{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2138.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2138.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2138.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2138.1.html"}],"law_id":81882,"edition_id":1,"section_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","history":"2006, c. 627; 2012, c. 750; 2016, c. 334; 2025, cc. 479, 495.","full_text":"A\n\nA licensee may act as a limited service agent in a residential real estate transaction only pursuant to a written brokerage agreement in which the limited service agent (i) discloses that the licensee is acting as a limited service agent; (ii) provides a list of the specific services that the licensee will provide to the client; and (iii) provides a list of the specific duties of a standard agent set out in subdivision A 2 of § 54.1-2131, subdivision A 3 of § 54.1-2132, subdivision A 2 of § 54.1-2133, or subdivision A 3 of § 54.1-2134, as applicable, that the limited service agent will not provide to the client. Such disclosure shall be conspicuous and printed either in bold lettering or all capitals, and shall be underlined or in a separate box. In addition, a disclosure that contains language that complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\t“By entering into this brokerage agreement, the undersigned do hereby acknowledge their informed consent to the limited service agent in a residential real estate transaction by the licensee and do further acknowledge that neither the other party to the transaction nor any real estate licensee representing the other party is under any legal obligation to assist the undersigned with the performance of any duties and responsibilities of the undersigned not performed by the limited service agent.”\n\t\t\tA limited service agent shall disclose dual agency in accordance with § 54.1-2139.B\n\nA licensee engaged by one client to a residential real estate transaction and dealing with an unrepresented party or with a party represented by a limited service agent and who, without additional compensation, provides such other party information relative to the transaction or undertakes to assist such other party in securing a contract or with such party’s obligations thereunder, shall not incur liability for such actions except in the case of gross negligence or willful misconduct. A licensee does not create a brokerage relationship by providing such assistance or information to the other party to the transaction. A licensee dealing with a client of a limited service agent may enter into an agreement with that party for payment of a fee for services performed or information provided by that licensee. Such payment shall not create a brokerage relationship; however, the licensee providing such services or information for a fee shall be held to the ordinary standard of care in the provision of such services or information.","order_by":null,"text":{"0":{"id":293360,"text":"A licensee may act as a limited service agent in a residential real estate transaction only pursuant to a written brokerage agreement in which the limited service agent (i) discloses that the licensee is acting as a limited service agent; (ii) provides a list of the specific services that the licensee will provide to the client; and (iii) provides a list of the specific duties of a standard agent set out in subdivision A 2 of § 54.1-2131, subdivision A 3 of § 54.1-2132, subdivision A 2 of § 54.1-2133, or subdivision A 3 of § 54.1-2134, as applicable, that the limited service agent will not provide to the client. Such disclosure shall be conspicuous and printed either in bold lettering or all capitals, and shall be underlined or in a separate box. In addition, a disclosure that contains language that complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\t“By entering into this brokerage agreement, the undersigned do hereby acknowledge their informed consent to the limited service agent in a residential real estate transaction by the licensee and do further acknowledge that neither the other party to the transaction nor any real estate licensee representing the other party is under any legal obligation to assist the undersigned with the performance of any duties and responsibilities of the undersigned not performed by the limited service agent.”\n\t\t\tA limited service agent shall disclose dual agency in accordance with § 54.1-2139.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293361,"text":"A licensee engaged by one client to a residential real estate transaction and dealing with an unrepresented party or with a party represented by a limited service agent and who, without additional compensation, provides such other party information relative to the transaction or undertakes to assist such other party in securing a contract or with such party’s obligations thereunder, shall not incur liability for such actions except in the case of gross negligence or willful misconduct. A licensee does not create a brokerage relationship by providing such assistance or information to the other party to the transaction. A licensee dealing with a client of a limited service agent may enter into an agreement with that party for payment of a fee for services performed or information provided by that licensee. Such payment shall not create a brokerage relationship; however, the licensee providing such services or information for a fee shall be held to the ordinary standard of care in the provision of such services or information.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2138.1\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 627<\/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 3 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 2012, chapter 750<\/a>; in 2016, chapter 334<\/a>; in 2025, chapters 479<\/a> and 495<\/a>.<\/p>","references":[{"id":55998,"section_number":"54.1-2138","catch_line":"Disclosure of brokerage relationship in residential real estate transactions","order_by":null,"url":"\/54.1-2138\/"}],"refers_to":[{"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\/"}],"permalink":{"id":240091,"object_type":"law","relational_id":81882,"identifier":"54.1-2138.1","token":"54.1\/II\/21\/3\/54.1-2138.1","url":"\/54.1-2138.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2138.1\/","token":"54.1\/II\/21\/3\/54.1-2138.1","dublin_core":{"Title":"Limited service agent in a residential real estate transaction, contract disclosure required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2138.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensee<\/span> may act as a limited service agent<\/span> in a residential real estate<\/span> transaction only pursuant to a written brokerage agreement<\/span> in which the limited service agent<\/span> (i) discloses that the licensee<\/span> is acting as a limited service agent<\/span>; (ii) provides a list of the specific services that the licensee<\/span> will provide to the client<\/span>; and (iii) provides a list of the specific duties of a standard agent<\/span> set out in subdivision A 2 of § 54.1-2131<\/a>, subdivision A 3 of § 54.1-2132<\/a>, subdivision A 2 of § 54.1-2133<\/a>, or subdivision A 3 of § 54.1-2134<\/a>, as applicable, that the limited service agent<\/span> will not provide to the client<\/span>. Such disclosure shall be conspicuous and printed either in bold lettering or all capitals, and shall be underlined or in a separate box. In addition, a disclosure that contains language that complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\t“By entering into this brokerage agreement<\/span>, the undersigned do hereby acknowledge their informed consent to the limited service agent<\/span> in a residential real estate<\/span> transaction by the licensee<\/span> and do further acknowledge that neither the other party<\/span> to the transaction nor any real estate licensee<\/span> representing the other party<\/span> is under any legal obligation to assist the undersigned with the performance of any duties and responsibilities of the undersigned not performed by the limited service agent<\/span>.”\n\t\t\tA limited service agent<\/span> shall disclose dual agency<\/span> in accordance with § 54.1-2139<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A licensee<\/span> engaged by one client<\/span> to a residential real estate<\/span> transaction and dealing with an unrepresented party<\/span> or with a party<\/span> represented by a limited service agent<\/span> and who, without additional compensation, provides such other party<\/span> information relative to the transaction or undertakes to assist such other party<\/span> in securing a contract<\/span> or with such party<\/span>’s obligations thereunder, shall not incur liability for such actions except in the case of gross negligence<\/span> or willful misconduct. A licensee<\/span> does not create a brokerage relationship<\/span> by providing such assistance or information to the other party<\/span> to the transaction. A licensee<\/span> dealing with a client<\/span> of a limited service agent<\/span> may enter into an agreement with that party<\/span> for payment of a fee for services performed or information provided by that licensee<\/span>. Such payment shall not create a brokerage relationship<\/span>; however, the licensee<\/span> providing such services or information for a fee shall be held to the ordinary standard of care in the provision of such services or information. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITED SERVICE AGENT IN A RESIDENTIAL REAL ESTATE TRANSACTION, CONTRACT\nDISCLOSURE REQUIRED (\u00a7 54.1-2138.1)\n\nA. A licensee may act as a limited service agent in a residential real estate\ntransaction only pursuant to a written brokerage agreement in which the limited\nservice agent (i) discloses that the licensee is acting as a limited service\nagent; (ii) provides a list of the specific services that the licensee will\nprovide to the client; and (iii) provides a list of the specific duties of a\nstandard agent set out in subdivision A 2 of § 54.1-2131, subdivision A 3\nof § 54.1-2132, subdivision A 2 of § 54.1-2133, or subdivision A 3 of\n§ 54.1-2134, as applicable, that the limited service agent will not provide\nto the client. Such disclosure shall be conspicuous and printed either in bold\nlettering or all capitals, and shall be underlined or in a separate box. In\naddition, a disclosure that contains language that complies substantially in\neffect with the following shall be deemed in compliance with this disclosure\nrequirement:\n\t\t\t“By entering into this brokerage agreement, the undersigned do hereby\nacknowledge their informed consent to the limited service agent in a residential\nreal estate transaction by the licensee and do further acknowledge that neither\nthe other party to the transaction nor any real estate licensee representing the\nother party is under any legal obligation to assist the undersigned with the\nperformance of any duties and responsibilities of the undersigned not performed\nby the limited service agent.”\n\t\t\tA limited service agent shall disclose dual agency in accordance with §\n54.1-2139.\n\nB. A licensee engaged by one client to a residential real estate transaction and\ndealing with an unrepresented party or with a party represented by a limited\nservice agent and who, without additional compensation, provides such other\nparty information relative to the transaction or undertakes to assist such other\nparty in securing a contract or with such party’s obligations thereunder,\nshall not incur liability for such actions except in the case of gross\nnegligence or willful misconduct. A licensee does not create a brokerage\nrelationship by providing such assistance or information to the other party to\nthe transaction. A licensee dealing with a client of a limited service agent may\nenter into an agreement with that party for payment of a fee for services\nperformed or information provided by that licensee. Such payment shall not\ncreate a brokerage relationship; however, the licensee providing such services\nor information for a fee shall be held to the ordinary standard of care in the\nprovision of such services or information.\n\nHISTORY: 2006, c. 627; 2012, 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}}