Does Virginia require a real estate agent to prepare a representation agreement before showing a buyer a home?
The following differs from the October 2024 lawsuits/settlements.
Yes. Virginia Code § 54.1-2132 (titled “Licensees Engaged by Buyers.”)
“A. A licensee engaged by a buyer shall:
1. Enter into a brokerage agreement with the potential buyer before showing the property to such potential buyer;”
Has a copper Do you need to sign a representation agreement before viewing a property?
Well no, the copper not, but the intermediary do. I think that’s called a Catch-22.
Each agent has different business practices, but the Code of Virginia should apply equally to all agents.
What to do Me, Jim Duncan, the real estate agent Doing?
I have been working with written buyer representation agreements for decades, well before the settlements and before 2012.
In short, before I provide specific real estate guidance and advice, as a real estate agent (agent is a branding/marketing term, not a licensing type), I must have the brokerage relationship in writing.
The same applies to any broker relationship (both buyer and seller). Virginia Code § 54.1-2137 which states:
- Subsection B: “Except as otherwise provided in this section, a licensee shall enter into a brokerage agreement with a prospective client before providing brokerage services.”
- And subsection A of §54.1?2132 and the historical citation confirm that the law change took effect in 2012.
Having a written representation agreement, regardless of the law, is a best practice; this defines my relationship with my client, and my client’s relationship with me.
*Note: I am not a lawyer. I am one real estate agent. I’ll write about this topic in my November 2025 Monthly note. I suspect I will be sharper and more opinionated there.
Do you have a question or comment?
#signing #buyer #representation #agreements