Upon the death or disability of a licensed real estate broker who was engaged in a proprietorship or who was the only licensed broker in a business entity listed in clause (i) of subsection A of § 54.1-2106.1, the Real Estate Board shall grant approval to carry on the business of the deceased or disabled broker for 180 days following the death or disability of the broker solely for the purpose of concluding the business of the deceased or disabled broker in the following order:
1. A personal representative qualified by the court to administer the deceased broker's estate.
2. If there is no personal representative qualified pursuant to subdivision 1, then an agent designated under a power of attorney of the disabled or deceased broker, which designation expressly references this section.
3. If there is no agent designated pursuant to subdivision 2, the executor nominated in the deceased broker's will.
4. If there is no executor nominated pursuant to subdivision 3, then an adult family member of the disabled or deceased broker.
5. If there is no adult family member nominated pursuant to subdivision 4, then an employee of, or an independent contractor affiliated with, the disabled or deceased broker.
In the event none of the foregoing is available or suitable, the Board may appoint any other suitable person to terminate the business within 180 days.
1984, c. 283, § 54-731.3; 1988, c. 765; 2014, cc. 24, 705; 2019, cc. 179, 395; 2020, c. 383.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents
§ 54.1-2101. Real estate salesperson defined
§ 54.1-2101.1. Preparation of real estate contracts by real estate licensees; translation
§ 54.1-2103. Exemptions from chapter
§ 54.1-2104. Real Estate Board; membership; chairman; seal
§ 54.1-2105.01. Educational requirements for all salespersons within one year of licensure
§ 54.1-2105.02. Regulation of real estate education providers and courses
§ 54.1-2105.03. Continuing education; relicensure of brokers and salespersons
§ 54.1-2105.04. Education requirements; reactivation of licenses; waiver
§ 54.1-2105.1. (Effective until January 1, 2023) Other powers and duties of the Real Estate Board
§ 54.1-2105.1. (Effective January 1, 2023) Other powers and duties of the Real Estate Board
§ 54.1-2105.2. Cease and desist orders for unlicensed activity; civil penalty
§ 54.1-2106.1. Licenses required
§ 54.1-2106.2. Certification of audit on renewal of firm or sole proprietorship license
§ 54.1-2107. Certain action to constitute real estate broker or salesperson
§ 54.1-2108. Protection of escrow funds, etc., held by broker
§ 54.1-2109. (Effective until January 1, 2023) Death or disability of a real estate broker
§ 54.1-2109. (Effective January 1, 2023) Death or disability of a real estate broker
§ 54.1-2110. Resident broker to maintain place of business in Virginia
§ 54.1-2110.1. Duties of supervising broker
§ 54.1-2111. Consent to suits and service of process by nonresidents; manner of service
§ 54.1-2111.1. Voluntary compliance program; real estate brokers
§ 54.1-2113. Establishment and maintenance of fund, duty of Director, assessments of regulants
§ 54.1-2114. Recovery from fund generally
§ 54.1-2116. Limitations upon recovery from fund; certain actions not a bar to recovery
§ 54.1-2117. Participation by Board in proceedings
§ 54.1-2118. Payment of claim; assignment of claimant's rights to Board
§ 54.1-2119. Revocation of license of regulant upon payment from fund
§ 54.1-2120. No waiver by Board of disciplinary action against regulant
§ 54.1-2131. Licensees engaged by sellers
§ 54.1-2132. Licensees engaged by buyers
§ 54.1-2133. Licensees engaged by landlords to lease property
§ 54.1-2134. Licensees engaged by tenants
§ 54.1-2135. Licensees engaged to manage real estate
§ 54.1-2136. Preconditions to brokerage relationship
§ 54.1-2137. Commencement and termination of brokerage relationships
§ 54.1-2138. Disclosure of brokerage relationship in residential real estate transactions
§ 54.1-2138.2. Duty to disclose ownership interest in specific real property
§ 54.1-2140. Compensation shall not imply brokerage relationship
§ 54.1-2141. Brokerage relationship not created by using common source information company
§ 54.1-2142. Liability; knowledge not to be imputed
§ 54.1-2142.1. Liability for false information
§ 54.1-2143. Real estate board regulations to be consistent
§ 54.1-2144. Common law abrogated