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2011 SESSION
11104667DBe it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2105.01, 54.1-2105.03, 54.1-2105.1, 54.1-2130, 54.1-2131, 54.1-2133, 54.1-2135, 54.1-2137, 54.1-2139, and 55-519 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 54.1-2139.1, 54.1-2139.2, 54.1-2139.3, and 54.1-2142.1 and by adding in Article 3 of Chapter 21 of Title 54.1 a section numbered 54.1-2146 as follows:
§ 54.1-2105.01. Educational requirements for all salespersons within one year of licensure.
A. The Board shall establish guidelines for an educational curriculum of at least 30 hours of classroom, or correspondence or other distance learning, instruction, in specified areas, which shall be required of all salespersons within one year of issuance of a license by the Board. Failure of a new licensee to complete the 30-hour curriculum within one year of obtaining a real estate salesperson's license shall result in the license being placed on inactive status by the Board until the curriculum has been completed.
B. To establish the guidelines required by this section, the
Board shall establish an industry advisory group to focus on the following
three practice tracks: composed of representatives of the practices of
(i) residential real estate, (ii) commercial real estate, and (iii) property
management. The industry advisory group shall consist of licensed real estate
salespersons and real estate brokers, and who shall be appointed by
and shall meet at the direction of the Board, at least annually, to update
the guidelines in each of the three educational practice tracks. The
Board shall review and may approve educational curriculum curricula
developed by an approved school or other provider of real estate education
authorized by this chapter. The industry advisory group shall serve at no cost
to the Board.
C. The guidelines in each of the three practice tracks
curricula for new licensees shall include topics that new licensees need to
know in their respective practices, including, but not limited to,
contract writing, handling customer deposits, listing property, leasing
property, agency, current industry issues and trends, property owners' and
condominium association law, landlord-tenant law, Board regulations, and such
other topics as designated by the Board. The continuing education requirements
of this section for new licensees shall be in lieu of the continuing education
requirements otherwise specified in this chapter and Board regulations.
§ 54.1-2105.03. Continuing education; relicensure of brokers and salespersons.
A. Board regulations shall include educational requirements as a condition for relicensure of brokers and salespersons to whom active licenses have been issued by the Board beyond those now specified by law as conditions for licensure.
1. Brokers to whom active licenses have been issued by the
Board shall be required to satisfactorily complete courses of not less than 24
hours of classroom or correspondence or other distance learning instruction
during each licensing term. Of the total 24 hours, the curriculum shall
include consist of:
a. A minimum of eight required hours to include at least three hours of ethics and standards of conduct, two hours of fair housing, and the remaining three hours of legal updates and emerging trends, real estate agency, and real estate contracts;
b. A minimum of eight hours of courses relating to supervision and management of real estate agents and the management of real estate brokerage firms as are approved by the Board; and
c. Eight hours of general elective courses as are approved by the Board.
The Board may, on a year-by-year basis, adjust the required hours and course topics specified in this subdivision for the next succeeding year, applicable to a licensee in the next renewal period for his license, including the addition of topics deemed by the Board to be essential. Such designation or adjustment by the Board shall be made prior to September 1 of any given calendar year. The action of the Board in making such adjustment shall be subject to § 2.2-4012.1.
The fair housing requirements shall include an update on current cases and administrative decisions under fair housing laws. If the licensee submits a notarized affidavit to the Board that certifies that he does not practice residential real estate and shall not do so during the licensing term, training in fair housing shall not be required; instead, such licensee shall receive training in other applicable federal and state discrimination laws and regulations. The Board shall approve a continuing education curriculum of not less than two hours, and as of July 1, 2007, every applicant for relicensure as an active broker shall complete at a minimum one two-hour continuing education course on limited service agency prior to renewal or reinstatement of his license. If the licensee submits a notarized affidavit to the Board that certifies that he has taken a two-hour continuing education course on limited service agency between July 1, 2006, and June 30, 2007, offered by a school approved by the Board, which, in the determination of the Board, covered substantially the information in a continuing education course approved by the Board subsequent to July 1, 2007, the licensee may receive credit for the two hours of continuing education. If the licensee submits a notarized affidavit to the Board that certifies that he does not practice residential real estate and shall not do so during the licensing term, training in limited service agency shall not be required. A licensee who takes one two-hour continuing education class on limited service agency shall satisfy the requirements for continuing education and may, but shall not be required to, take any further continuing education on limited service agency.
2. Salespersons to whom active licenses have been issued by
the Board shall be required to satisfactorily complete courses of not less than
16 hours of classroom or correspondence or other distance learning instruction
during each licensing term. Of the total 16 hours, the curriculum shall
include consist of:
a. A minimum of eight required hours to include at least three hours of ethics and standards of conduct, two hours of fair housing, and the remaining three hours of legal updates and emerging trends, real estate agency, and real estate contracts; and
b. Eight hours of general elective courses as are approved by the Board.
The Board may, on a year-by-year basis, readjust the
required hours and course topics specified in this subdivision for the next
succeeding year, applicable to a licensee in the next renewal period for his
license, including the addition of topics deemed by the Board to be essential.
Such designation or adjustment by the Board shall be made prior to September 1
of any given calendar year. The action of the Board in making such adjustment
shall be subject to § 2.2-4012.1.
3. The Board shall approve a continuing education
curriculum of not less than three hours, and as of July 1, 2012, every
applicant for relicensure as an active broker or salesperson shall complete at
a minimum one three-hour continuing education course on the changes to
residential standard agency effective as of July 1, 2011, to Article 3 (§
54.1-2130 et seq.) prior to renewal or reinstatement of his license. If the
licensee submits a notarized affidavit to the Board that certifies that he does
not practice residential real estate and shall not do so during the licensing
term, training in residential representation shall not be required. A licensee
who takes one three-hour continuing education class on residential
representation shall satisfy the requirements for continuing education and may,
but shall not be required to, take any further continuing education on
residential standard agency.
The fair housing requirements shall include an update on current cases and administrative decisions under fair housing laws. If the licensee submits a notarized affidavit to the Board that certifies that he does not practice residential real estate and shall not do so during the licensing term, training in fair housing shall not be required; instead, such licensee shall receive training in other applicable federal and state discrimination laws and regulations.
The Board shall approve a continuing education curriculum of
not less than two hours, and as of July 1, 2007, every applicant for
relicensure as an active salesperson shall complete at a minimum one two-hour
continuing education course on limited service agency prior to renewal or
reinstatement of his license. If the licensee submits a notarized affidavit to
the Board that certifies that he has taken completed a two-hour
continuing education course on limited service agency between July 1, 2006, and
June 30, 2007, offered by a school approved by the Board, which, in the
determination of the Board, covered substantially the information in a
continuing education course approved by the Board subsequent to July 1, 2007,
the licensee may receive credit for the two hours of continuing education. If
the licensee submits a notarized affidavit to the Board that certifies that he
does not practice residential real estate and shall not do so during the
licensing term, training in limited service agency shall not be required. A
licensee who takes one two-hour continuing education class on limited service
agency shall satisfy the requirements for continuing education and may,
but shall not be required to, take any further continuing education on
limited service agency.
3.4. For correspondence and other distance
learning instruction offered by an approved provider, the Board shall establish
the appropriate testing procedures to verify completion of the course and
require the licensee to file a notarized affidavit certifying compliance with
the course requirements. The Board may establish procedures to ensure the
quality of the courses. The Board shall not require testing for continuing
education courses completed through classroom instruction.
B. Every applicant for relicensure as an active salesperson or broker shall complete the continuing education requirements prior to each renewal or reinstatement of his license. The continuing education requirement shall also apply to inactive licensees who make application for an active license. Notwithstanding this requirement, military personnel called to active duty in the armed forces of the United States may complete the required continuing education within six months of their release from active duty.
§ 54.1-2105.1. Other powers and duties of the Real Estate Board.
In addition to the provisions of §§ 54.1-2105.01 through 54.1-2105.04, the Board shall develop a residential property disclosure statement form for use in accordance with the provisions of Chapter 27 (§ 55-517 et seq.) of Title 55. The Board shall also include on its website the notice required by subsection B of § 55-519.
§ 54.1-2130. Definitions.
As used in this article:
"Agency" means every relationship in which a real
estate licensee acts for or represents a person by such person's express
authority in a real estate transaction, unless a different legal relationship
is intended and is agreed to as part of the brokerage relationship. Agency
includes representation of a client as a standard agent or a limited service
agent. Nothing in this article shall prohibit a licensee and a client from
agreeing in writing to a brokerage relationship under which the licensee acts
as an independent contractor or which imposes on a licensee obligations in
addition to those provided in this article. If a licensee agrees to additional
obligations, however, the licensee shall be responsible for the additional
obligations agreed to with the client in the brokerage agreement. A real estate
licensee who enters into a brokerage relationship based upon a written
brokerage agreement that specifically states that the real estate licensee is
acting as an independent contractor and not as an agent shall have the
obligations agreed to by the parties in the brokerage agreement, and such real
estate licensee and its employees shall have no obligations under §§ 54.1-2131
through 54.1-2135 of this article. However, any real estate licensee
who acts for or represents a client in an agency relationship shall either
represent such client as a standard agent or a limited service agent.
"Brokerage agreement" means the written agreement
by which a real estate licensee represents a client in creating a
brokerage relationship between a client and a licensee.
"Brokerage relationship" means the contractual relationship between a client and a real estate licensee who has been engaged by such client for the purpose of procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange or rent real estate on behalf of a client.
"Client" means a person who has entered into a brokerage relationship with a licensee.
"Common source information company" means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes, but is not limited to, multiple listing services.
"Customer" means a person who has not entered into a brokerage relationship with a licensee but for whom a licensee performs ministerial acts in a real estate transaction. Unless a licensee enters into a brokerage relationship with such person, it shall be presumed that such person is a customer of the licensee rather than a client.
"Designated agent" or "designated representative" means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction.
"Dual agent" or "dual representative" means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction.
"Independent contractor" means a real estate licensee who (i) enters into a brokerage relationship based upon a brokerage agreement that specifically states that the real estate licensee is acting as an independent contractor and not as an agent; (ii) shall have the obligations agreed to by the parties in the brokerage agreement; and (iii) shall have no obligations under §§ 54.1-2131 through 54.1-2135.
"Licensee" means real estate brokers and
salespersons as defined in Article 1 (§ 54.1-2100 et seq.) of Chapter 21 of this
title.
"Limited service representative" means a licensee who acts for or represents a client with respect to real property containing from one to four residential units, pursuant to a brokerage agreement that provides that the limited service representative will not provide one or more of the duties set forth in subdivision A 2 of §§ 54.1-2131, 54.1-2132, 54.1-2133, and 54.1-2134, inclusive. A limited service representative shall have the obligations set out in the brokerage agreement, except that a limited service representative shall provide the client, at the time of entering the brokerage agreement, copies of any and all disclosures required by federal or state law, or local disclosures expressly authorized by state law, and shall disclose to the client the following in writing: (i) the rights and obligations of the client under the Virginia Residential Property Disclosure Act (§ 55-517 et seq.); (ii) if the client is selling a condominium, the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the condominium resale certificate required by § 55-79.97; and (iii) if the client is selling a property subject to the Property Owners' Association Act (§ 55-508 et seq.), the rights and obligations of the client to deliver to the purchasers, or to receive as purchaser, the association disclosure packet required by § 55-509.5. A limited service representative may act as the agent or representative of the client only by so providing in writing in the brokerage agreement. If the brokerage agreement does not so state, the limited service representative shall be deemed as acting as an independent contractor of the client.
"Ministerial acts" means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee's own judgment.
"Property management agreement" means the written agreement between a property manager and the owner of real estate for the management of the real estate.
"Standard agent" means a licensee who acts for or represents a client in an agency relationship. A standard agent shall have the obligations as provided in this article and any additional obligations agreed to by the parties in the brokerage agreement.
§ 54.1-2131. Licensees engaged by sellers.
A. A licensee engaged by a seller shall:
1. Perform in accordance with the terms of the brokerage relationship;
2. Promote the interests of the seller by:
a. Conducting marketing activities on behalf of the seller in accordance with the brokerage agreement. In so doing, the licensee shall seek a sale at the price and terms agreed upon in the brokerage relationship or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage relationship or as the contract of sale so provides;
b. Assisting in the drafting and negotiating of offers and counteroffers, amendments, and addenda to the real estate contract pursuant to § 54.1-2101.1 and in establishing strategies for accomplishing the seller's objectives;
c. Receiving and presenting in a timely manner written offers and counteroffers to and from the seller and purchasers, even when the property is already subject to a contract of sale; and
d. Providing reasonable assistance to the seller to satisfy the seller's contract obligations and to facilitate settlement of the purchase contract.
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 seller 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 seller has or may have an interest;
6. Disclose to the seller 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, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this article.
B. Licensees shall treat all prospective buyers honestly and
shall not knowingly give them false information. A licensee engaged by a seller
shall disclose to prospective buyers all material adverse facts pertaining to
the physical condition of the property which are actually known by the
licensee. As used in this section, the term "physical condition of the
property" shall refer to the physical condition of the land and any
improvements thereon, and shall 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. A licensee shall not be liable to a buyer for providing false
information to the buyer if the false information was provided to the licensee
by the seller or was obtained from a governmental entity or from a person
licensed, certified, or registered to provide professional services in the
Commonwealth, upon which the licensee relies, and the licensee did not (i) have
actual knowledge that the information was false or (ii) act in reckless
disregard of the truth. No cause of action shall arise against any licensee
for revealing information as required by this article or applicable law.
Nothing in this article shall limit in any way the provisions of the Virginia
Residential Property Disclosure Act (§ 55-517 et seq.).
C. A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection A shall not be construed to violate the licensee's brokerage relationship with the seller unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage or agency relationship with such buyer or potential buyer.
D. A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.
E. Licensees shall disclose brokerage relationships pursuant to the provisions of this article.
§ 54.1-2133. Licensees engaged by landlords to lease property.
A. A licensee engaged by a landlord shall:
1. Perform in accordance with the terms of the brokerage relationship;
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 relationship 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 relationship, 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 § 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, and all other applicable statutes and regulations which 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 which are actually known
by the licensee. As used in this section, the term "physical condition of
the property" shall refer to the physical condition of the land and any
improvements thereon, and shall 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. A licensee shall not be liable to a tenant for providing false
information to the tenant if the false information was provided to the licensee
by the landlord or was obtained from a governmental entity or from a person
licensed, certified, or registered to provide professional services in the
Commonwealth, upon which the licensee relies, and the licensee did not (i) have
actual knowledge that the information was false or (ii) act in reckless
disregard of the truth. 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 relationship, 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's brokerage relationship with the landlord unless expressly prohibited by the terms of the brokerage relationship, 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 shall disclose brokerage relationships pursuant to the provisions of this article.
§ 54.1-2135. Licensees engaged to manage real estate.
A. A licensee engaged to manage real estate shall:
1. Perform in accordance with the terms of the property management agreement;
2. Exercise ordinary care;
3. Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property;
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 owner consents in writing to the release of such information;
5. Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and
6. Comply with all requirements of this article, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this article.
B. Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties.
C. A licensee may also represent the owner as seller or landlord if they enter into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this article.
D. Property management agreements shall be in writing and shall:
1. Have a definite termination date or duration; however, if a property management agreement does not specify a definite termination date or duration, the agreement shall terminate 90 days after the date of the agreement;
2. State the amount of the management fees and how and when such fees are to be paid;
3. State the services to be rendered by the licensee; and
4. Include such other terms as have been agreed to by the owner and the property manager.
§ 54.1-2137. Commencement and termination of brokerage relationships.
A. The brokerage relationships set forth in this article shall
commence at the time that a client engages a licensee and shall continue until
(i) completion of performance in accordance with the brokerage relationship or
(ii) the earlier of (a) any date of expiration agreed upon by the parties as
part of the brokerage relationship or in any amendments thereto, (b) any
mutually agreed upon termination of the relationship, (c) a default by any
party under the terms of the brokerage relationship, or (d) a termination as
set forth in subsection D F of § 54.1-2139.
B. Brokerage relationships agreements shall be in
writing and shall have:
1. Have a definite termination date; however, if a
brokerage relationship does not specify a definite termination date, the
brokerage relationship shall terminate ninety 90 days after the
date of the brokerage relationship was entered into agreement;
2. State the amount of the brokerage fees and how and when such fees are to be paid;
3. State the services to be rendered by the licensee;
4. Include such other terms of the brokerage relationship as have been agreed to by the client and the licensee; and
5. In the case of brokerage agreements entered into in conjunction with the client’s consent to a dual representation, the disclosures set out in subsection A of § 54.1-2139.
C. Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage relationship, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of 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 client consents in writing to the release of such information.
§ 54.1-2139. Disclosed dual standard agency authorized.
A. A licensee may not act as a dual representative
only with standard agent unless he has first obtained the written
consent of all clients parties to the transaction given after
written disclosure of the consequences of such dual standard agency. 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 provided in this section. shall be in writing and given to
both parties prior to the commencement of dual standard agency. The disclosure
shall contain the following provisions:
1. That following the commencement of dual standard agency, the licensee will be unable to advise either party as to the terms, offers or counteroffers; however, under the limited circumstances specified in subsection C, the licensee may have previously discussed such terms with one party prior to the commencement of dual standard agency;
2. That the licensee cannot advise a 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 repairs of the property to make or request;
3. That the licensee cannot advise either party in any dispute that might later arise relating to the transaction;
4. That the licensee will be acting without knowledge of the client’s needs, client’s experience in the market, or client’s experience in handling real estate transactions unless he has gained that information from earlier contact with the client under the limited circumstances specified in subsection C; and
5. That either party may engage another licensee if he requires additional representation.
B. Such disclosures shall not be deemed to comply with the requirements set out 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. Any disclosure and consent that substantially complies with the following shall be deemed in compliance with this disclosure requirement:
DISCLOSURE OF DUAL STANDARD AGENCY
The undersigned do hereby acknowledge disclosure that:
The licensee .................................................
(Name of Broker, Firm or Salesperson as applicable)
represents more than one party as a dual standard agent
in this real estate transaction as indicated below:
................ Seller(s) and Buyer(s)
................ Landlord(s) and Tenant(s).
The undersigned understand:
1. That following the commencement of dual standard agency, 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 standard agency;
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 licensee may be acting without knowledge of the client’s
needs, client’s knowledge of the market, or client’s capabilities
in dealing with the intricacies of real estate transactions; and
5. That either party may engage another licensee to represent
their respective interests.
The undersigned by signing this notice do hereby acknowledge
their informed consent to the disclosed dual standard agency
by the licensee.
............... .........................
Date Name (One Party)
............... .........................
Date Name (One Party)
............... .........................
Date Name (Other Party)
............... .........................
Date Name (Other Party)
C. However, if the licensee is currently representing a party as a standard agent and that party desires to engage in a real estate transaction with another current client represented by the licensee as a standard agent, the licensee may engage in dual standard agency provided that prior to commencement of such dual standard agency the following disclosure may be used in lieu of that contained in subsection B.
Otherwise, the dual standard agent shall make the disclosure contained in subsection B. Further, if the licensee represents one party as an independent contractor and another party as a standard agent, the licensee may engage in dual representation only if the disclosure in subsection B is given.
B. Such disclosure may be given in combination with
other disclosures or provided with other information, but if so, the disclosure
must shall be conspicuous, printed in bold lettering, all capitals,
underlined, or within a separate box. Any disclosure which complies
substantially in effect with the following shall be deemed in compliance with
this disclosure requirement:
DISCLOSURE OF DUALREPRESENTATIONSTANDARD AGENCY WITH EXISTING CLIENTS
The undersigned do hereby acknowledge disclosure that:
The licensee .................................................
(Name of Broker, Firm or Salesperson as applicable)
represents more than one party in this real estate transaction as
indicated below:
........ Seller(s) and Buyer(s)
........ Landlord(s) and Tenant(s).
The undersigned understand that the foregoing dualrepresentative
standard agent may not disclose to either clientor such client'sany information that has been given to
designated representative
the dualrepresentativestandard agent 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. The undersigned by signing
this notice do hereby acknowledge their informed consent to the
disclosed dualrepresentationstandard agency by the licensee.
............... .........................
Date Name (One Party)
............... .........................
Date Name (One Party)
............... .........................
Date Name (Other Party)
............... .........................
Date Name (Other Party)
D. The obligation to make the disclosures required by this section shall not relieve the licensee of the obligations set out in subsection B of § 54.1-2137 requiring all brokerage relationships to be set out in a written agreement between the licensee and the client.
CE. No cause of action shall arise against a
dual representative standard agent for making disclosures of
brokerage relationships as provided by this article. A dual representative
standard agent does not terminate any brokerage relationship by the making
of any such allowed or required disclosures of dual representation
standard agency.
DF. In any real estate transaction, a licensee
may withdraw, without liability, from representing a client who refuses to
consent to a disclosed dual representation standard agency thereby
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 representation standard agency in
other transactions not involving dual representation standard agency.
E. A principal or supervising broker may assign different
licensees affiliated with the broker as designated representatives to represent
different clients in the same transaction to the exclusion of all other
licensees in the firm. Use of such designated representatives shall not
constitute dual representation if a designated representative is not
representing more than one client in a particular real estate transaction;
however, the principal or broker who is supervising the transaction shall be
considered a dual representative as provided in this article. Designated
representatives may not disclose, except to the affiliated licensee's broker,
personal or financial information received from the clients during the
brokerage relationship and any other information that the client requests
during the brokerage relationship be kept confidential, unless otherwise provided
for by law or the client consents in writing to the release of such
information.
F. Use of designated representatives in a real estate
transaction shall be disclosed in accordance with the provisions of this
article. Such disclosure may be given in combination with other disclosures or
provided with other information, but if so, the disclosure must be conspicuous,
printed in bold lettering, all capitals, underlined, or within a separate box.
Any disclosure which complies substantially in effect with the following shall
be deemed in compliance with such disclosure requirement:
DISCLOSURE OF THE USE OF DESIGNATED REPRESENTATIVES
The undersigned do hereby acknowledge disclosure that:
The licensee ....................................................
(Name of Broker and Firm)
represents more than one party in this real estate transaction as
indicated below:
........ Seller(s) and Buyer(s)
........ Landlord(s) and Tenant(s).
The undersigned understands that the foregoing dual representative
may not disclose to either client or such client's designated
representative any information that has been given to the dual
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. The undersigned by signing this notice do hereby
acknowledge their informed consent to the disclosed dual
representation by the licensee.
The principal or supervising broker has assigned
......................... to act as Designated Representative
(Licensee/Sales Associate)
for the one party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s).
and
.......................... to act as Designated Representative
(Licensee/Sales Associate)
for the other party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s)
............... .........................
Date Name (One Party)
............... .........................
Date Name (One Party)
............... .........................
Date Name (Other Party)
............... .........................
Date Name (Other Party)
§ 54.1-2139.1. Designated standard agency authorized.
A. A principal or supervising broker may assign different licensees affiliated with the broker as designated standard agent to represent different clients in the same transaction to the exclusion of all other licensees in the firm. Use of such designated standard agents shall not constitute dual standard agency if a designated standard agent is not representing more than one client in a particular real estate transaction; however, the principal or broker who is supervising the transaction shall be considered a dual standard agent as provided in this article. Designated standard agents may not disclose, except to the affiliated licensee's broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information.
B. Use of designated standard agents in a real estate transaction shall be disclosed in accordance with the provisions of this article. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure shall be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure that complies substantially in effect with the following shall be deemed in compliance with such disclosure requirement:
DISCLOSURE OF THE USE OF DESIGNATED STANDARD AGENTS
The undersigned do hereby acknowledge disclosure that:
The licensee ....................................................
(Name of Broker and Firm)
represents more than one party in this real estate transaction as
indicated below:
........ Seller(s) and Buyer(s)
........ Landlord(s) and Tenant(s).
The undersigned understand that the foregoing dual standard agent
may not disclose to either client or such client's designated
standard agent any information that has been given to the dual
standard agent 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. The undersigned by signing this notice do hereby
acknowledge their informed consent to the disclosed dual
standard agency by the licensee.
The principal or supervising broker has assigned
......................... to act as Designated Standard Agent
(Licensee/Sales Associate)
for the one party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s).
and
.......................... to act as Designated Standard Agent
(Licensee/Sales Associate)
for the other party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s)
............... .........................
Date Name (One Party)
............... .........................
Date Name (One Party)
............... .........................
Date Name (Other Party)
............... .........................
Date Name (Other Party)
§ 54.1-2139.2. Disclosed dual representation authorized.
A. A licensee may act as a dual representative only with the written consent of all clients to the transaction. 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 provided in this section.
B. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure shall be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:
DISCLOSURE OF DUAL REPRESENTATION
The undersigned do hereby acknowledge disclosure that:
The licensee .................................................
(Name of Broker, Firm or Salesperson as applicable)
represents more than one party in this real estate transaction as
indicated below:
........ Seller(s) and Buyer(s)
........ Landlord(s) and Tenant(s).
The undersigned understand that the foregoing dual representative
may not disclose to either client or such client's designated
representative any information that has been given to the dual
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. 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 (Other Party)
............... .........................
Date Name (Other Party)
C. No cause of action shall arise against a dual representative for making disclosures of brokerage relationships as provided by this article. A dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual representation.
D. In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual representation thereby 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 or to limit the licensee from representing the client who refused the dual representation in other transactions not involving dual representation.
§ 54.1-2139.3. Designated representatives authorized.
A. A principal or supervising broker may assign different licensees affiliated with the broker as designated representatives to represent different clients in the same transaction to the exclusion of all other licensees in the firm. Use of such designated representatives shall not constitute dual representation if a designated representative is not representing more than one client in a particular real estate transaction; however, the principal or broker who is supervising the transaction shall be considered a dual representative as provided in this article. Designated representatives may not disclose, except to the affiliated licensee's broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information.
B. Use of designated representatives in a real estate transaction shall be disclosed in accordance with the provisions of this article. Such disclosure may be given in combination with other disclosures or provided with other information, but if so, the disclosure shall be conspicuous, printed in bold lettering, all capitals, underlined, or within a separate box. Any disclosure which complies substantially in effect with the following shall be deemed in compliance with such disclosure requirement:
DISCLOSURE OF THE USE OF DESIGNATED REPRESENTATIVES
The undersigned do hereby acknowledge disclosure that:
The licensee ....................................................
(Name of Broker and Firm)
represents more than one party in this real estate transaction as
indicated below:
........ Seller(s) and Buyer(s)
........ Landlord(s) and Tenant(s).
The undersigned understand that the foregoing dual representative
may not disclose to either client or such client's designated
representative any information that has been given to the dual
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. The undersigned by signing this notice do hereby
acknowledge their informed consent to the disclosed dual
representation by the licensee.
The principal or supervising broker has assigned
......................... to act as Designated Representative
(Licensee/Sales Associate)
for the one party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s).
and
.......................... to act as Designated Representative
(Licensee/Sales Associate)
for the other party as indicated below:
.......... Seller(s) or .......... Buyer(s)
.......... Landlord(s) or .......... Tenant(s)
............... .........................
Date Name (One Party)
............... .........................
Date Name (One Party)
............... .........................
Date Name (Other Party)
............... .........................
Date Name (Other Party)
§ 54.1-2142.1. Liability for false information.
For the purposes of §§ 54.1-2131 through 54.1-2135, a licensee shall not be liable for providing false information if the information was (i) provided to the licensee by the licensee’s client; (ii) obtained from a governmental entity; (iii) obtained from a nongovernmental person or entity that obtained the information from a governmental entity; or (iv) obtained from a person licensed, certified, or registered to provide professional services in the Commonwealth, upon which the licensee relies, and the licensee did not (a) have actual knowledge that the information was false or (b) act in reckless disregard of the truth.
§ 54.1-2146. Licensee maintenance of records.
Any document or record required to be maintained by a licensee under this chapter may be an electronic record in accordance with the Uniform Electronic Transactions Act (§ 59.1-479 et seq.).
§ 55-519. Required disclosures.
A. With regard to transfers described in § 55-517, the owner of the residential real property shall furnish to a purchaser a residential property disclosure statement in a form provided by the Real Estate Board stating that the owner makes the following representations as to the real property:
1. The owner makes no representations with respect to the matters set forth and described at a website maintained by the Real Estate Board and that the purchaser is advised to consult this website for important information about the real property; and
2. The owner represents that there are no pending enforcement actions pursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) that affect the safe, decent, sanitary living conditions of the property of which the owner has been notified in writing by the locality, except as disclosed on the disclosure statement, nor any pending violation of the local zoning ordinance that the violator has not abated or remedied under the zoning ordinance, within a time period set out in the written notice of violation from the locality or established by a court of competent jurisdiction, except as disclosed on the disclosure statement.
B. At the website referenced in subdivision A 1, the Real Estate Board shall include language providing notice to the purchaser that by delivering the residential property disclosure statement:
1. The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary including obtaining a certified home inspection, as defined in § 54.1-500, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement on a parcel of residential real property;
2. The owner makes no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel and that purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement on a parcel of residential real property;
3. The owner makes no representations to any matters that pertain to whether the provisions of any historic district ordinance affect the property and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to any historic district designated by the locality pursuant to § 15.2-2306, including review of any local ordinance creating such district or any official map adopted by the locality depicting historic districts, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement on a parcel of residential real property;
4. The owner makes no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act (§ 10.1-2100 et seq.) adopted by the locality where the property is located pursuant to § 10.1-2109 and that purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine whether the provisions of any such ordinance affect the property, including review of any official map adopted by the locality depicting resource protection areas, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement on a parcel of residential real property;
5. The owner makes no representations with respect to information on any sexual offenders registered under Chapter 23 (§ 19.2-387 et seq.) of Title 19.2 and that purchasers are advised to exercise whatever due diligence they deem necessary with respect to such information, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to that contract;
6. The owner represents that there are no pending
enforcement actions pursuant to the Uniform Statewide Building Code (§ 36-97 et
seq.) that affect the safe, decent, sanitary living conditions of the property
of which the owner has been notified in writing by the locality, except as
disclosed on the disclosure statement, nor any pending violation of the local
zoning ordinance which the violator has not abated or remedied under the zoning
ordinance, within a time period set out in the written notice of violation from
the locality or established by a court of competent jurisdiction, except as
disclosed on the disclosure statement;
7. The owner makes no representations with respect to
whether the property is within a dam break inundation zone. Such disclosure
statement shall advise purchasers to exercise whatever due diligence they deem
necessary with respect to whether the property resides within a dam break
inundation zone, including a review of any map adopted by the locality
depicting dam break inundation zones;
87. The owner makes no representations with
respect to the presence of any stormwater detention facilities located on the
property and purchasers are advised to exercise whatever due diligence they
deem necessary to determine the presence of any stormwater detention facilities
on the property, in accordance with terms and conditions as may be contained in
the real estate purchase contract, but in any event, prior to settlement
pursuant to that contract; and
98. The owner makes no representations with
respect to the presence of any wastewater system, including the type or size
thereof or associated maintenance responsibilities related thereto, located on
the property and purchasers are advised to exercise whatever due diligence they
deem necessary to determine the presence of any wastewater system on the
property, in accordance with terms and conditions as may be contained in the
real estate purchase contract, but in any event, prior to settlement pursuant
to that contract.
C. Any buyer who is a party to a real estate purchase contract subject to this section may provide in such contract that the disclosures provided on the Real Estate Board website be printed off and provided to such buyer.
2. That the provisions of §§ 54.1-2135, 54.1-2137, 54.1-2139, and 54.1-2139.1 of this act shall become effective on July 1, 2012.