                                 CODE OF VIRGINIA

LICENSEES ENGAGED BY TENANTS (§ 54.1-2134)

A. A licensee engaged by a tenant shall:

   1. Enter into a brokerage agreement with the prospective tenant prior to
   showing property to such prospective tenant;

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

   3. Promote the interests of the tenant by:
   				a. Seeking a lease at a rent and with terms acceptable to the tenant;
   however, the licensee shall not be obligated to seek or show other properties
   for the tenant while the tenant is a party to a lease or a letter of intent to
   lease exists under which the tenant has not yet taken possession, unless
   agreed to as part of the brokerage agreement, or unless the lease or the
   letter of intent to lease so provides;
   				b. Assisting in the drafting and negotiating of leases, letters of intent
   to lease, and rental applications, and presenting, in a timely fashion, all
   written offers or counteroffers to and from the tenant and landlord pursuant
   to &#xA7; 54.1-2101.1, even when the tenant is already a party to a lease or a
   letter of intent to lease; and
   				c. Providing reasonable assistance to the tenant to finalize the lease
   agreement;

   4. 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 tenant consents in
   writing to the release of such information;

   5. Exercise ordinary care;

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

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

   8. 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 landlords honestly and shall not
knowingly give them false information. If a licensee has actual knowledge of the
existence of defective drywall in a residential property, the licensee shall
disclose the same to the prospective tenant. For purposes of this section,
&#8220;defective drywall&#8221; means all defective drywall as defined in &#xA7;
36-156.1. No cause of action shall arise against any licensee for revealing
information as required by this article or applicable law.

C. A licensee engaged by a tenant in a real estate transaction may provide
assistance to the landlord or prospective landlord 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 tenant unless expressly prohibited by the terms of the brokerage
agreement, nor shall performing such ministerial acts be construed to form a
brokerage relationship with the landlord or prospective landlord.

D. A licensee engaged by a tenant does not breach any duty or obligation to the
tenant by showing properties in which the tenant is interested to other
prospective tenants, whether as clients or customers, by representing other
tenants looking for the same or other properties to lease, or by representing
landlords relative to other properties.

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

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