As used in this chapter:
"Branch office" means any place of business of a principal broker in the Commonwealth that is not his primary place of business.
"Distance learning" means instruction delivered by an approved provider through a medium other than a classroom setting. Such courses shall be those offered by an accredited institution of higher education, high school offering adult distributive education courses, other school or educational institution, or real estate professional association or related entities.
"Place of business" means a location where the principal broker, or individuals or business entities employed by or affiliated as an independent contractor with the principal broker, regularly transacts the business of a real estate broker or salesperson. The primary place of business is the physical address provided on the firm license application form submitted to the Real Estate Board.
"Real estate broker" means any individual or business entity, including a partnership, association, corporation, or limited liability company, who, for compensation or valuable consideration, (i) sells or offers for sale, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, including units or interest in condominiums, cooperative interest as defined in § 55.1-2100, or time-shares in a time-share program even though they may be deemed to be securities; (ii) leases or offers to lease, or rents or offers for rent, any real estate or the improvements thereon for others; or (iii) sells or offers to sell, buys or offers to buy, negotiates, or otherwise deals in real estate contracts, including assignable contracts, on two or more occasions in any 12-month period.
"Real estate salesperson" means any individual or business entity who is employed either directly or indirectly by, or affiliated as an independent contractor with, a real estate broker to perform the duties of a real estate broker for compensation or valuable consideration.
"Real estate team" means two or more individuals, one or more of whom is a real estate salesperson or broker, who (i) work together as a unit within the same brokerage firm, (ii) represent themselves to the public as working together as one unit, and (iii) designate themselves by a fictitious name.
"Supervising broker" means a real estate broker who has been designated by a principal broker to supervise the provision of real estate brokerage services by associate brokers and salespersons assigned to a branch office or a real estate team.
Code 1950, § 54-730; 1974, c. 409; 1982, c. 440; 1984, c. 283; 1988, c. 765; 1996, c. 993; 2001, c. 548; 2007, c. 809; 2018, cc. 223, 224; 2024, cc. 327, 352, 459, 621.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1989–2024 · leading case:
Murray v. Hadid, 385 S.E.2d 898 (Va. 1989).
Murray v. Hadid, 385 S.E.2d 898 (Va. 1989).
· cites it 4× “On March 1, 1987, the trial court heard argument on the motion for summary judgment and ruled that the Murrays could not recover under the quantum meruit claim because they had acted illegally under Code §§ 54.1-2100 through 54.1-2120. On the fraud claim, however, the trial…”
Virginia Real Est. Bd. v. Clay, 384 S.E.2d 622 (Va. Ct. App. 1989).
· cites it 2× “See Code § 54.1-2100 et seq. However, for this opinion references will be to Title 54 under which the case arose.”
Lindsay v. McEnearney Assocs., Inc., 531 S.E.2d 573 (Va. 2000).
· cites it 3× “” Code § 54.1-2100 defines real estate broker as “any person or business entity, including, but not limited to, a partnership, association, corporation, or limited liability corporation, who, for compensation or valuable consideration (i) sells or offers for sale, buys or offers…”
Com., Dept. of Prof'l v. Lancaster, 613 S.E.2d 828 (Va. Ct. App. 2005).
· cites it 2× “Code § 54.1-2100 to § 54.1-2111. Between June 1999 through August 2000, the Lancasters represented Alice Mann, an elderly woman, in various capacities in connection with properties in the City of Chesapeake.”
Pardoe & Graham Real Est., Inc. v. Schulz Homes Corp., 525 S.E.2d 284 (Va. 2000).
· cites it 4× “” Further, while Code §§ 54.1-2100 and -2101 define the terms “real estate broker” and “real estate salesperson” in the context of statutory provisions regulating those occupations, the term “real estate” also is not defined in Title 54.”
Gerald Terry v. SunTrust Banks, Inc., 493 F. App'x 345 (4th Cir. 2012).
“Va.Code Ann. § 54.1-2100. The statute expressly excludes from the definition the following: attorneys acting in the performance of their duties; trustees, administrators or executors; auctioneers; property management companies; and owners or lessors of property acting “in the…”
Bryant Real Est., Inc. v. Toll Bros., 106 F. App'x 182 (4th Cir. 2004).
“See Va.Code Ann. §§ 54.1-2100 to 2144. There was only one contract involved in this case — a promise to pay a brokerage fee in return for brokerage services if Toll purchased the property.”
Smith v. Nonken, 53 Va. Cir. 187 (Shenandoah Cir. Ct. 2000).
· cites it 2× “Virginia Code § 54.1-2100 allowed a corporation to hold a broker’s license; however, § 54.”
Sun Hotel, Inc. v. SummitBridge Credit Investments III, L.L.C., 86 Va. Cir. 189 (Fairfax Cir. Ct. 2013).
“The Virginia Supreme Court held that, because the Statute of Frauds required that the contract be in writing because it was an “ ‘agreement or contract for services to be performed in the sale of real estate by a party defined in § 54.1-2100 or § 54.1-2101,’ any modification to…”
Rowland v. Transworld Sys., Inc., No. 3:23-cv-00258 (E.D. Va. Sept. 30, 2024).
· cites it 2× “1-2100 et seq.) of Title 54.1[.] 21 The Amended Complaint asserts that the unauthorized practice of law is “prohibited by VC[P]A §59.”
Winesett v. Edwards-Soblotne, 90 Va. Cir. 269 (Norfolk Cir. Ct. 2015).
· cites it 2× “In Count III, she asserts a similar claim against her real estate agent (Buyer’s agent), alleging that the agent failed to disclose known material adverse facts in violation of Virginia Code § 54.1-2132(A)(6) and § 54.”
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