{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2137.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2137.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2137.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2137.html"}],"law_id":71178,"edition_id":1,"section_id":71178,"structure_id":14179,"section_number":"54.1-2137","catch_line":"Commencement and termination of brokerage relationships; brokerage agreements required","history":"1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2018, cc. 60, 86; 2025, cc. 479, 495.","full_text":"A\n\nThe brokerage relationships set forth in this article shall commence at the time that a client engages a licensee to provide brokerage services and shall continue until (i) completion of performance in accordance with the brokerage agreement or (ii) the earlier of (a) any date of expiration agreed upon by the parties as part of the brokerage agreement or in any amendments thereto, (b) any mutually agreed upon termination of the brokerage agreement, (c) a default by any party under the terms of the brokerage agreement, or (d) a termination as set forth in subsection G of § 54.1-2139.B\n\nExcept as otherwise provided in this article, a licensee shall enter into a brokerage agreement with a prospective client prior to providing brokerage services. A licensee shall not be required to enter into a brokerage agreement prior to preparing property-specific materials with the intent to obtain a brokerage relationship with a prospective client.C\n\nBrokerage agreements shall be in writing and shall:1\n\nHave a definite termination date; however, if a brokerage agreement does not specify a definite termination date, the brokerage agreement shall terminate 90 days after the date of the brokerage agreement;2\n\nState the amount of the brokerage fees and how and when such fees are to be paid;3\n\nState the services to be rendered by the licensee;4\n\nInclude such other terms of the brokerage relationship as have been agreed to by the client and the licensee; and5\n\nIn the case of brokerage agreements entered into in conjunction with the client’s consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139.D\n\nExcept as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage agreement, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of 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 client consents in writing to the release of such information.","order_by":null,"text":{"0":{"id":256570,"text":"The brokerage relationships set forth in this article shall commence at the time that a client engages a licensee to provide brokerage services and shall continue until (i) completion of performance in accordance with the brokerage agreement or (ii) the earlier of (a) any date of expiration agreed upon by the parties as part of the brokerage agreement or in any amendments thereto, (b) any mutually agreed upon termination of the brokerage agreement, (c) a default by any party under the terms of the brokerage agreement, or (d) a termination as set forth in subsection G of § 54.1-2139.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256571,"text":"Except as otherwise provided in this article, a licensee shall enter into a brokerage agreement with a prospective client prior to providing brokerage services. A licensee shall not be required to enter into a brokerage agreement prior to preparing property-specific materials with the intent to obtain a brokerage relationship with a prospective client.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256572,"text":"Brokerage agreements shall be in writing and shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":256573,"text":"Have a definite termination date; however, if a brokerage agreement does not specify a definite termination date, the brokerage agreement shall terminate 90 days after the date of the brokerage agreement;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":256574,"text":"State the amount of the brokerage fees and how and when such fees are to be paid;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":256575,"text":"State the services to be rendered by the licensee;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":256576,"text":"Include such other terms of the brokerage relationship as have been agreed to by the client and the licensee; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":256577,"text":"In the case of brokerage agreements entered into in conjunction with the client’s consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":256578,"text":"Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage agreement, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of 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 client consents in writing to the release of such information.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2137\/","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 4 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 2011, chapter 461<\/a>; in 2012, chapter 750<\/a>; in 2018, chapters 60<\/a> and 86<\/a>; in 2025, chapters 479<\/a> and 495<\/a>.<\/p>","references":[{"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\/"}],"refers_to":false,"permalink":{"id":240083,"object_type":"law","relational_id":71178,"identifier":"54.1-2137","token":"54.1\/II\/21\/3\/54.1-2137","url":"\/54.1-2137\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2137\/","token":"54.1\/II\/21\/3\/54.1-2137","dublin_core":{"Title":"Commencement and termination of brokerage relationships; brokerage agreements required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2137","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The brokerage relationships<\/span> set forth in this article shall commence at the time that a client<\/span> engages a licensee<\/span> to provide brokerage services<\/span> and shall continue until (i) completion of performance in accordance with the brokerage agreement<\/span> or (ii) the earlier of (a) any date of expiration agreed upon by the parties as part of the brokerage agreement<\/span> or in any amendments thereto, (b) any mutually agreed upon termination of the brokerage agreement<\/span>, (c) a default<\/span> by any party<\/span> under the terms of the brokerage agreement<\/span>, or (d) a termination as set forth in subsection G of § 54.1-2139<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as otherwise provided in this article, a licensee<\/span> shall enter into a brokerage agreement<\/span> with a prospective client<\/span> prior to providing brokerage services<\/span>. A licensee<\/span> shall not be required to enter into a brokerage agreement<\/span> prior to preparing property-specific materials<\/span> with the intent<\/span> to obtain a brokerage relationship<\/span> with a prospective client<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Brokerage agreements<\/span> shall be in writing and shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Have a definite termination date; however, if a brokerage agreement<\/span> does not specify a definite termination date, the brokerage agreement<\/span> shall terminate 90 days after the date of the brokerage agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> State the amount of the brokerage fees and how and when such fees are to be paid; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> State the services to be rendered by the licensee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Include such other terms of the brokerage relationship<\/span> as have been agreed to by the client<\/span> and the licensee<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> In the case of brokerage agreements<\/span> entered into in conjunction with the client<\/span>’s consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise agreed to in writing, a licensee<\/span> owes no further duties to a client<\/span> after termination, expiration, or completion of performance of the brokerage agreement<\/span>, except to (i) account for all moneys and property relating to the brokerage relationship<\/span> and (ii) keep confidential all personal and financial information received from the client<\/span> during the course of 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 client<\/span> consents in writing to the release of such information. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMENCEMENT AND TERMINATION OF BROKERAGE RELATIONSHIPS; BROKERAGE AGREEMENTS\nREQUIRED (\u00a7 54.1-2137)\n\nA. The brokerage relationships set forth in this article shall commence at the\ntime that a client engages a licensee to provide brokerage services and shall\ncontinue until (i) completion of performance in accordance with the brokerage\nagreement or (ii) the earlier of (a) any date of expiration agreed upon by the\nparties as part of the brokerage agreement or in any amendments thereto, (b) any\nmutually agreed upon termination of the brokerage agreement, (c) a default by\nany party under the terms of the brokerage agreement, or (d) a termination as\nset forth in subsection G of § 54.1-2139.\n\nB. Except as otherwise provided in this article, a licensee shall enter into a\nbrokerage agreement with a prospective client prior to providing brokerage\nservices. A licensee shall not be required to enter into a brokerage agreement\nprior to preparing property-specific materials with the intent to obtain a\nbrokerage relationship with a prospective client.\n\nC. Brokerage agreements shall be in writing and shall:\n\n 1. Have a definite termination date; however, if a brokerage agreement does\n not specify a definite termination date, the brokerage agreement shall\n terminate 90 days after the date of the brokerage agreement;\n\n 2. State the amount of the brokerage fees and how and when such fees are to be\n paid;\n\n 3. State the services to be rendered by the licensee;\n\n 4. Include such other terms of the brokerage relationship as have been agreed\n to by the client and the licensee; and\n\n 5. In the case of brokerage agreements entered into in conjunction with the\n client’s consent to a dual representation, the disclosures set out in\n subsection A of § 54.1-2139.\n\nD. Except as otherwise agreed to in writing, a licensee owes no further duties\nto a client after termination, expiration, or completion of performance of the\nbrokerage agreement, except to (i) account for all moneys and property relating\nto the brokerage relationship and (ii) keep confidential all personal and\nfinancial information received from the client during the course of the\nbrokerage relationship and any other information that the client requests during\nthe brokerage relationship be maintained confidential, unless otherwise provided\nby law or the client consents in writing to the release of such information.\n\nHISTORY: 1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2018, cc. 60, 86; 2025,\ncc. 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}}