Code of Virginia
Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents
§ 54.1-2138.1. Limited service agent in a residential real estate transaction, contract disclosure required

A. A licensee may act as a limited service agent in a residential real estate transaction only pursuant to a written brokerage agreement in which the limited service agent (i) discloses that the licensee is acting as a limited service agent; (ii) provides a list of the specific services that the licensee will provide to the client; and (iii) provides a list of the specific duties of a standard agent set out in subdivision A 2 of § 54.1-2131, subdivision A 2 of § 54.1-2132, subdivision A 2 of § 54.1-2133, or subdivision A 2 of § 54.1-2134, as applicable, that the limited service agent will not provide to the client. Such disclosure shall be conspicuous and printed either in bold lettering or all capitals, and shall be underlined or in a separate box. In addition, a disclosure that contains language that complies substantially in effect with the following shall be deemed in compliance with this disclosure requirement:
"By entering into this brokerage agreement, the undersigned do hereby acknowledge their informed consent to the limited service agent in a residential real estate transaction by the licensee and do further acknowledge that neither the other party to the transaction nor any real estate licensee representing the other party is under any legal obligation to assist the undersigned with the performance of any duties and responsibilities of the undersigned not performed by the limited service agent."
A limited service agent shall disclose dual agency in accordance with § 54.1-2139.
B. A licensee engaged by one client to a residential real estate transaction and dealing with an unrepresented party or with a party represented by a limited service agent and who, without additional compensation, provides such other party information relative to the transaction or undertakes to assist such other party in securing a contract or with such party's obligations thereunder, shall not incur liability for such actions except in the case of gross negligence or willful misconduct. A licensee does not create a brokerage relationship by providing such assistance or information to the other party to the transaction. A licensee dealing with a client of a limited service agent may enter into an agreement with that party for payment of a fee for services performed or information provided by that licensee. Such payment shall not create a brokerage relationship; however, the licensee providing such services or information for a fee shall be held to the ordinary standard of care in the provision of such services or information.
2006, c. 627; 2012, c. 750; 2016, c. 334.

Structure Code of Virginia

Code of Virginia

Title 54.1 - Professions and Occupations

Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents

§ 54.1-2100. Definitions

§ 54.1-2101. Real estate salesperson defined

§ 54.1-2101.1. Preparation of real estate contracts by real estate licensees; translation

§ 54.1-2102. Repealed

§ 54.1-2103. Exemptions from chapter

§ 54.1-2104. Real Estate Board; membership; chairman; seal

§ 54.1-2105. General powers of Real Estate Board; regulations; educational and experience requirements for licensure

§ 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. Repealed

§ 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

§ 54.1-2108.1. Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits

§ 54.1-2108.2. Protection of escrow funds, etc., held by a real estate broker in the event of termination of a real estate purchase contract

§ 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

§ 54.1-2112. Definitions

§ 54.1-2113. Establishment and maintenance of fund, duty of Director, assessments of regulants

§ 54.1-2114. Recovery from fund generally

§ 54.1-2115. Investigations

§ 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

§ 54.1-2130. Definitions

§ 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

§ 54.1-2138.1. Limited service agent in a residential real estate transaction, contract disclosure required

§ 54.1-2138.2. Duty to disclose ownership interest in specific real property

§ 54.1-2139. Disclosed dual agency and dual representation authorized in a residential real estate transaction

§ 54.1-2139.01. Disclosed dual agency and dual representation in commercial real estate transactions authorized

§ 54.1-2139.1. Designated standard agency or designated representation authorized in a residential real estate transaction

§ 54.1-2139.2. Repealed

§ 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

§ 54.1-2145. Article does not limit antitrust laws

§ 54.1-2146. Licensee maintenance of records