/","token":"54.1\/II\/21\/3\/54.1-2142","metadata":false},{"id":66918,"structure_id":14179,"section_number":"54.1-2142.1","catch_line":"Liability for false information","url":"\/54.1-2142.1\/","token":"54.1\/II\/21\/3\/54.1-2142.1","metadata":false},{"id":67759,"structure_id":14179,"section_number":"54.1-2143","catch_line":"Real estate board regulations to be consistent","url":"\/54.1-2143\/","token":"54.1\/II\/21\/3\/54.1-2143","metadata":false},{"id":59352,"structure_id":14179,"section_number":"54.1-2144","catch_line":"Common law abrogated","url":"\/54.1-2144\/","token":"54.1\/II\/21\/3\/54.1-2144","metadata":false},{"id":81375,"structure_id":14179,"section_number":"54.1-2145","catch_line":"Article does not limit antitrust laws","url":"\/54.1-2145\/","token":"54.1\/II\/21\/3\/54.1-2145","metadata":false},{"id":69415,"structure_id":14179,"section_number":"54.1-2146","catch_line":"Licensee maintenance of records","url":"\/54.1-2146\/","token":"54.1\/II\/21\/3\/54.1-2146","metadata":false}],"next_section":{"id":80572,"structure_id":14179,"section_number":"54.1-2131","catch_line":"Licensees engaged by sellers","url":"\/54.1-2131\/","token":"54.1\/II\/21\/3\/54.1-2131","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2130\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapters 741<\/a> and 813<\/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. It has been modified 7 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 2006, chapter 627<\/a>; in 2008, chapters 851<\/a> and 871<\/a>; in 2011, chapter 461<\/a>; in 2012, chapter 750<\/a>; in 2016, chapter 334<\/a>; in 2023, chapters 387<\/a> and 388<\/a>; in 2025, chapters 479<\/a> and 495<\/a>.<\/p>","references":[{"id":84187,"section_number":"54.1-2105.03","catch_line":"Continuing education; relicensure of brokers and salespersons","order_by":null,"url":"\/54.1-2105.03\/"},{"id":85995,"section_number":"54.1-2139","catch_line":"Disclosed dual agency and dual representation authorized in a residential real estate transaction","order_by":null,"url":"\/54.1-2139\/"},{"id":82081,"section_number":"54.1-2139.01","catch_line":"Disclosed dual agency and dual representation in commercial real estate transactions authorized","order_by":null,"url":"\/54.1-2139.01\/"},{"id":58353,"section_number":"54.1-2139.1","catch_line":"Designated standard agency or designated representation authorized in a residential real estate transaction","order_by":null,"url":"\/54.1-2139.1\/"},{"id":78923,"section_number":"64.2-2022","catch_line":"Management powers and duties of conservator","order_by":null,"url":"\/64.2-2022\/"}],"refers_to":[{"id":74059,"section_number":"54.1-2100","catch_line":"Definitions","order_by":null,"url":"\/54.1-2100\/"},{"id":80572,"section_number":"54.1-2131","catch_line":"Licensees engaged by sellers","order_by":null,"url":"\/54.1-2131\/"},{"id":73912,"section_number":"54.1-2132","catch_line":"Licensees engaged by buyers","order_by":null,"url":"\/54.1-2132\/"},{"id":85765,"section_number":"54.1-2133","catch_line":"Licensees engaged by landlords to lease property","order_by":null,"url":"\/54.1-2133\/"},{"id":62657,"section_number":"54.1-2134","catch_line":"Licensees engaged by tenants","order_by":null,"url":"\/54.1-2134\/"},{"id":58678,"section_number":"54.1-2135","catch_line":"Licensees engaged to manage real estate","order_by":null,"url":"\/54.1-2135\/"},{"id":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"},{"id":70933,"section_number":"55.1-2309","catch_line":"Resale certificate; delivery","order_by":null,"url":"\/55.1-2309\/"},{"id":69225,"section_number":"55.1-700","catch_line":"Definitions","order_by":null,"url":"\/55.1-700\/"},{"id":54425,"section_number":"58.1-3230","catch_line":"Special classifications of real estate established and defined","order_by":null,"url":"\/58.1-3230\/"}],"permalink":{"id":240055,"object_type":"law","relational_id":55353,"identifier":"54.1-2130","token":"54.1\/II\/21\/3\/54.1-2130","url":"\/54.1-2130\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2130\/","token":"54.1\/II\/21\/3\/54.1-2130","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2130","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Agency<\/span>” means every relationship in which a real estate licensee<\/span> acts for or represents a person as an agent by such person’s express authority in a commercial or residential real estate<\/span> transaction, unless a different legal relationship is intended and is agreed to as part of the brokerage agreement<\/span>. Nothing in this article shall prohibit a licensee<\/span> and a client<\/span> from agreeing in writing to a brokerage relationship<\/span> under which the licensee<\/span> acts as an independent contractor<\/span> or which imposes on a licensee<\/span> obligations in addition to those provided in this article. If a licensee<\/span> agrees to additional obligations, however, the licensee<\/span> shall be responsible for the additional obligations agreed to with the client<\/span> in the brokerage agreement<\/span>. A real estate licensee<\/span> who enters into a brokerage relationship<\/span> based upon a written brokerage agreement<\/span> that specifically states that the real estate licensee<\/span> is acting as an independent contractor<\/span> and not as an agent shall have the obligations agreed to by the parties in the brokerage agreement<\/span>, and such real estate licensee<\/span> and its employees shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131<\/a>; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132<\/a>; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133<\/a>; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134<\/a>; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135<\/a> but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131<\/a> through 54.1-2135<\/a>. Any real estate licensee<\/span> who acts for or represents a client<\/span> in an agency<\/span> relationship in a residential real estate<\/span> transaction shall either represent such client<\/span> as a standard agent<\/span> or a limited service agent<\/span>.\n\t\t“Agent” means a real estate licensee<\/span> who is acting as (i) a standard agent<\/span> in a residential real estate<\/span> transaction, (ii) a limited service agent<\/span> in a residential real estate<\/span> transaction, or (iii) an agent in a commercial real estate<\/span> transaction.\n\t\t“Brokerage agreement<\/span>” means the written agreement creating a brokerage relationship<\/span> between a client<\/span> and a licensee<\/span>. The brokerage agreement<\/span> shall state whether the real estate licensee<\/span> will represent the client<\/span> as an agent or an independent contractor<\/span>.\n\t\t“Brokerage relationship<\/span>” means the contractual relationship between a client<\/span> and a real estate licensee<\/span> who has been engaged by such client<\/span> to provide brokerage services<\/span>.\n\t\t“Brokerage services<\/span>” means (i) those activities described in subsection A of \u00a7 54.1-2131<\/a>, subsection A of \u00a7 54.1-2132<\/a>, subsection A of \u00a7 54.1-2133<\/a>, and subsection A of \u00a7 54.1-2134<\/a>; (ii) activities requiring the exercise of a licensee<\/span>’s professional judgment<\/span>, discretion, advice, or counsel<\/span>; or (iii) activities otherwise performed in connection with procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange, or rent real estate on behalf of the client<\/span> with whom the licensee<\/span> has an executed brokerage agreement<\/span>.\n\t\t“Client<\/span>” means a person who has entered into a brokerage relationship<\/span> with a licensee<\/span>.\n\t\t“Commercial real estate<\/span>” means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under \u00a7 58.1-3230<\/a>. Commercial real estate<\/span> shall not include single family residential units, including condominiums, townhouses, apartments, or homes in a subdivision when leased on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units.\n\t\t“Common source information company<\/span>” means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services.\n\t\t“Customer<\/span>” means a person who has not entered into a brokerage relationship<\/span> with a licensee<\/span> but for whom a licensee<\/span> performs ministerial acts<\/span> in a real estate transaction. Unless a licensee<\/span> enters into a brokerage relationship<\/span> with such person, it shall be presumed that such person is a customer<\/span> of the licensee<\/span> rather than a client<\/span>.\n\t\t“Designated agent<\/span>” or “designated representative<\/span>” means a licensee<\/span> who has been assigned by a principal or supervising broker<\/span> to represent a client<\/span> when a different client<\/span> is also represented by such principal or broker in the same transaction. A designated representative<\/span> shall only act as an independent contractor<\/span>.\n\t\t“Dual agent<\/span>” or “dual representative<\/span>” means a licensee<\/span> who has a brokerage relationship<\/span> with both seller and buyer, or both landlord and tenant, in the same real estate transaction. A dual agent<\/span> has an agency<\/span> relationship under brokerage agreements<\/span> with the clients<\/span>. A dual representative<\/span> has an independent contractor<\/span> relationship under brokerage agreements<\/span> with the clients<\/span>. A dual representative<\/span> shall only act as an independent contractor<\/span>.\n\t\t“Independent contractor<\/span>” means a real estate licensee<\/span> who (i) enters into a brokerage relationship<\/span> based upon a brokerage agreement<\/span> that specifically states that the real estate licensee<\/span> is acting as an independent contractor<\/span> and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement<\/span>; and (iii) shall comply with the provisions of subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131<\/a>; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132<\/a>; subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2133<\/a>; subdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2134<\/a>; and subdivisions A 2 through 6 and subsections C and D of \u00a7 54.1-2135<\/a> but otherwise shall have no obligations under \u00a7\u00a7 54.1-2131<\/a> through 54.1-2135<\/a>.\n\t\t“Licensee<\/span>” means real estate brokers<\/span> and salespersons as defined in Article 1 (\u00a7 54.1-2100<\/a> et seq.).\n\t\t“Limited service agent<\/span>” means a licensee<\/span> who acts for or represents a client<\/span> in a residential real estate<\/span> transaction pursuant to a brokerage agreement<\/span> that provides that the limited service agent<\/span> will not provide one or more of the duties set forth in subdivision A 2 of \u00a7 54.1-2131<\/a>, subdivision A 3 of \u00a7 54.1-2132<\/a>, subdivision A 2 of \u00a7 54.1-2133<\/a>, and subdivision A 3 of \u00a7 54.1-2134<\/a>. A limited service agent<\/span> shall have the obligations set out in the brokerage agreement<\/span>, except that a limited service agent<\/span> shall provide the client<\/span>, at the time of entering the brokerage agreement<\/span>, copies of any and all disclosures required by federal or state law<\/span>, or local disclosures expressly authorized by state law<\/span>, and shall disclose to the client<\/span> the following in writing: (i) the rights and obligations of the client<\/span> under the Virginia Residential Property Disclosure Act (\u00a7 55.1-700<\/a> et seq.); (ii) if the client<\/span> is selling a condominium, the rights and obligations of the client<\/span> to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309<\/a>; and (iii) if the client<\/span> is selling a property subject to the Property Owners’ Association Act (\u00a7 55.1-1800<\/a> et seq.), the rights and obligations of the client<\/span> to deliver to the purchasers, or to receive as purchaser, the resale certificate required by \u00a7 55.1-2309<\/a>.\n\t\t“Ministerial acts<\/span>” means those routine acts that a licensee<\/span> can perform for a person that do not involve discretion or the exercise of the licensee<\/span>’s own judgment<\/span>.\n\t\t“Property management agreement<\/span>” means the written agreement between a property manager and the owner of real estate for the management of the real estate.\n\t\t“Residential real estate<\/span>” means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units.\n\t\t“Showing property<\/span>” means (i) taking a prospective buyer or tenant to a property, obtaining access to such property, and taking the individual through the property, including entering a property to provide a live, virtual tour to a prospective buyer or tenant who is not physically present; (ii) responding to questions or providing information about such property that is not of public record while at the property; or (iii) otherwise providing brokerage services<\/span> while at the property.\n\t\t“Standard agent<\/span>” means a licensee<\/span> who acts for or represents a client<\/span> in an agency<\/span> relationship in a residential real estate<\/span> transaction. A standard agent<\/span> shall have the obligations as provided in this article and any additional obligations agreed to by the parties in the brokerage agreement<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 54.1-2130)\n\nAs used in this article:\n\t\t“Agency” means every relationship in which a real estate licensee\nacts for or represents a person as an agent by such person’s express\nauthority in a commercial or residential real estate transaction, unless a\ndifferent legal relationship is intended and is agreed to as part of the\nbrokerage agreement. Nothing in this article shall prohibit a licensee and a\nclient from agreeing in writing to a brokerage relationship under which the\nlicensee acts as an independent contractor or which imposes on a licensee\nobligations in addition to those provided in this article. If a licensee agrees\nto additional obligations, however, the licensee shall be responsible for the\nadditional obligations agreed to with the client in the brokerage agreement. A\nreal estate licensee who enters into a brokerage relationship based upon a\nwritten brokerage agreement that specifically states that the real estate\nlicensee is acting as an independent contractor and not as an agent shall have\nthe obligations agreed to by the parties in the brokerage agreement, and such\nreal estate licensee and its employees shall comply with the provisions of\nsubdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131; subdivisions\nA 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions A 3 through\n7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through 8 and\nsubsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and\nsubsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations\nunder \u00a7\u00a7 54.1-2131 through 54.1-2135. Any real estate licensee who acts for or\nrepresents a client in an agency relationship in a residential real estate\ntransaction shall either represent such client as a standard agent or a limited\nservice agent.\n\t\t“Agent” means a real estate licensee who is acting as (i) a\nstandard agent in a residential real estate transaction, (ii) a limited service\nagent in a residential real estate transaction, or (iii) an agent in a\ncommercial real estate transaction.\n\t\t“Brokerage agreement” means the written agreement creating a\nbrokerage relationship between a client and a licensee. The brokerage agreement\nshall state whether the real estate licensee will represent the client as an\nagent or an independent contractor.\n\t\t“Brokerage relationship” means the contractual relationship\nbetween a client and a real estate licensee who has been engaged by such client\nto provide brokerage services.\n\t\t“Brokerage services” means (i) those activities described in\nsubsection A of \u00a7 54.1-2131, subsection A of \u00a7 54.1-2132, subsection A of \u00a7\n54.1-2133, and subsection A of \u00a7 54.1-2134; (ii) activities requiring the\nexercise of a licensee’s professional judgment, discretion, advice, or\ncounsel; or (iii) activities otherwise performed in connection with procuring a\nseller, buyer, option, tenant, or landlord ready, able, and willing to sell,\nbuy, option, exchange, or rent real estate on behalf of the client with whom the\nlicensee has an executed brokerage agreement.\n\t\t“Client” means a person who has entered into a brokerage\nrelationship with a licensee.\n\t\t“Commercial real estate” means any real estate other than (i) real\nestate containing one to four residential units or (ii) real estate classified\nfor assessment purposes under \u00a7 58.1-3230. Commercial real estate shall not\ninclude single family residential units, including condominiums, townhouses,\napartments, or homes in a subdivision when leased on a unit by unit basis even\nthough these units may be part of a larger building or parcel of real estate\ncontaining more than four residential units.\n\t\t“Common source information company” means any person, firm, or\ncorporation that is a source, compiler, or supplier of information regarding\nreal estate for sale or lease and other data and includes, but is not limited\nto, multiple listing services.\n\t\t“Customer” means a person who has not entered into a brokerage\nrelationship with a licensee but for whom a licensee performs ministerial acts\nin a real estate transaction. Unless a licensee enters into a brokerage\nrelationship with such person, it shall be presumed that such person is a\ncustomer of the licensee rather than a client.\n\t\t“Designated agent” or “designated representative”\nmeans a licensee who has been assigned by a principal or supervising broker to\nrepresent a client when a different client is also represented by such principal\nor broker in the same transaction. A designated representative shall only act as\nan independent contractor.\n\t\t“Dual agent” or “dual representative” means a licensee\nwho has a brokerage relationship with both seller and buyer, or both landlord\nand tenant, in the same real estate transaction. A dual agent has an agency\nrelationship under brokerage agreements with the clients. A dual representative\nhas an independent contractor relationship under brokerage agreements with the\nclients. A dual representative shall only act as an independent contractor.\n\t\t“Independent contractor” means a real estate licensee who (i)\nenters into a brokerage relationship based upon a brokerage agreement that\nspecifically states that the real estate licensee is acting as an independent\ncontractor and not as an agent; (ii) shall have the obligations agreed to by the\nparties in the brokerage agreement; and (iii) shall comply with the provisions\nof subdivisions A 3 through 7 and subsections B and E of \u00a7 54.1-2131;\nsubdivisions A 4 through 8 and subsections B and E of \u00a7 54.1-2132; subdivisions\nA 3 through 7 and subsections B and E of \u00a7 54.1-2133; subdivisions A 4 through\n8 and subsections B and E of \u00a7 54.1-2134; and subdivisions A 2 through 6 and\nsubsections C and D of \u00a7 54.1-2135 but otherwise shall have no obligations\nunder \u00a7\u00a7 54.1-2131 through 54.1-2135.\n\t\t“Licensee” means real estate brokers and salespersons as defined\nin Article 1 (\u00a7 54.1-2100 et seq.).\n\t\t“Limited service agent” means a licensee who acts for or\nrepresents a client in a residential real estate transaction pursuant to a\nbrokerage agreement that provides that the limited service agent will not\nprovide one or more of the duties set forth in subdivision A 2 of \u00a7 54.1-2131,\nsubdivision A 3 of \u00a7 54.1-2132, subdivision A 2 of \u00a7 54.1-2133, and\nsubdivision A 3 of \u00a7 54.1-2134. A limited service agent shall have the\nobligations set out in the brokerage agreement, except that a limited service\nagent shall provide the client, at the time of entering the brokerage agreement,\ncopies of any and all disclosures required by federal or state law, or local\ndisclosures expressly authorized by state law, and shall disclose to the client\nthe following in writing: (i) the rights and obligations of the client under the\nVirginia Residential Property Disclosure Act (\u00a7 55.1-700 et seq.); (ii) if the\nclient is selling a condominium, the rights and obligations of the client to\ndeliver to the purchasers, or to receive as purchaser, the resale certificate\nrequired by \u00a7 55.1-2309; and (iii) if the client is selling a property subject\nto the Property Owners’ Association Act (\u00a7 55.1-1800 et seq.), the rights\nand obligations of the client to deliver to the purchasers, or to receive as\npurchaser, the resale certificate required by \u00a7 55.1-2309.\n\t\t“Ministerial acts” means those routine acts that a licensee can\nperform for a person that do not involve discretion or the exercise of the\nlicensee’s own judgment.\n\t\t“Property management agreement” means the written agreement\nbetween a property manager and the owner of real estate for the management of\nthe real estate.\n\t\t“Residential real estate” means real property containing from one\nto four residential dwelling units and the sale of lots containing one to four\nresidential dwelling units.\n\t\t“Showing property” means (i) taking a prospective buyer or tenant\nto a property, obtaining access to such property, and taking the individual\nthrough the property, including entering a property to provide a live, virtual\ntour to a prospective buyer or tenant who is not physically present; (ii)\nresponding to questions or providing information about such property that is not\nof public record while at the property; or (iii) otherwise providing brokerage\nservices while at the property.\n\t\t“Standard agent” means a licensee who acts for or represents a\nclient in an agency relationship in a residential real estate transaction. A\nstandard agent shall have the obligations as provided in this article and any\nadditional obligations agreed to by the parties in the brokerage agreement.\n\nHISTORY: 1995, cc. 741, 813; 2006, c. 627; 2008, cc. 851, 871; 2011, c. 461;\n2012, c. 750; 2016, c. 334; 2023, cc. 387, 388; 2025, cc. 479, 495.","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}}