Virginia Code 54.1-2135: Licensees engaged to manage real estate.
A. A licensee engaged to manage real estate shall:
Terms Used In Virginia Code 54.1-2135
- 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. See Virginia Code 54.1-2130
- Client: means a person who has entered into a brokerage relationship with a licensee. See Virginia Code 54.1-2130
- Commercial real estate: means any real estate other than (i) real estate containing one to four residential units or (ii) real estate classified for assessment purposes under § Virginia Code 54.1-2130
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Licensee: means real estate brokers and salespersons as defined in Article 1 (§ Virginia Code 54.1-2130
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property management agreement: means the written agreement between a property manager and the owner of real estate for the management of the real estate. See Virginia Code 54.1-2130
- real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
- Residential real estate: means real property containing from one to four residential dwelling units and the sale of lots containing one to four residential dwelling units. See Virginia Code 54.1-2130
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
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 for residential real estate transactions as applicable, 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. If a licensee has actual knowledge of the existence of defective drywall in a residential property, the licensee shall disclose the same to the owner. For purposes of this section, “defective drywall” means all defective drywall as defined in § 36-156.1.
E. Property management agreements in residential real estate transactions 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.
F. The provisions of this section shall not apply to licensees engaged in commercial real estate transactions.