{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2131.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2131.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2131.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2131.html"}],"law_id":80572,"edition_id":1,"section_id":80572,"structure_id":14179,"section_number":"54.1-2131","catch_line":"Licensees engaged by sellers","history":"1995, cc. 741, 813; 2006, c. 627; 2008, c. 741; 2011, cc. 34, 46, 461; 2012, c. 750; 2016, c. 334; 2025, cc. 479, 495.","full_text":"A\n\nA licensee engaged by a seller shall:1\n\nPerform in accordance with the terms of the brokerage agreement;2\n\nPromote the interests of the seller by:\n\t\t\t\ta. Conducting marketing activities on behalf of the seller in accordance with the brokerage agreement. In so doing, the licensee shall seek a sale at the price and terms agreed upon in the brokerage agreement or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage agreement or as the contract of sale so provides;\n\t\t\t\tb. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract pursuant to § 54.1-2101.1 and in establishing strategies for accomplishing the seller’s objectives;\n\t\t\t\tc. Receiving and presenting in a timely manner written offers and counteroffers to and from the seller and purchasers, even when the property is already subject to a contract of sale; and\n\t\t\t\td. Providing reasonable assistance to the seller to satisfy the seller’s contract obligations and to facilitate settlement of the purchase contract;3\n\nMaintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information;4\n\nExercise ordinary care;5\n\nAccount in a timely manner for all money and property received by the licensee in which the seller has or may have an interest;6\n\nDisclose to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and7\n\nComply with all requirements of this article, all fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations that are not in conflict with this article.B\n\nLicensees shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property that are actually known by the licensee. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the prospective buyer. For purposes of this section, “defective drywall” means all defective drywall as defined in § 36-156.1. As used in this section, the term “physical condition of the property” refers to the physical condition of the land and any improvements thereon, and does not refer to (i) matters outside the boundaries of the land or relating to adjacent or other properties in proximity thereto, (ii) matters relating to governmental land use regulations, or (iii) matters relating to highways or public streets. Such disclosure shall be made in writing. No cause of action shall arise against any licensee for revealing information as required by this article or applicable law. Nothing in this article shall limit in any way the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.) applicable to residential real estate transactions.C\n\nA licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage agreement, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection A shall not be construed to violate the licensee’s brokerage agreement with the seller unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.D\n\nA licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.E\n\nLicensees in residential real estate transactions shall disclose brokerage relationships pursuant to the provisions of this article.F\n\nNothing in this section shall be construed to require a licensee to disclose whether settlement services under Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 will be provided by an attorney or a nonattorney settlement agent.G\n\nA licensee engaged by a seller shall not be required to enter into a brokerage agreement with a prospective buyer to show property to the prospective buyer when such showing is conducted pursuant to and in accordance with a brokerage agreement entered into with a seller client.","order_by":null,"text":{"0":{"id":288682,"text":"A licensee engaged by a seller shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":288683,"text":"Perform in accordance with the terms of the brokerage agreement;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":288684,"text":"Promote the interests of the seller by:\n\t\t\t\ta. Conducting marketing activities on behalf of the seller in accordance with the brokerage agreement. In so doing, the licensee shall seek a sale at the price and terms agreed upon in the brokerage agreement or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage agreement or as the contract of sale so provides;\n\t\t\t\tb. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract pursuant to § 54.1-2101.1 and in establishing strategies for accomplishing the seller’s objectives;\n\t\t\t\tc. Receiving and presenting in a timely manner written offers and counteroffers to and from the seller and purchasers, even when the property is already subject to a contract of sale; and\n\t\t\t\td. Providing reasonable assistance to the seller to satisfy the seller’s contract obligations and to facilitate settlement of the purchase contract;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":288685,"text":"Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":288686,"text":"Exercise ordinary care;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":288687,"text":"Account in a timely manner for all money and property received by the licensee in which the seller has or may have an interest;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":288688,"text":"Disclose to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":288689,"text":"Comply with all requirements of this article, all fair housing statutes and regulations for residential real estate transactions as applicable, and all other applicable statutes and regulations that are not in conflict with this article.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":288690,"text":"Licensees shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property that are actually known by the licensee. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the prospective buyer. For purposes of this section, “defective drywall” means all defective drywall as defined in § 36-156.1. As used in this section, the term “physical condition of the property” refers to the physical condition of the land and any improvements thereon, and does not refer to (i) matters outside the boundaries of the land or relating to adjacent or other properties in proximity thereto, (ii) matters relating to governmental land use regulations, or (iii) matters relating to highways or public streets. Such disclosure shall be made in writing. No cause of action shall arise against any licensee for revealing information as required by this article or applicable law. Nothing in this article shall limit in any way the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.) applicable to residential real estate transactions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":288691,"text":"A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage agreement, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection A shall not be construed to violate the licensee’s brokerage agreement with the seller unless expressly prohibited by the terms of the brokerage agreement, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":288692,"text":"A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":288693,"text":"Licensees in residential real estate transactions shall disclose brokerage relationships pursuant to the provisions of this article.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":288694,"text":"Nothing in this section shall be construed to require a licensee to disclose whether settlement services under Chapter 10 (§ 55.1-1000 et seq.) of Title 55.1 will be provided by an attorney or a nonattorney settlement agent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":288695,"text":"A licensee engaged by a seller shall not be required to enter into a brokerage agreement with a prospective buyer to show property to the prospective buyer when such showing is conducted pursuant to and in accordance with a brokerage agreement entered into with a seller client.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2131\/","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 6 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, chapter 741<\/a>; in 2011, chapters 34<\/a>, 46<\/a>, and 461<\/a>; in 2012, chapter 750<\/a>; in 2016, chapter 334<\/a>; in 2025, chapters 479<\/a> and 495<\/a>.<\/p>","references":[{"id":55353,"section_number":"54.1-2130","catch_line":"Definitions","order_by":null,"url":"\/54.1-2130\/"},{"id":81882,"section_number":"54.1-2138.1","catch_line":"Limited service agent in a residential real estate transaction, contract disclosure required","order_by":null,"url":"\/54.1-2138.1\/"}],"refers_to":[{"id":64639,"section_number":"36-156.1","catch_line":"Definitions","order_by":null,"url":"\/36-156.1\/"},{"id":84706,"section_number":"54.1-2101.1","catch_line":"Preparation of real estate contracts by real estate licensees; translation","order_by":null,"url":"\/54.1-2101.1\/"},{"id":80642,"section_number":"55.1-1000","catch_line":"Definitions","order_by":null,"url":"\/55.1-1000\/"},{"id":69225,"section_number":"55.1-700","catch_line":"Definitions","order_by":null,"url":"\/55.1-700\/"}],"permalink":{"id":240059,"object_type":"law","relational_id":80572,"identifier":"54.1-2131","token":"54.1\/II\/21\/3\/54.1-2131","url":"\/54.1-2131\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2131\/","token":"54.1\/II\/21\/3\/54.1-2131","dublin_core":{"Title":"Licensees engaged by sellers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2131","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensee<\/span> engaged by a seller shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Perform in accordance with the terms of the brokerage agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Promote the interests of the seller by:\n\t\t\t\ta. Conducting marketing activities on behalf of the seller in accordance with the brokerage agreement<\/span>. In so doing, the licensee<\/span> shall seek a sale at the price and terms agreed upon in the brokerage agreement<\/span> or at a price and terms acceptable to the seller; however, the licensee<\/span> shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract<\/span> of sale, unless agreed to as part of the brokerage agreement<\/span> or as the contract<\/span> of sale so provides;\n\t\t\t\tb. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract<\/span> pursuant to § 54.1-2101.1<\/a> and in establishing strategies for accomplishing the seller’s objectives;\n\t\t\t\tc. Receiving and presenting in a timely manner written offers and counteroffers to and from the seller and purchasers, even when the property is already subject to a contract<\/span> of sale; and\n\t\t\t\td. Providing reasonable assistance to the seller to satisfy the seller’s contract<\/span> obligations and to facilitate settlement<\/span> of the purchase contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Maintain confidentiality of all personal and financial information received from the client<\/span> during the brokerage relationship<\/span> and any other information that the client<\/span> requests during the brokerage relationship<\/span> be maintained confidential, unless otherwise provided by law<\/span> or the seller consents in writing to the release of such information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Exercise ordinary care; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Account in a timely manner for all money and property received by the licensee<\/span> in which the seller has or may have an interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Disclose to the seller material<\/span> facts<\/span> related to the property or concerning the transaction of which the licensee<\/span> has actual knowledge; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Comply with all requirements of this article, all fair housing statutes<\/span> and regulations for residential real estate<\/span> transactions as applicable, and all other applicable statutes<\/span> and regulations that are not in conflict with this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Licensees<\/span> shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee<\/span> engaged by a seller shall disclose to prospective buyers all material<\/span> adverse facts<\/span> pertaining to the physical condition of the property<\/span> that are actually known by the licensee<\/span>. If a licensee<\/span> has actual knowledge of the existence of defective drywall<\/span> in a residential property, the licensee<\/span> shall disclose the same to the prospective buyer. For purposes of this section, “defective drywall<\/span>” means all defective drywall<\/span> as defined in § 36-156.1<\/a>. As used in this section, the term “physical condition of the property<\/span>” refers to the physical condition of the land and any improvements thereon, and does not refer to (i) matters outside the boundaries of the land or relating to adjacent or other properties in proximity thereto, (ii) matters relating to governmental land use regulations, or (iii) matters relating to highways or public streets. Such disclosure shall be made in writing. No cause of action<\/span> shall arise against any licensee<\/span> for revealing information as required by this article or applicable law<\/span>. Nothing in this article shall limit in any way the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700<\/a> et seq.) applicable to residential real estate<\/span> transactions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A licensee<\/span> engaged by a seller in a real estate transaction may, unless prohibited by law<\/span> or the brokerage agreement<\/span>, provide assistance to a buyer or potential buyer by performing ministerial acts<\/span>. Performing such ministerial acts<\/span> that are not inconsistent with subsection A shall not be construed to violate the licensee<\/span>’s brokerage agreement<\/span> with the seller unless expressly prohibited by the terms of the brokerage agreement<\/span>, nor shall performing such ministerial acts<\/span> be construed to form a brokerage relationship<\/span> with such buyer or potential buyer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A licensee<\/span> engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients<\/span> or customers<\/span>, or by representing other sellers who have other properties for sale. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Licensees<\/span> in residential real estate<\/span> transactions shall disclose brokerage relationships<\/span> pursuant to the provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to require a licensee<\/span> to disclose whether settlement<\/span> services under Chapter 10 (§ 55.1-1000<\/a> et seq.) of Title 55.1 will be provided by an attorney or a nonattorney settlement<\/span> agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A licensee<\/span> engaged by a seller shall not be required to enter into a brokerage agreement<\/span> with a prospective buyer to show property to the prospective buyer when such showing is conducted pursuant to and in accordance with a brokerage agreement<\/span> entered into with a seller client<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSEES ENGAGED BY SELLERS (\u00a7 54.1-2131)\n\nA. A licensee engaged by a seller shall:\n\n 1. Perform in accordance with the terms of the brokerage agreement;\n\n 2. Promote the interests of the seller by:\n \t\t\t\ta. Conducting marketing activities on behalf of the seller in accordance\n with the brokerage agreement. In so doing, the licensee shall seek a sale at\n the price and terms agreed upon in the brokerage agreement or at a price and\n terms acceptable to the seller; however, the licensee shall not be obligated\n to seek additional offers to purchase the property while the property is\n subject to a contract of sale, unless agreed to as part of the brokerage\n agreement or as the contract of sale so provides;\n \t\t\t\tb. Assisting in the drafting and negotiating of offers and counteroffers,\n amendments, and addenda to the real estate contract pursuant to §\n 54.1-2101.1 and in establishing strategies for accomplishing the\n seller’s objectives;\n \t\t\t\tc. Receiving and presenting in a timely manner written offers and\n counteroffers to and from the seller and purchasers, even when the property is\n already subject to a contract of sale; and\n \t\t\t\td. Providing reasonable assistance to the seller to satisfy the\n seller’s contract obligations and to facilitate settlement of the\n purchase contract;\n\n 3. Maintain confidentiality of all personal and financial information received\n from the client during the brokerage relationship and any other information\n that the client requests during the brokerage relationship be maintained\n confidential, unless otherwise provided by law or the seller consents in\n writing to the release of such information;\n\n 4. Exercise ordinary care;\n\n 5. Account in a timely manner for all money and property received by the\n licensee in which the seller has or may have an interest;\n\n 6. Disclose to the seller material facts related to the property or concerning\n the transaction of which the licensee has actual knowledge; and\n\n 7. Comply with all requirements of this article, all fair housing statutes and\n regulations for residential real estate transactions as applicable, and all\n other applicable statutes and regulations that are not in conflict with this\n article.\n\nB. Licensees shall treat all prospective buyers honestly and shall not knowingly\ngive them false information. A licensee engaged by a seller shall disclose to\nprospective buyers all material adverse facts pertaining to the physical\ncondition of the property that are actually known by the licensee. If a licensee\nhas actual knowledge of the existence of defective drywall in a residential\nproperty, the licensee shall disclose the same to the prospective buyer. For\npurposes of this section, “defective drywall” means all defective\ndrywall as defined in § 36-156.1. As used in this section, the term\n“physical condition of the property” refers to the physical\ncondition of the land and any improvements thereon, and does not refer to (i)\nmatters outside the boundaries of the land or relating to adjacent or other\nproperties in proximity thereto, (ii) matters relating to governmental land use\nregulations, or (iii) matters relating to highways or public streets. Such\ndisclosure shall be made in writing. No cause of action shall arise against any\nlicensee for revealing information as required by this article or applicable\nlaw. Nothing in this article shall limit in any way the provisions of the\nVirginia Residential Property Disclosure Act (§ 55.1-700 et seq.)\napplicable to residential real estate transactions.\n\nC. A licensee engaged by a seller in a real estate transaction may, unless\nprohibited by law or the brokerage agreement, provide assistance to a buyer or\npotential buyer by performing ministerial acts. Performing such ministerial acts\nthat are not inconsistent with subsection A shall not be construed to violate\nthe licensee’s brokerage agreement with the seller unless expressly\nprohibited by the terms of the brokerage agreement, nor shall performing such\nministerial acts be construed to form a brokerage relationship with such buyer\nor potential buyer.\n\nD. A licensee engaged by a seller does not breach any duty or obligation owed to\nthe seller by showing alternative properties to prospective buyers, whether as\nclients or customers, or by representing other sellers who have other properties\nfor sale.\n\nE. Licensees in residential real estate transactions shall disclose brokerage\nrelationships pursuant to the provisions of this article.\n\nF. Nothing in this section shall be construed to require a licensee to disclose\nwhether settlement services under Chapter 10 (§ 55.1-1000 et seq.) of Title\n55.1 will be provided by an attorney or a nonattorney settlement agent.\n\nG. A licensee engaged by a seller shall not be required to enter into a\nbrokerage agreement with a prospective buyer to show property to the prospective\nbuyer when such showing is conducted pursuant to and in accordance with a\nbrokerage agreement entered into with a seller client.\n\nHISTORY: 1995, cc. 741, 813; 2006, c. 627; 2008, c. 741; 2011, cc. 34, 46, 461;\n2012, c. 750; 2016, c. 334; 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}}