{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1008.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1008.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1008.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1008.html"}],"law_id":58141,"edition_id":1,"section_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","history":"1997, c. 716, \u00a7 6.1-2.23; 1998, c. 69; 2001, cc. 316, 512; 2010, c. 794, \u00a7 55-525.24; 2016, c. 619; 2019, c. 712.","full_text":"A\n\nAll funds deposited with the settlement agent in connection with an escrow, settlement, or closing shall be handled in a fiduciary capacity and submitted for collection to or deposited in a separate fiduciary trust account or accounts in a financial institution authorized to do business in the Commonwealth no later than the close of the second business day, in accordance with the following requirements:1\n\nThe funds shall be the property of the person entitled to them under the provisions of the escrow, settlement, or closing agreement and shall be segregated for each depository by escrow, settlement, or closing in the records of the settlement agent in a manner that permits the funds to be identified on an individual basis; and2\n\nThe funds shall be applied only in accordance with the terms of the individual instructions or agreements under which the funds were accepted.B\n\nFunds held in an escrow account shall be disbursed only pursuant to a written instruction or agreement specifying how and to whom such funds may be disbursed. Funds payable to persons other than the settlement agent shall be disbursed in accordance with \u00a7 55.1-903, except:1\n\nTitle insurance premiums payable to title insurers under § 38.2-1813 or to title insurance agents. Such title insurance premiums payable to title insurers and agents may be (i) held in the settlement agent’s settlement escrow account, identified and itemized by file name or file number, as a file with a balance; (ii) disbursed in the form of a check drawn upon the settlement escrow account payable to the title insurer or agent but maintained within the settlement file of the settlement agent; or (iii) transferred within two business days into a separate title insurance premium escrow account, which account shall be identified as such and be separate from the business or personal funds of the settlement agent. These transferred title insurance premium funds shall be itemized and identified within the separate title insurance premium escrow account. All title insurance premiums payable to title insurers by title insurance agents serving as settlement agents shall be paid in the ordinary course of business as required by subsection A of § 38.2-1813; and2\n\nEscrows held by the settlement agent pursuant to written instruction or agreement. A settlement statement or closing disclosure that has been signed by the seller and the purchaser or borrower shall be deemed sufficient to satisfy the requirement of this subsection.C\n\nA settlement agent may not retain any interest received on funds deposited in connection with any escrow, settlement, or closing. An attorney settlement agent shall maintain escrow accounts in accordance with applicable rules of the Virginia State Bar and the Supreme Court of Virginia.D\n\nNothing in this chapter shall be deemed to prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction, provided that all parties consent to such recordation.E\n\nAll settlement statements or closing disclosures for transactions related to real estate governed by this chapter shall be in writing and identify, by name and business address, the settlement agent.F\n\nNothing in this section is intended to amend, alter, or supersede other sections of this chapter, or the laws of the Commonwealth or the United States, regarding the duties and obligations of the settlement agent in maintaining escrow accounts.","order_by":null,"text":{"0":{"id":213013,"text":"All funds deposited with the settlement agent in connection with an escrow, settlement, or closing shall be handled in a fiduciary capacity and submitted for collection to or deposited in a separate fiduciary trust account or accounts in a financial institution authorized to do business in the Commonwealth no later than the close of the second business day, in accordance with the following requirements:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":213014,"text":"The funds shall be the property of the person entitled to them under the provisions of the escrow, settlement, or closing agreement and shall be segregated for each depository by escrow, settlement, or closing in the records of the settlement agent in a manner that permits the funds to be identified on an individual basis; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":213015,"text":"The funds shall be applied only in accordance with the terms of the individual instructions or agreements under which the funds were accepted.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":213016,"text":"Funds held in an escrow account shall be disbursed only pursuant to a written instruction or agreement specifying how and to whom such funds may be disbursed. Funds payable to persons other than the settlement agent shall be disbursed in accordance with \u00a7 55.1-903, except:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":213017,"text":"Title insurance premiums payable to title insurers under § 38.2-1813 or to title insurance agents. Such title insurance premiums payable to title insurers and agents may be (i) held in the settlement agent’s settlement escrow account, identified and itemized by file name or file number, as a file with a balance; (ii) disbursed in the form of a check drawn upon the settlement escrow account payable to the title insurer or agent but maintained within the settlement file of the settlement agent; or (iii) transferred within two business days into a separate title insurance premium escrow account, which account shall be identified as such and be separate from the business or personal funds of the settlement agent. These transferred title insurance premium funds shall be itemized and identified within the separate title insurance premium escrow account. All title insurance premiums payable to title insurers by title insurance agents serving as settlement agents shall be paid in the ordinary course of business as required by subsection A of § 38.2-1813; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":213018,"text":"Escrows held by the settlement agent pursuant to written instruction or agreement. A settlement statement or closing disclosure that has been signed by the seller and the purchaser or borrower shall be deemed sufficient to satisfy the requirement of this subsection.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":213019,"text":"A settlement agent may not retain any interest received on funds deposited in connection with any escrow, settlement, or closing. An attorney settlement agent shall maintain escrow accounts in accordance with applicable rules of the Virginia State Bar and the Supreme Court of Virginia.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":213020,"text":"Nothing in this chapter shall be deemed to prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction, provided that all parties consent to such recordation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":213021,"text":"All settlement statements or closing disclosures for transactions related to real estate governed by this chapter shall be in writing and identify, by name and business address, the settlement agent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":213022,"text":"Nothing in this section is intended to amend, alter, or supersede other sections of this chapter, or the laws of the Commonwealth or the United States, regarding the duties and obligations of the settlement agent in maintaining escrow accounts.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1008\/","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 5 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 2001, chapters 316<\/a> and 512<\/a>; in 2010, chapter 794<\/a>; in 2016, chapter 619<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":55233,"section_number":"38.2-1813","catch_line":"Reporting and accounting for premiums","order_by":null,"url":"\/38.2-1813\/"},{"id":67904,"section_number":"55.1-903","catch_line":"Duty of settlement agent","order_by":null,"url":"\/55.1-903\/"}],"permalink":{"id":245405,"object_type":"law","relational_id":58141,"identifier":"55.1-1008","token":"55.1\/II\/10\/55.1-1008","url":"\/55.1-1008\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1008\/","token":"55.1\/II\/10\/55.1-1008","dublin_core":{"Title":"Conditions for providing escrow, closing, or settlement services and for maintaining escrow accounts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1008","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All funds deposited with the settlement agent<\/span> in connection with an escrow<\/span>, settlement, or closing shall be handled in a fiduciary capacity and submitted for collection to or deposited in a separate fiduciary trust account or accounts in a financial institution authorized to do business in the Commonwealth no later than the close of the second business day, in accordance with the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The funds shall be the property of the person entitled to them under the provisions of the escrow<\/span>, settlement, or closing agreement and shall be segregated for each depository by escrow<\/span>, settlement, or closing in the records of the settlement agent<\/span> in a manner that permits the funds to be identified on an individual basis; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The funds shall be applied only in accordance with the terms of the individual instructions or agreements under which the funds were accepted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Funds held in an escrow<\/span> account shall be disbursed only pursuant to a written instruction or agreement specifying how and to whom such funds may be disbursed. Funds payable to persons other than the settlement agent<\/span> shall be disbursed in accordance with \u00a7 55.1-903<\/a>, except: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Title insurance premiums payable to title insurers under § 38.2-1813<\/a> or to title insurance agents. Such title insurance premiums payable to title insurers and agents may be (i) held in the settlement agent<\/span>’s settlement escrow<\/span> account, identified and itemized by file name or file number, as a file with a balance; (ii) disbursed in the form of a check drawn upon the settlement escrow<\/span> account payable to the title insurer or agent but maintained within the settlement file of the settlement agent<\/span>; or (iii) transferred within two business days into a separate title insurance premium escrow<\/span> account, which account shall be identified as such and be separate from the business or personal funds of the settlement agent<\/span>. These transferred title insurance premium funds shall be itemized and identified within the separate title insurance premium escrow<\/span> account. All title insurance premiums payable to title insurers by title insurance agents serving as settlement agents<\/span> shall be paid in the ordinary course of business as required by subsection A of § 38.2-1813<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Escrows<\/span> held by the settlement agent<\/span> pursuant to written instruction or agreement. A settlement statement<\/span> or closing disclosure<\/span> that has been signed by the seller and the purchaser or borrower shall be deemed sufficient to satisfy the requirement of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A settlement agent<\/span> may not retain any interest received on funds deposited in connection with any escrow<\/span>, settlement, or closing. An attorney settlement agent<\/span> shall maintain escrow<\/span> accounts in accordance with applicable rules of the Virginia State Bar and the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this chapter shall be deemed to prohibit the recording of documents prior to the time funds are available for disbursement with respect to a transaction, provided that all parties consent to such recordation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All settlement statements<\/span> or closing disclosures<\/span> for transactions related to real estate governed by this chapter shall be in writing and identify, by name and business address, the settlement agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section is intended to amend<\/span>, alter, or supersede other sections of this chapter, or the laws<\/span> of the Commonwealth or the United States, regarding the duties and obligations of the settlement agent<\/span> in maintaining escrow<\/span> accounts. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONS FOR PROVIDING ESCROW, CLOSING, OR SETTLEMENT SERVICES AND FOR\nMAINTAINING ESCROW ACCOUNTS (\u00a7 55.1-1008)\n\nA. All funds deposited with the settlement agent in connection with an escrow,\nsettlement, or closing shall be handled in a fiduciary capacity and submitted\nfor collection to or deposited in a separate fiduciary trust account or accounts\nin a financial institution authorized to do business in the Commonwealth no\nlater than the close of the second business day, in accordance with the\nfollowing requirements:\n\n 1. The funds shall be the property of the person entitled to them under the\n provisions of the escrow, settlement, or closing agreement and shall be\n segregated for each depository by escrow, settlement, or closing in the\n records of the settlement agent in a manner that permits the funds to be\n identified on an individual basis; and\n\n 2. The funds shall be applied only in accordance with the terms of the\n individual instructions or agreements under which the funds were accepted.\n\nB. Funds held in an escrow account shall be disbursed only pursuant to a written\ninstruction or agreement specifying how and to whom such funds may be disbursed.\nFunds payable to persons other than the settlement agent shall be disbursed in\naccordance with \u00a7 55.1-903, except:\n\n 1. Title insurance premiums payable to title insurers under § 38.2-1813\n or to title insurance agents. Such title insurance premiums payable to title\n insurers and agents may be (i) held in the settlement agent’s settlement\n escrow account, identified and itemized by file name or file number, as a file\n with a balance; (ii) disbursed in the form of a check drawn upon the\n settlement escrow account payable to the title insurer or agent but maintained\n within the settlement file of the settlement agent; or (iii) transferred\n within two business days into a separate title insurance premium escrow\n account, which account shall be identified as such and be separate from the\n business or personal funds of the settlement agent. These transferred title\n insurance premium funds shall be itemized and identified within the separate\n title insurance premium escrow account. All title insurance premiums payable\n to title insurers by title insurance agents serving as settlement agents shall\n be paid in the ordinary course of business as required by subsection A of\n § 38.2-1813; and\n\n 2. Escrows held by the settlement agent pursuant to written instruction or\n agreement. A settlement statement or closing disclosure that has been signed\n by the seller and the purchaser or borrower shall be deemed sufficient to\n satisfy the requirement of this subsection.\n\nC. A settlement agent may not retain any interest received on funds deposited in\nconnection with any escrow, settlement, or closing. An attorney settlement agent\nshall maintain escrow accounts in accordance with applicable rules of the\nVirginia State Bar and the Supreme Court of Virginia.\n\nD. Nothing in this chapter shall be deemed to prohibit the recording of\ndocuments prior to the time funds are available for disbursement with respect to\na transaction, provided that all parties consent to such recordation.\n\nE. All settlement statements or closing disclosures for transactions related to\nreal estate governed by this chapter shall be in writing and identify, by name\nand business address, the settlement agent.\n\nF. Nothing in this section is intended to amend, alter, or supersede other\nsections of this chapter, or the laws of the Commonwealth or the United States,\nregarding the duties and obligations of the settlement agent in maintaining\nescrow accounts.\n\nHISTORY: 1997, c. 716, \u00a7 6.1-2.23; 1998, c. 69; 2001, cc. 316, 512; 2010, c.\n794, \u00a7 55-525.24; 2016, c. 619; 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}}