                                 CODE OF VIRGINIA

LICENSEES ENGAGED BY LANDLORDS TO LEASE PROPERTY (§ 54.1-2133)

A. A licensee engaged by a landlord shall:

   1. Perform in accordance with the terms of the brokerage agreement;

   2. Promote the interests of the landlord by:
   				a. Conducting marketing activities on behalf of the landlord pursuant to
   the brokerage agreement with the landlord. In so doing, the licensee shall
   seek a tenant at the rent and terms agreed in the brokerage agreement or at a
   rent and terms acceptable to the landlord; however, the licensee shall not be
   obligated to seek additional offers to lease the property while the property
   is subject to a lease or a letter of intent to lease under which the tenant
   has not yet taken possession, unless agreed as part of the brokerage
   agreement, or unless the lease or the letter of intent to lease so provides;
   				b. Assisting the landlord in drafting and negotiating leases and letters
   of intent to lease, and presenting in a timely manner all written leasing
   offers or counteroffers to and from the landlord and tenant pursuant to &#xA7;
   54.1-2101.1, even when the property is already subject to a lease or a letter
   of intent to lease; and
   				c. Providing reasonable assistance to the landlord to finalize the lease
   agreement;

   3. Maintain confidentiality of all personal and financial information received
   from the client during the brokerage relationship and any other information
   that the client requests during the brokerage relationship be maintained
   confidential, unless otherwise provided by law or the landlord consents in
   writing to the release of such information;

   4. Exercise ordinary care;

   5. Account in a timely manner for all money and property received by the
   licensee in which the landlord has or may have an interest;

   6. Disclose to the landlord material facts related to the property or
   concerning the transaction of which the licensee has actual knowledge; and

   7. Comply with all requirements of this article, fair housing statutes and
   regulations for residential real estate transactions as applicable, and all
   other applicable statutes and regulations that are not in conflict with this
   article.

B. Licensees shall treat all prospective tenants honestly and shall not
knowingly give them false information. A licensee engaged by a landlord shall
disclose to prospective tenants all material adverse facts pertaining to the
physical condition of the property that are actually known by the licensee. If a
licensee has actual knowledge of the existence of any pipe, pipe or plumbing
fitting, fixture, solder, or flux that does not meet the federal Safe Drinking
Water Act definition of &#8220;lead free&#8221; pursuant to 42 U.S.C. &#xA7;
300g-6 in a residential property, the licensee shall disclose the same to the
prospective tenant. As used in this section, the term &#8220;physical condition
of the property&#8221; refers to the physical condition of the land and any
improvements thereon, and does not refer to (i) matters outside the boundaries
of the land or relating to adjacent or other properties in proximity thereto,
(ii) matters relating to governmental land use regulations, and (iii) matters
relating to highways or public streets. Such disclosure shall be made in
writing. No cause of action shall arise against any licensee for revealing
information as required by this article or applicable law. Nothing in this
subsection shall limit the right of a prospective tenant to inspect the physical
condition of the property.

C. A licensee engaged by a landlord in a real estate transaction may, unless
prohibited by law or the brokerage agreement, provide assistance to a tenant, or
potential tenant, by performing ministerial acts. Performing such ministerial
acts that are not inconsistent with subsection A shall not be construed to
violate the licensee&#8217;s brokerage relationship with the landlord unless
expressly prohibited by the terms of the brokerage agreement, nor shall
performing such ministerial acts be construed to form a brokerage relationship
with such tenant or potential tenant.

D. A licensee engaged by a landlord does not breach any duty or obligation owed
to the landlord by showing alternative properties to prospective tenants,
whether as clients or customers, or by representing other landlords who have
other properties for lease.

E. Licensees in residential real estate transactions shall disclose brokerage
relationships pursuant to the provisions of this article.

F. A licensee engaged by a landlord shall not be required to enter into a
brokerage agreement with a prospective tenant to show property to the
prospective tenant when such showing is conducted pursuant to and in accordance
with a brokerage agreement entered into with a landlord client.

HISTORY: 1995, cc. 741, 813; 2006, c. 627; 2008, c. 741; 2011, cc. 34, 46, 461;
2012, c. 750; 2016, c. 334; 2020, c. 520; 2025, cc. 479, 495.