Skip to content
ClosingCodeClosingCode
ENES

Virginia · Code §54.1-2137Virginia brokerage agreement: in writing before brokerage services

A Virginia licensee must enter into a written brokerage agreement with a prospective client before providing brokerage services – including with a buyer (Code of Virginia §54.1-2137, amended in 2025). The agreement needs a definite termination date (if none is stated, it ends 90 days after signing), the amount of the brokerage fee and how and when it is paid, the services, any other agreed terms and, for dual representation, the required disclosures. Preparing property-specific materials to win the client does not require an agreement yet.

The rules

  1. Before services (§54.1-2137(B))

    A brokerage agreement is required before providing brokerage services; not before preparing property-specific materials to obtain the client.

  2. Termination date (C)(1)

    A definite termination date; without one, the agreement ends 90 days after its date.

  3. Fee and services (C)(2)–(3)

    The amount of brokerage fees and how and when they are paid, and the services to be rendered.

  4. Dual representation (C)(5)

    When the client consents to dual representation, the disclosures of §54.1-2139(A).

After the agreement ends (D)

  • The licensee still accounts for all money and property of the relationship.
  • Personal and financial information and anything the client asked to keep confidential stays confidential unless the law or the client's written consent says otherwise.

What the TC tracks

  • Signed brokerage agreement before the first showing or offer work.
  • Its termination date – or 90 days from signing – as a task.
  • Dual representation disclosures when they apply.

Questions about the Virginia brokerage agreement

Do Virginia buyers have to sign a brokerage agreement?

Yes. A licensee must enter into a written brokerage agreement with a prospective client before providing brokerage services (§54.1-2137(B)).

How long does a Virginia brokerage agreement last if no date is given?

90 days after the date of the agreement (§54.1-2137(C)(1)).

What must a Virginia brokerage agreement state?

A termination date, the fee and how and when it is paid, the services, other agreed terms and, for dual representation, the required disclosures.

Related guides

Keep the brokerage agreement with the deal in ClosingCode and set its termination date as a task with an owner.

Start free trial

Source: Code of Virginia §54.1-2137, as amended in 2025 (law.lis.virginia.gov, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.