{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2139.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2139.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2139.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2139.html"}],"law_id":85995,"edition_id":1,"section_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","history":"1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2025, cc. 479, 495.","full_text":"A\n\nA licensee may not act as a dual agent or dual representative in a residential real estate transaction unless he has first obtained the written consent of all parties to the transaction given after written disclosure of the consequences of such dual agency or dual representation. A dual agent has an agency relationship under the brokerage agreements with the clients. A dual representative has an independent contractor relationship under the brokerage agreements with the clients. Such disclosure shall be in writing and given to both parties prior to the commencement of such dual agency or dual representation.B\n\nIf the licensee is currently representing a party as an agent or independent contractor representative and that party desires to engage in a real estate transaction with another existing client represented by the licensee, the licensee may engage in dual representation provided that prior to commencement thereof the disclosure required by this section is given to both of the licensee’s existing clients.C\n\nIf the licensee is currently representing a party as an agent or independent contractor representative and the licensee proposes to represent a new client in a dual representation, the licensee may only engage in such dual representation if prior to commencement thereof, the disclosure required by this section is given to the licensee’s one existing client and one new client.D\n\nSuch disclosures shall not be deemed to comply with the requirements in this section if (i) not signed by the client or (ii) given in a purchase agreement, lease, or any other document related to a transaction. However, such written consent and disclosure of the brokerage relationship as required by this article shall be presumed to have been given as against any client who signs a disclosure as required in this section.E\n\nThe obligation to make the disclosures required by this section shall not relieve the licensee of the obligations set out in subsection C of § 54.1-2137 requiring all brokerage relationships to be set out in a written agreement between the licensee and the client.F\n\nNo cause of action shall arise against a dual agent or dual representative for making disclosures of brokerage relationships as provided by this article. A dual agent or dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual agency or dual representation.G\n\nIn any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual agency or dual representation hereby terminating the brokerage relationship with such client. Such withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual agency or dual representation in other transactions not involving the dual agency or dual representation.H\n\nThe dual agency or dual representation disclosure in a residential transaction shall contain the following provisions and disclosure that substantially complies with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF DUAL AGENCY OR DUAL REPRESENTATION 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 ____________________ (Brokerage Firm) represents more than one party in this residential real estate transaction as follows:A\n\nBrokerage Firm represents the following party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractor\n\t\t\tBrokerage Firm represents another party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractorB\n\nBrokerage Firm disclosure and client acknowledgement of the following (select one):\n\t\t\t[ ] Brokerage Firm represents two existing clients in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand that the foregoing dual agent or dual representative may not disclose to either client any information that has been given to the dual agent or representative by the other client within the confidence and trust of the brokerage relationship except for that information which is otherwise required or permitted by Article 3 (\u00a7 54.1-2130 et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia to be disclosed.\n\t\t\t[ ] Brokerage Firm represents one existing client and one new client in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand:1\n\nThat following the commencement of dual agency or representation, the licensee cannot advise either party as to the terms to offer or accept in any offer or counteroffer; however, the licensee may have advised one party as to such terms prior to the commencement of dual agency or representation;2\n\nThat the licensee cannot advise the buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law of any licensee representing a seller), and cannot advise either party as to what repairs of the property to make or request;3\n\nThat the licensee cannot advise either party in any dispute that arises relating to the transaction;4\n\nThat the licensee may be acting without knowledge of the client’s needs, client’s knowledge of the market, or client’s capabilities in dealing with the intricacies of real estate transactions; and5\n\nThat either party may engage another licensee at additional cost to represent their respective interests.\n\t\t\t\tThe undersigned by signing this notice do hereby acknowledge their informed consent to the disclosed dual representation by the licensee.\n\t\t\t\t____________ _______________________\n\t\t\t\tDate Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)","order_by":null,"text":{"0":{"id":307981,"text":"A licensee may not act as a dual agent or dual representative in a residential real estate transaction unless he has first obtained the written consent of all parties to the transaction given after written disclosure of the consequences of such dual agency or dual representation. A dual agent has an agency relationship under the brokerage agreements with the clients. A dual representative has an independent contractor relationship under the brokerage agreements with the clients. Such disclosure shall be in writing and given to both parties prior to the commencement of such dual agency or dual representation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307982,"text":"If the licensee is currently representing a party as an agent or independent contractor representative and that party desires to engage in a real estate transaction with another existing client represented by the licensee, the licensee may engage in dual representation provided that prior to commencement thereof the disclosure required by this section is given to both of the licensee’s existing clients.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":307983,"text":"If the licensee is currently representing a party as an agent or independent contractor representative and the licensee proposes to represent a new client in a dual representation, the licensee may only engage in such dual representation if prior to commencement thereof, the disclosure required by this section is given to the licensee’s one existing client and one new client.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":307984,"text":"Such disclosures shall not be deemed to comply with the requirements in this section if (i) not signed by the client or (ii) given in a purchase agreement, lease, or any other document related to a transaction. However, such written consent and disclosure of the brokerage relationship as required by this article shall be presumed to have been given as against any client who signs a disclosure as required in this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":307985,"text":"The obligation to make the disclosures required by this section shall not relieve the licensee of the obligations set out in subsection C of § 54.1-2137 requiring all brokerage relationships to be set out in a written agreement between the licensee and the client.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":307986,"text":"No cause of action shall arise against a dual agent or dual representative for making disclosures of brokerage relationships as provided by this article. A dual agent or dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual agency or dual representation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":307987,"text":"In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual agency or dual representation hereby terminating the brokerage relationship with such client. Such withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual agency or dual representation in other transactions not involving the dual agency or dual representation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":307988,"text":"The dual agency or dual representation disclosure in a residential transaction shall contain the following provisions and disclosure that substantially complies with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF DUAL AGENCY OR DUAL REPRESENTATION 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 ____________________ (Brokerage Firm) represents more than one party in this residential real estate transaction as follows:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"A"},"8":{"id":307989,"text":"Brokerage Firm represents the following party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractor\n\t\t\tBrokerage Firm represents another party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractor","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"H","next_prefix":"B"},"9":{"id":307990,"text":"Brokerage Firm disclosure and client acknowledgement of the following (select one):\n\t\t\t[ ] Brokerage Firm represents two existing clients in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand that the foregoing dual agent or dual representative may not disclose to either client any information that has been given to the dual agent or representative by the other client within the confidence and trust of the brokerage relationship except for that information which is otherwise required or permitted by Article 3 (\u00a7 54.1-2130 et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia to be disclosed.\n\t\t\t[ ] Brokerage Firm represents one existing client and one new client in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"10":{"id":307991,"text":"That following the commencement of dual agency or representation, the licensee cannot advise either party as to the terms to offer or accept in any offer or counteroffer; however, the licensee may have advised one party as to such terms prior to the commencement of dual agency or representation;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":307992,"text":"That the licensee cannot advise the buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law of any licensee representing a seller), and cannot advise either party as to what repairs of the property to make or request;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"12":{"id":307993,"text":"That the licensee cannot advise either party in any dispute that arises relating to the transaction;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"13":{"id":307994,"text":"That the licensee may be acting without knowledge of the client’s needs, client’s knowledge of the market, or client’s capabilities in dealing with the intricacies of real estate transactions; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"14":{"id":307995,"text":"That either party may engage another licensee at additional cost to represent their respective interests.\n\t\t\t\tThe undersigned by signing this notice do hereby acknowledge their informed consent to the disclosed dual representation by the licensee.\n\t\t\t\t____________ _______________________\n\t\t\t\tDate Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)\n\t\t\t\t____________ _______________________Date Name (One Party)","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2139\/","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 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 2011, chapter 461<\/a>; in 2012, chapter 750<\/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":55353,"section_number":"54.1-2130","catch_line":"Definitions","order_by":null,"url":"\/54.1-2130\/"},{"id":71178,"section_number":"54.1-2137","catch_line":"Commencement and termination of brokerage relationships; brokerage agreements required","order_by":null,"url":"\/54.1-2137\/"}],"permalink":{"id":240099,"object_type":"law","relational_id":85995,"identifier":"54.1-2139","token":"54.1\/II\/21\/3\/54.1-2139","url":"\/54.1-2139\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2139\/","token":"54.1\/II\/21\/3\/54.1-2139","dublin_core":{"Title":"Disclosed dual agency and dual representation authorized in a residential real estate transaction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2139","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A licensee<\/span> may not act as a dual agent<\/span> or dual representative<\/span> in a residential real estate<\/span> transaction unless he has first obtained the written consent of all parties to the transaction given after written disclosure of the consequences of such dual agency<\/span> or dual representation. A dual agent<\/span> has an agency<\/span> relationship under the brokerage agreements<\/span> with the clients<\/span>. A dual representative<\/span> has an independent contractor<\/span> relationship under the brokerage agreements<\/span> with the clients<\/span>. Such disclosure shall be in writing and given to both parties prior to the commencement of such dual agency<\/span> or dual representation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the licensee<\/span> is currently representing a party<\/span> as an agent or independent contractor<\/span> representative and that party<\/span> desires to engage in a real estate transaction with another existing client<\/span> represented by the licensee<\/span>, the licensee<\/span> may engage in dual representation provided that prior to commencement thereof the disclosure required by this section is given to both of the licensee<\/span>’s existing clients<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the licensee<\/span> is currently representing a party<\/span> as an agent or independent contractor<\/span> representative and the licensee<\/span> proposes to represent a new client<\/span> in a dual representation, the licensee<\/span> may only engage in such dual representation if prior to commencement thereof, the disclosure required by this section is given to the licensee<\/span>’s one existing client<\/span> and one new client<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Such disclosures shall not be deemed to comply with the requirements in this section if (i) not signed by the client<\/span> or (ii) given in a purchase agreement, lease, or any other document related to a transaction. However, such written consent and disclosure of the brokerage relationship<\/span> as required by this article shall be presumed to have been given as against any client<\/span> who signs a disclosure as required in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The obligation to make the disclosures required by this section shall not relieve the licensee<\/span> of the obligations set out in subsection C of § 54.1-2137<\/a> requiring all brokerage relationships<\/span> to be set out in a written agreement between the licensee<\/span> and the client<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No cause of action<\/span> shall arise against a dual agent<\/span> or dual representative<\/span> for making disclosures of brokerage relationships<\/span> as provided by this article. A dual agent<\/span> or dual representative<\/span> does not terminate any brokerage relationship<\/span> by the making of any such allowed or required disclosures of dual agency<\/span> or dual representation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In any real estate transaction, a licensee<\/span> may withdraw, without liability, from representing a client<\/span> who refuses to consent to a disclosed dual agency<\/span> or dual representation hereby terminating the brokerage relationship<\/span> with such client<\/span>. Such withdrawal shall not prejudice the ability of the licensee<\/span> to continue to represent the other client<\/span> in the transaction nor to limit the licensee<\/span> from representing the client<\/span> who refused the dual agency<\/span> or dual representation in other transactions not involving the dual agency<\/span> or dual representation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The dual agency<\/span> or dual representation disclosure in a residential transaction shall contain the following provisions and disclosure that substantially complies with the following shall be deemed in compliance with this disclosure requirement:\n\t\t\tDISCLOSURE OF DUAL AGENCY<\/span> OR DUAL REPRESENTATION 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 ____________________ (Brokerage Firm) represents more than one party<\/span> in this residential real estate<\/span> transaction as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Brokerage Firm represents the following party<\/span> (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent<\/span> [ ] limited service agent<\/span> [ ] independent contractor<\/span>\n\t\t\tBrokerage Firm represents another party<\/span> (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent<\/span> [ ] limited service agent<\/span> [ ] independent contractor<\/span> <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Brokerage Firm disclosure and client<\/span> acknowledgement of the following (select one):\n\t\t\t[ ] Brokerage Firm represents two existing clients<\/span> in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand that the foregoing dual agent<\/span> or dual representative<\/span> may not disclose to either client<\/span> any information that has been given to the dual agent<\/span> or representative by the other client<\/span> within the confidence and trust of the brokerage relationship<\/span> except for that information which is otherwise required or permitted by Article 3 (\u00a7 54.1-2130<\/a> et seq.) of Chapter 21 of Title 54.1 of the Code of Virginia to be disclosed.\n\t\t\t[ ] Brokerage Firm represents one existing client<\/span> and one new client<\/span> in the transaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That following the commencement of dual agency<\/span> or representation, the licensee<\/span> cannot advise either party<\/span> as to the terms to offer or accept in any offer or counteroffer; however, the licensee<\/span> may have advised one party<\/span> as to such terms prior to the commencement of dual agency<\/span> or representation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the licensee<\/span> cannot advise the buyer client<\/span> as to the suitability of the property, its condition (other than to make any disclosures as required by law<\/span> of any licensee<\/span> representing a seller), and cannot advise either party<\/span> as to what repairs of the property to make or request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the licensee<\/span> cannot advise either party<\/span> in any dispute that arises relating to the transaction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the licensee<\/span> may be acting without knowledge of the client<\/span>’s needs, client<\/span>’s knowledge of the market, or client<\/span>’s capabilities in dealing with the intricacies of real estate transactions; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> That either party<\/span> may engage another licensee<\/span> at additional cost to represent their respective interests.\n\t\t\t\tThe undersigned by signing this notice do hereby acknowledge their informed consent to the disclosed dual representation by the licensee<\/span>.\n\t\t\t\t____________ _______________________\n\t\t\t\tDate Name (One Party<\/span>)\n\t\t\t\t____________ _______________________Date Name (One Party<\/span>)\n\t\t\t\t____________ _______________________Date Name (One Party<\/span>)\n\t\t\t\t____________ _______________________Date Name (One Party<\/span>) <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLOSED DUAL AGENCY AND DUAL REPRESENTATION AUTHORIZED IN A RESIDENTIAL REAL\nESTATE TRANSACTION (\u00a7 54.1-2139)\n\nA. A licensee may not act as a dual agent or dual representative in a\nresidential real estate transaction unless he has first obtained the written\nconsent of all parties to the transaction given after written disclosure of the\nconsequences of such dual agency or dual representation. A dual agent has an\nagency relationship under the brokerage agreements with the clients. A dual\nrepresentative has an independent contractor relationship under the brokerage\nagreements with the clients. Such disclosure shall be in writing and given to\nboth parties prior to the commencement of such dual agency or dual\nrepresentation.\n\nB. If the licensee is currently representing a party as an agent or independent\ncontractor representative and that party desires to engage in a real estate\ntransaction with another existing client represented by the licensee, the\nlicensee may engage in dual representation provided that prior to commencement\nthereof the disclosure required by this section is given to both of the\nlicensee’s existing clients.\n\nC. If the licensee is currently representing a party as an agent or independent\ncontractor representative and the licensee proposes to represent a new client in\na dual representation, the licensee may only engage in such dual representation\nif prior to commencement thereof, the disclosure required by this section is\ngiven to the licensee’s one existing client and one new client.\n\nD. Such disclosures shall not be deemed to comply with the requirements in this\nsection if (i) not signed by the client or (ii) given in a purchase agreement,\nlease, or any other document related to a transaction. However, such written\nconsent and disclosure of the brokerage relationship as required by this article\nshall be presumed to have been given as against any client who signs a\ndisclosure as required in this section.\n\nE. The obligation to make the disclosures required by this section shall not\nrelieve the licensee of the obligations set out in subsection C of §\n54.1-2137 requiring all brokerage relationships to be set out in a written\nagreement between the licensee and the client.\n\nF. No cause of action shall arise against a dual agent or dual representative\nfor making disclosures of brokerage relationships as provided by this article. A\ndual agent or dual representative does not terminate any brokerage relationship\nby the making of any such allowed or required disclosures of dual agency or dual\nrepresentation.\n\nG. In any real estate transaction, a licensee may withdraw, without liability,\nfrom representing a client who refuses to consent to a disclosed dual agency or\ndual representation hereby terminating the brokerage relationship with such\nclient. Such withdrawal shall not prejudice the ability of the licensee to\ncontinue to represent the other client in the transaction nor to limit the\nlicensee from representing the client who refused the dual agency or dual\nrepresentation in other transactions not involving the dual agency or dual\nrepresentation.\n\nH. The dual agency or dual representation disclosure in a residential\ntransaction shall contain the following provisions and disclosure that\nsubstantially complies with the following shall be deemed in compliance with\nthis disclosure requirement:\n\t\t\tDISCLOSURE OF DUAL AGENCY OR DUAL REPRESENTATION IN A RESIDENTIAL REAL ESTATE\nTRANSACTION\n\t\t\tThe undersigned do hereby acknowledge disclosure that:\n\t\t\tThe licensee ___________________ (name of broker or salesperson) associated\nwith ____________________ (Brokerage Firm) represents more than one party in\nthis residential real estate transaction as follows:\n\nA. Brokerage Firm represents the following party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractor\n\t\t\tBrokerage Firm represents another party (select one):\n\t\t\t[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)\n\t\t\tAs a (select one):\n\t\t\t[ ] standard agent [ ] limited service agent [ ] independent contractor\n\nB. Brokerage Firm disclosure and client acknowledgement of the following (select\none):\n\t\t\t[ ] Brokerage Firm represents two existing clients in the transaction and the\nundersigned acknowledge the following:\n\t\t\tThe undersigned understand that the foregoing dual agent or dual\nrepresentative may not disclose to either client any information that has been\ngiven to the dual agent or representative by the other client within the\nconfidence and trust of the brokerage relationship except for that information\nwhich is otherwise required or permitted by Article 3 (\u00a7 54.1-2130 et seq.) of\nChapter 21 of Title 54.1 of the Code of Virginia to be disclosed.\n\t\t\t[ ] Brokerage Firm represents one existing client and one new client in the\ntransaction and the undersigned acknowledge the following:\n\t\t\tThe undersigned understand:\n\n 1. That following the commencement of dual agency or representation, the\n licensee cannot advise either party as to the terms to offer or accept in any\n offer or counteroffer; however, the licensee may have advised one party as to\n such terms prior to the commencement of dual agency or representation;\n\n 2. That the licensee cannot advise the buyer client as to the suitability of\n the property, its condition (other than to make any disclosures as required by\n law of any licensee representing a seller), and cannot advise either party as\n to what repairs of the property to make or request;\n\n 3. That the licensee cannot advise either party in any dispute that arises\n relating to the transaction;\n\n 4. That the licensee may be acting without knowledge of the client’s\n needs, client’s knowledge of the market, or client’s capabilities\n in dealing with the intricacies of real estate transactions; and\n\n 5. That either party may engage another licensee at additional cost to\n represent their respective interests.\n \t\t\t\tThe undersigned by signing this notice do hereby acknowledge their\n informed consent to the disclosed dual representation by the licensee.\n \t\t\t\t____________ _______________________\n \t\t\t\tDate Name (One Party)\n \t\t\t\t____________ _______________________Date Name (One\n Party)\n \t\t\t\t____________ _______________________Date Name (One\n Party)\n \t\t\t\t____________ _______________________Date Name (One\n Party)\n\nHISTORY: 1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 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}}