                                 CODE OF VIRGINIA

DISCLOSED DUAL AGENCY AND DUAL REPRESENTATION AUTHORIZED IN A RESIDENTIAL REAL
ESTATE TRANSACTION (§ 54.1-2139)

A. 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.

B. 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&#8217;s existing clients.

C. 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&#8217;s one existing client and one new client.

D. 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.

E. The obligation to make the disclosures required by this section shall not
relieve the licensee of the obligations set out in subsection C of &#xA7;
54.1-2137 requiring all brokerage relationships to be set out in a written
agreement between the licensee and the client.

F. 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.

G. 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.

H. 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:
			DISCLOSURE OF DUAL AGENCY OR DUAL REPRESENTATION IN A RESIDENTIAL REAL ESTATE
TRANSACTION
			The undersigned do hereby acknowledge disclosure that:
			The licensee ___________________ (name of broker or salesperson) associated
with ____________________ (Brokerage Firm) represents more than one party in
this residential real estate transaction as follows:

A. Brokerage Firm represents the following party (select one):
			[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)
			As a (select one):
			[ ] standard agent [ ] limited service agent [ ] independent contractor
			Brokerage Firm represents another party (select one):
			[ ] Seller(s) [ ] Buyer(s) [ ] Landlord(s) [ ] Tenant(s)
			As a (select one):
			[ ] standard agent [ ] limited service agent [ ] independent contractor

B. Brokerage Firm disclosure and client acknowledgement of the following (select
one):
			[ ] Brokerage Firm represents two existing clients in the transaction and the
undersigned acknowledge the following:
			The 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 (§ 54.1-2130 et seq.) of
Chapter 21 of Title 54.1 of the Code of Virginia to be disclosed.
			[ ] Brokerage Firm represents one existing client and one new client in the
transaction and the undersigned acknowledge the following:
			The undersigned understand:

   1. 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;

   2. 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;

   3. That the licensee cannot advise either party in any dispute that arises
   relating to the transaction;

   4. That the licensee may be acting without knowledge of the client&#8217;s
   needs, client&#8217;s knowledge of the market, or client&#8217;s capabilities
   in dealing with the intricacies of real estate transactions; and

   5. That either party may engage another licensee at additional cost to
   represent their respective interests.
   				The undersigned by signing this notice do hereby acknowledge their
   informed consent to the disclosed dual representation by the licensee.
   				____________       _______________________
   				Date                   Name (One Party)
   				____________       _______________________Date                   Name (One
   Party)
   				____________       _______________________Date                   Name (One
   Party)
   				____________       _______________________Date                   Name (One
   Party)

HISTORY: 1995, cc. 741, 813; 2011, c. 461; 2012, c. 750; 2025, cc. 479, 495.