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Legality Regarding Buyer Brokerage Form Prior to Showings in VA

Updated: Nov 8, 2023

If you are ready to do showings or have questions that I am not legally allowed to answer without a buyer brokerage, I recommend that we sign a buyer brokerage agreement (BBA) prior to showings and my responses to certain questions to conform properly with the law as long as your intent is to buy.

Please keep in mind that I am not an attorney and that interpretations regarding these issues vary, so it is best in my opinion to see quotes with references on the issues. Here are the options & other details for the buyer brokerage agreement.

Above image courtesy Virginia Realtors Association

Basics Quoted

As laid out in VA codes54.1-2130 &54.1-2137, further detailed in this document from titled, "Guidance Document on necessity for brokerage agreement", "Is the party looking for the licensee to provide advice and counsel requiring the licensee to exercise his judgment or discretion for the purpose of procuring a seller... ready, able, and willing to sell...real estate? If so, this would require a written brokerage agreement."

The document further states, "showing a house may be ministerial if the licensee takes the party to see what the typical features are in homes in the market area or to gather information on the market or area. However, if the party asks the licensee to show him real estate because his intent is to have the licensee procure someone who is ready, able and willing to sell... real estate then a brokerage relationship exists requiring a written brokerage agreement."

Law made in July 2012

Virginia Association of Realtors brief explanation

When do I not have to sign a buyer brokerage agreement?

Court case examples

Additional Required Disclosures

Other States

When to terminate a buyer brokerage agreement

How to terminate a buyer brokerage agreement

What to do if a buyer's agent terminates their buyer brokerage agreement with you or refuses to sign a buyer brokerage agreement with you/work with you.

Legal Duties of Buyer’s Agents

Not Having the Right Buyer's Agent Could Cost You

What's Required in a Buyer Brokerage Agreement

Looking Into Things Further

What others have said about the buyer brokerage agreement law

"NOTE: This information is provided as a resource and does not constitute legal advice. The applicable Virginia Code sections should be consulted before taking any action based on this information, which is intended solely to provide an abridged overview... The entire Code of Virginia is accessible online and searchable at . You should retain the services of an attorney if you need legal advice or representation (DPOR)."


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