{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2138.html"}],"law_id":55998,"edition_id":1,"section_id":55998,"structure_id":14179,"section_number":"54.1-2138","catch_line":"Disclosure of brokerage relationship in residential real estate transactions","history":"1995, cc. 741, 813; 1997, cc. 86, 119; 2006, c. 627; 2012, c. 750; 2016, c. 334.","full_text":"A\n\nUpon having a substantive discussion about a specific property or properties in a residential real estate transaction with an actual or prospective buyer or seller who is not the client of the licensee and who is not represented by another licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. Further, except as provided in § 54.1-2139 or 54.1-2139.1, such disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure must be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF BROKERAGE RELATIONSHIP IN A RESIDENTIAL REAL ESTATE TRANSACTION\n\t\t\tThe undersigned do hereby acknowledge disclosure that:\n\t\t\tThe licensee…………………… (name of broker or salesperson) associated with…………………….…(Name of Brokerage Firm) represents the following party in a residential real estate transaction:\n\t\t\t….… Seller(s) or ….… Buyer(s)\n\t\t\t….… Landlord(s) or ….… Tenant(s)\n\t\t\t…………….… ……………………..…\n\t\t\tDate Name\n\t\t\t…………….… ……………………..…\n\t\t\tDate NameB\n\nA licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee and who is not represented by another licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. Such disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, disclosure shall be made in writing no later than the signing of the lease. Such disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than two months.C\n\nIf a licensee’s relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.D\n\nCopies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of three years as proof of having made such disclosure, whether or not such disclosure is acknowledged in writing by the party to whom such disclosure was shown or given.E\n\nA limited service agent shall also make the disclosure required by § 54.1-2138.1.","order_by":null,"text":{"0":{"id":205187,"text":"Upon having a substantive discussion about a specific property or properties in a residential real estate transaction with an actual or prospective buyer or seller who is not the client of the licensee and who is not represented by another licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. Further, except as provided in § 54.1-2139 or 54.1-2139.1, such disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure must be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF BROKERAGE RELATIONSHIP IN A RESIDENTIAL REAL ESTATE TRANSACTION\n\t\t\tThe undersigned do hereby acknowledge disclosure that:\n\t\t\tThe licensee…………………… (name of broker or salesperson) associated with…………………….…(Name of Brokerage Firm) represents the following party in a residential real estate transaction:\n\t\t\t….… Seller(s) or ….… Buyer(s)\n\t\t\t….… Landlord(s) or ….… Tenant(s)\n\t\t\t…………….… ……………………..…\n\t\t\tDate Name\n\t\t\t…………….… ……………………..…\n\t\t\tDate Name","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205188,"text":"A licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee and who is not represented by another licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. Such disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, disclosure shall be made in writing no later than the signing of the lease. Such disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than two months.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":205189,"text":"If a licensee’s relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":205190,"text":"Copies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of three years as proof of having made such disclosure, whether or not such disclosure is acknowledged in writing by the party to whom such disclosure was shown or given.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":205191,"text":"A limited service agent shall also make the disclosure required by § 54.1-2138.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_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","url":"\/54.1-2138.1\/","token":"54.1\/II\/21\/3\/54.1-2138.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2138\/","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 1997, chapters 86<\/a> and 119<\/a>; in 2006, chapter 627<\/a>; in 2012, chapter 750<\/a>; in 2016, chapter 334<\/a>.<\/p>","references":false,"refers_to":[{"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\/"},{"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":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\/"}],"permalink":{"id":240087,"object_type":"law","relational_id":55998,"identifier":"54.1-2138","token":"54.1\/II\/21\/3\/54.1-2138","url":"\/54.1-2138\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2138\/","token":"54.1\/II\/21\/3\/54.1-2138","dublin_core":{"Title":"Disclosure of brokerage relationship in residential real estate transactions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon having a substantive discussion about a specific property or properties in a residential real estate<\/span> transaction with an actual or prospective buyer or seller who is not the client<\/span> of the licensee<\/span> and who is not represented by another licensee<\/span>, a licensee<\/span> shall disclose any broker relationship the licensee<\/span> has with another party<\/span> to the transaction. Further, except as provided in § 54.1-2139<\/a> or 54.1-2139.1<\/a>, such disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure must be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF BROKERAGE RELATIONSHIP<\/span> IN A RESIDENTIAL REAL ESTATE<\/span> TRANSACTION\n\t\t\tThe undersigned do hereby acknowledge disclosure that:\n\t\t\tThe licensee<\/span>…………………… (name of broker or salesperson) associated with…………………….…(Name of Brokerage Firm) represents the following party<\/span> in a residential real estate<\/span> transaction:\n\t\t\t….… Seller(s) or ….… Buyer(s)\n\t\t\t….… Landlord(s) or ….… Tenant(s)\n\t\t\t…………….… ……………………..…\n\t\t\tDate Name\n\t\t\t…………….… ……………………..…\n\t\t\tDate Name <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A licensee<\/span> shall disclose to an actual or prospective landlord or tenant, who is not the client<\/span> of the licensee<\/span> and who is not represented by another licensee<\/span>, that the licensee<\/span> has a brokerage relationship<\/span> with another party<\/span> or parties to the transaction. Such disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for such disclosure, disclosure shall be made in writing no later than the signing of the lease. Such disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than two months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a licensee<\/span>’s relationship to a client<\/span> or customer<\/span> changes, the licensee<\/span> shall disclose that fact<\/span> in writing to all clients<\/span> and customers<\/span> already involved in the specific contemplated transaction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Copies of any disclosures relative to fully executed purchase contracts<\/span> shall be kept by the licensee<\/span> for a period of three years as proof of having made such disclosure, whether or not such disclosure is acknowledged in writing by the party<\/span> to whom such disclosure was shown or given. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A limited service agent<\/span> shall also make the disclosure required by § 54.1-2138.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLOSURE OF BROKERAGE RELATIONSHIP IN RESIDENTIAL REAL ESTATE TRANSACTIONS (\u00a7\n54.1-2138)\n\nA. Upon having a substantive discussion about a specific property or properties\nin a residential real estate transaction with an actual or prospective buyer or\nseller who is not the client of the licensee and who is not represented by\nanother licensee, a licensee shall disclose any broker relationship the licensee\nhas with another party to the transaction. Further, except as provided in §\n54.1-2139 or 54.1-2139.1, such disclosure shall be made in writing at the\nearliest practical time, but in no event later than the time when specific real\nestate assistance is first provided. Such disclosure may be given in combination\nwith other disclosures or provided with other information, but if so, the\ndisclosure must be conspicuous, printed in bold lettering, all capitals,\nunderlined, or within a separate box. Any disclosure which complies\nsubstantially in effect with the following shall be deemed in compliance with\nthis disclosure requirement:\n\t\t\tDISCLOSURE OF BROKERAGE RELATIONSHIP IN A RESIDENTIAL REAL ESTATE TRANSACTION\n\t\t\tThe undersigned do hereby acknowledge disclosure that:\n\t\t\tThe licensee…………………… (name\nof broker or salesperson) associated\nwith…………………….…(Name of\nBrokerage Firm) represents the following party in a residential real estate\ntransaction:\n\t\t\t….… Seller(s) or ….… Buyer(s)\n\t\t\t….… Landlord(s) or ….… Tenant(s)\n\t\t\t…………….… \n……………………..…\n\t\t\tDate Name\n\t\t\t…………….… \n……………………..…\n\t\t\tDate Name\n\nB. A licensee shall disclose to an actual or prospective landlord or tenant, who\nis not the client of the licensee and who is not represented by another\nlicensee, that the licensee has a brokerage relationship with another party or\nparties to the transaction. Such disclosure shall be in writing and included in\nall applications for lease or in the lease itself, whichever occurs first. If\nthe terms of the lease do not provide for such disclosure, disclosure shall be\nmade in writing no later than the signing of the lease. Such disclosure\nrequirement shall not apply to lessors or lessees in single or multifamily\nresidential units for lease terms of less than two months.\n\nC. If a licensee’s relationship to a client or customer changes, the\nlicensee shall disclose that fact in writing to all clients and customers\nalready involved in the specific contemplated transaction.\n\nD. Copies of any disclosures relative to fully executed purchase contracts shall\nbe kept by the licensee for a period of three years as proof of having made such\ndisclosure, whether or not such disclosure is acknowledged in writing by the\nparty to whom such disclosure was shown or given.\n\nE. A limited service agent shall also make the disclosure required by §\n54.1-2138.1.\n\nHISTORY: 1995, cc. 741, 813; 1997, cc. 86, 119; 2006, c. 627; 2012, c. 750;\n2016, c. 334.","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}}