{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1003.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1003.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1003.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1003.html"}],"law_id":77232,"edition_id":1,"section_id":77232,"structure_id":15275,"section_number":"55.1-1003","catch_line":"Persons who may act as a settlement agent","history":"1997, c. 716, \u00a7 6.1-2.21; 1998, c. 69; 2000, c. 549; 2002, c. 464; 2007, c. 898; 2008, c. 92; 2010, c. 794, \u00a7 55-525.19; 2019, c. 712.","full_text":"A\n\nA person shall not act in the capacity of a settlement agent, and a lender, seller, purchaser or borrower may not contract with any person to act in the capacity of a settlement agent, with respect to real estate settlements in the Commonwealth unless the person has not been convicted of a felony, unless such person has had his civil rights restored by the Governor or been granted a writ of actual innocence, and is either:1\n\nLicensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1;2\n\nLicensed as a title insurance company under Title 38.2;3\n\nLicensed as a title insurance agent under Title 38.2 and is appointed by a title insurance company licensed in the Commonwealth pursuant to Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;4\n\nLicensed as a real estate broker under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;5\n\nA financial institution authorized to do business in the Commonwealth under any of the provisions of Title 6.2 or under federal law; or6\n\nA subsidiary or affiliate of a financial institution described in subdivision 5.\n\t\t\t\tAny person described in subdivisions 1 through 6 not acting in the capacity of a settlement agent shall not be subject to the provisions of this chapter.B\n\nNotwithstanding any rule of court to the contrary, a settlement agent operating in compliance with the requirements of this chapter or a party to the real estate transaction may provide escrow, closing, or settlement services and receive compensation for such services.","order_by":null,"text":{"0":{"id":277049,"text":"A person shall not act in the capacity of a settlement agent, and a lender, seller, purchaser or borrower may not contract with any person to act in the capacity of a settlement agent, with respect to real estate settlements in the Commonwealth unless the person has not been convicted of a felony, unless such person has had his civil rights restored by the Governor or been granted a writ of actual innocence, and is either:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":277050,"text":"Licensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":277051,"text":"Licensed as a title insurance company under Title 38.2;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":277052,"text":"Licensed as a title insurance agent under Title 38.2 and is appointed by a title insurance company licensed in the Commonwealth pursuant to Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":277053,"text":"Licensed as a real estate broker under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":277054,"text":"A financial institution authorized to do business in the Commonwealth under any of the provisions of Title 6.2 or under federal law; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":277055,"text":"A subsidiary or affiliate of a financial institution described in subdivision 5.\n\t\t\t\tAny person described in subdivisions 1 through 6 not acting in the capacity of a settlement agent shall not be subject to the provisions of this chapter.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":277056,"text":"Notwithstanding any rule of court to the contrary, a settlement agent operating in compliance with the requirements of this chapter or a party to the real estate transaction may provide escrow, closing, or settlement services and receive compensation for such services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6"}},"ancestry":[{"id":15275,"edition_id":1,"name":"Real Estate Settlement Agents","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":13524,"metadata":{},"date_created":"2026-06-26 03:53:31","date_modified":"2026-06-26 03:53:31","permalink":{"id":245371,"object_type":"structure","relational_id":15275,"identifier":"10","token":"55.1\/II\/10","url":"\/55.1\/II\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13524,"edition_id":1,"name":"Real Estate Settlements and Recordation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:45:07","date_modified":"2026-06-26 03:45:07","permalink":{"id":245369,"object_type":"structure","relational_id":13524,"identifier":"II","token":"55.1\/II","url":"\/55.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80642,"structure_id":15275,"section_number":"55.1-1000","catch_line":"Definitions","url":"\/55.1-1000\/","token":"55.1\/II\/10\/55.1-1000","metadata":false},{"id":83132,"structure_id":15275,"section_number":"55.1-1001","catch_line":"Limitation on applicability of chapter","url":"\/55.1-1001\/","token":"55.1\/II\/10\/55.1-1001","metadata":false},{"id":79138,"structure_id":15275,"section_number":"55.1-1002","catch_line":"Scope of chapter; lay real estate settlement agents","url":"\/55.1-1002\/","token":"55.1\/II\/10\/55.1-1002","metadata":false},{"id":77232,"structure_id":15275,"section_number":"55.1-1003","catch_line":"Persons who may act as a settlement agent","url":"\/55.1-1003\/","token":"55.1\/II\/10\/55.1-1003","metadata":false},{"id":68373,"structure_id":15275,"section_number":"55.1-1004","catch_line":"Duties of settlement agents","url":"\/55.1-1004\/","token":"55.1\/II\/10\/55.1-1004","metadata":false},{"id":69907,"structure_id":15275,"section_number":"55.1-1005","catch_line":"Persons prohibited from assisting or being employed by settlement agents","url":"\/55.1-1005\/","token":"55.1\/II\/10\/55.1-1005","metadata":false},{"id":73624,"structure_id":15275,"section_number":"55.1-1006","catch_line":"Choice of settlement agent","url":"\/55.1-1006\/","token":"55.1\/II\/10\/55.1-1006","metadata":false},{"id":58611,"structure_id":15275,"section_number":"55.1-1007","catch_line":"Disclosure","url":"\/55.1-1007\/","token":"55.1\/II\/10\/55.1-1007","metadata":false},{"id":58141,"structure_id":15275,"section_number":"55.1-1008","catch_line":"Conditions for providing escrow, closing, or settlement services and for maintaining escrow accounts","url":"\/55.1-1008\/","token":"55.1\/II\/10\/55.1-1008","metadata":false},{"id":82868,"structure_id":15275,"section_number":"55.1-1009","catch_line":"Falsifying settlement statements prohibited","url":"\/55.1-1009\/","token":"55.1\/II\/10\/55.1-1009","metadata":false},{"id":72074,"structure_id":15275,"section_number":"55.1-1009.1","catch_line":"Prohibition against payment or receipt of settlement services kickbacks, rebates, commissions, and other payments","url":"\/55.1-1009.1\/","token":"55.1\/II\/10\/55.1-1009.1","metadata":false},{"id":69513,"structure_id":15275,"section_number":"55.1-1010","catch_line":"Separate charge for reporting transactions limited","url":"\/55.1-1010\/","token":"55.1\/II\/10\/55.1-1010","metadata":false},{"id":84855,"structure_id":15275,"section_number":"55.1-1011","catch_line":"Record retention requirements","url":"\/55.1-1011\/","token":"55.1\/II\/10\/55.1-1011","metadata":false},{"id":71946,"structure_id":15275,"section_number":"55.1-1012","catch_line":"Regulations and orders","url":"\/55.1-1012\/","token":"55.1\/II\/10\/55.1-1012","metadata":false},{"id":59279,"structure_id":15275,"section_number":"55.1-1013","catch_line":"Accounting by title insurance companies","url":"\/55.1-1013\/","token":"55.1\/II\/10\/55.1-1013","metadata":false},{"id":70071,"structure_id":15275,"section_number":"55.1-1014","catch_line":"Settlement agent registration requirements and compliance with unauthorized practice of law guidelines; civil penalty","url":"\/55.1-1014\/","token":"55.1\/II\/10\/55.1-1014","metadata":false},{"id":65576,"structure_id":15275,"section_number":"55.1-1015","catch_line":"Penalties and liabilities","url":"\/55.1-1015\/","token":"55.1\/II\/10\/55.1-1015","metadata":false},{"id":69153,"structure_id":15275,"section_number":"55.1-1015.1","catch_line":"Civil penalties; attorney fees","url":"\/55.1-1015.1\/","token":"55.1\/II\/10\/55.1-1015.1","metadata":false},{"id":79216,"structure_id":15275,"section_number":"55.1-1016","catch_line":"Confidentiality of information obtained by the Commission","url":"\/55.1-1016\/","token":"55.1\/II\/10\/55.1-1016","metadata":false}],"previous_section":{"id":79138,"structure_id":15275,"section_number":"55.1-1002","catch_line":"Scope of chapter; lay real estate settlement agents","url":"\/55.1-1002\/","token":"55.1\/II\/10\/55.1-1002","metadata":false},"next_section":{"id":68373,"structure_id":15275,"section_number":"55.1-1004","catch_line":"Duties of settlement agents","url":"\/55.1-1004\/","token":"55.1\/II\/10\/55.1-1004","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1003\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 716<\/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 7 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 1998, chapter 69<\/a>; in 2000, chapter 549<\/a>; in 2002, chapter 464<\/a>; in 2007, chapter 898<\/a>; in 2008, chapter 92<\/a>; in 2010, chapter 794<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":84359,"section_number":"38.2-1869","catch_line":"Failure to satisfy requirements; termination of license","order_by":null,"url":"\/38.2-1869\/"},{"id":79138,"section_number":"55.1-1002","catch_line":"Scope of chapter; lay real estate settlement agents","order_by":null,"url":"\/55.1-1002\/"},{"id":68373,"section_number":"55.1-1004","catch_line":"Duties of settlement agents","order_by":null,"url":"\/55.1-1004\/"},{"id":70071,"section_number":"55.1-1014","catch_line":"Settlement agent registration requirements and compliance with unauthorized practice of law guidelines; civil penalty","order_by":null,"url":"\/55.1-1014\/"}],"refers_to":[{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":74059,"section_number":"54.1-2100","catch_line":"Definitions","order_by":null,"url":"\/54.1-2100\/"},{"id":73725,"section_number":"54.1-3900","catch_line":"Practice of law; student internship program; definition","order_by":null,"url":"\/54.1-3900\/"}],"permalink":{"id":245385,"object_type":"law","relational_id":77232,"identifier":"55.1-1003","token":"55.1\/II\/10\/55.1-1003","url":"\/55.1-1003\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1003\/","token":"55.1\/II\/10\/55.1-1003","dublin_core":{"Title":"Persons who may act as a settlement agent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1003","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person shall not act in the capacity of a settlement agent<\/span>, and a lender, seller, purchaser or borrower may not contract<\/span> with any person to act in the capacity of a settlement agent<\/span>, with respect to real estate settlements<\/span> in the Commonwealth unless the person has not been convicted of a felony<\/span>, unless such person has had his civil rights restored by the Governor or been granted a writ<\/span> of actual innocence, and is either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Licensed as an attorney under Chapter 39 (§ 54.1-3900<\/a> et seq.) of Title 54.1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Licensed as a title insurance company under Title 38.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Licensed as a title insurance agent under Title 38.2 and is appointed by a title insurance company licensed in the Commonwealth pursuant to Chapter 18 (§ 38.2-1800<\/a> et seq.) of Title 38.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Licensed as a real estate broker under Chapter 21 (§ 54.1-2100<\/a> et seq.) of Title 54.1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A financial institution authorized to do business in the Commonwealth under any of the provisions of Title 6.2 or under federal law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A subsidiary or affiliate of a financial institution described in subdivision 5.\n\t\t\t\tAny person described in subdivisions 1 through 6 not acting in the capacity of a settlement agent<\/span> shall not be subject to the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any rule of court<\/span> to the contrary, a settlement agent<\/span> operating in compliance with the requirements of this chapter or a party<\/span> to the real estate transaction may provide escrow<\/span>, closing, or settlement services<\/span> and receive compensation for such services. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONS WHO MAY ACT AS A SETTLEMENT AGENT (\u00a7 55.1-1003)\n\nA. A person shall not act in the capacity of a settlement agent, and a lender,\nseller, purchaser or borrower may not contract with any person to act in the\ncapacity of a settlement agent, with respect to real estate settlements in the\nCommonwealth unless the person has not been convicted of a felony, unless such\nperson has had his civil rights restored by the Governor or been granted a writ\nof actual innocence, and is either:\n\n 1. Licensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of\n Title 54.1;\n\n 2. Licensed as a title insurance company under Title 38.2;\n\n 3. Licensed as a title insurance agent under Title 38.2 and is appointed by a\n title insurance company licensed in the Commonwealth pursuant to Chapter 18\n (§ 38.2-1800 et seq.) of Title 38.2;\n\n 4. Licensed as a real estate broker under Chapter 21 (§ 54.1-2100 et\n seq.) of Title 54.1;\n\n 5. A financial institution authorized to do business in the Commonwealth under\n any of the provisions of Title 6.2 or under federal law; or\n\n 6. A subsidiary or affiliate of a financial institution described in\n subdivision 5.\n \t\t\t\tAny person described in subdivisions 1 through 6 not acting in the\n capacity of a settlement agent shall not be subject to the provisions of this\n chapter.\n\nB. Notwithstanding any rule of court to the contrary, a settlement agent\noperating in compliance with the requirements of this chapter or a party to the\nreal estate transaction may provide escrow, closing, or settlement services and\nreceive compensation for such services.\n\nHISTORY: 1997, c. 716, \u00a7 6.1-2.21; 1998, c. 69; 2000, c. 549; 2002, c. 464;\n2007, c. 898; 2008, c. 92; 2010, c. 794, \u00a7 55-525.19; 2019, c. 712.","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}}