Key Takeaways

  • Virginia requires written disclosure of brokerage relationships at the first substantive discussion about specific real property
  • Virginia recognizes three types of relationships: standard agent, limited service agent, and independent contractor
  • A written brokerage agreement is required to establish a client relationship in Virginia
  • Virginia law requires disclosure of agency relationships using the Disclosure of Brokerage Relationship form
  • Dual agency is permitted in Virginia with written consent from all parties
Last updated: January 2026

Virginia Agency Relationships

Important: This content covers Virginia-specific agency law. You should complete the National Real Estate Exam Prep first, as agency concepts are also tested on the national portion.

Virginia real estate agency law is governed by the Virginia Real Estate Board regulations and the disclosure requirements set forth in the Virginia Code.

Key Definitions

TermDefinition
ClientParty who has entered into a written brokerage agreement with a licensee
CustomerParty not represented by the licensee but to whom ministerial acts may be provided
Standard AgentLicensee with full fiduciary duties to the client
Limited Service AgentLicensee with reduced duties as specified in the agreement
Independent ContractorStatus unrelated to agency; refers to employment relationship

Creating Agency Relationships

In Virginia, a written brokerage agreement is required to establish a client relationship. Key requirements:

  • Must be in writing and signed by both licensee and client
  • Must specify the type of representation
  • Must disclose the licensee's duties and obligations
  • Must describe compensation arrangements

Exam Tip: Without a written brokerage agreement, a person is a customer, not a client, and is owed only limited duties.

Client vs. Customer

Client Relationship

  • Created by written brokerage agreement
  • Licensee owes fiduciary duties
  • Licensee represents the client's interests
  • Confidential information is protected

Customer Relationship

  • No written brokerage agreement
  • Licensee performs only ministerial acts
  • No fiduciary duties owed
  • Honesty and fair dealing required

Ministerial Acts for customers include:

  • Providing property information
  • Scheduling showings
  • Writing and presenting offers (as directed)
  • Answering factual questions

Required Disclosures

First Substantive Discussion

At the first substantive discussion about a specific property, licensees must provide the Disclosure of Brokerage Relationship form.

First substantive discussion is defined as discussion about:

  • A specific property
  • Specific terms for a potential transaction
  • Specific needs regarding price, location, or features

What is NOT a Substantive Discussion

  • General conversation about the market
  • Providing brochures or MLS listings
  • Answering general questions about an open house

Types of Agency Relationships

Standard Agent

A standard agent provides full fiduciary duties:

DutyDescription
LoyaltyPut client's interests first
ObedienceFollow lawful instructions
DisclosureReveal all material information
ConfidentialityProtect private information
AccountingHandle funds properly
Reasonable CareAct competently and diligently

Limited Service Agent

A limited service agent provides reduced services as specified in the agreement:

  • Must clearly state which duties are limited
  • Client must agree in writing to the limitations
  • Common limitations include reduced marketing, limited availability
  • Cannot limit disclosure of material facts or agency duties

Duties Owed to All Parties

Regardless of representation, licensees owe ALL parties:

  1. Honest dealing - No fraud or misrepresentation
  2. Disclosure of material adverse facts about property condition
  3. Timely presentation of all written offers
  4. Accurate accounting of funds
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Virginia Agency Relationships
Test Your Knowledge

When must a Virginia licensee provide the Disclosure of Brokerage Relationship form?

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B
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D
Test Your Knowledge

In Virginia, what is required to establish a client relationship?

A
B
C
D