1. A. The following activities may only be performed by an individual or business entity licensed in accordance with this chapter:

   1. 1. Showing property;
   2. 2. Holding an open house;
   3. 3. Answering questions on listings, title, financing, closing, contracts, brokerage agreements, and legal documents;
   4. 4. Discussing, explaining, interpreting, or negotiating a contract, listing, lease agreement, or property management agreement with anyone outside the firm; and
   5. 5. Negotiating or agreeing to any commission, commission split, management fee, or referral fee.

2. B. The following activities may be performed by an unlicensed individual or entity:

   1. 1. Performing general clerical duties, including answering telephones, responding by electronic media, and providing information shown on the listing;
   2. 2. Submitting listings and changes to MLS;
   3. 3. Following up on loan commitments after contracts have been ratified;
   4. 4. Having keys made for listings;
   5. 5. Computing commission checks;
   6. 6. Placing signs on properties;
   7. 7. Acting as a courier service;
   8. 8. Scheduling appointments;
   9. 9. Recording and depositing escrow funds;
   10. 10. Accepting security deposits, periodic rent, and other payments as contracted for in a rental agreement;
   11. 11. Preparing contract forms for approval of the licensee and supervising broker;
   12. 12. Accepting and signing broker-approved rental agreements, state or federal required disclosures, and any documents required for compliance with Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia related to a rental transaction;
   13. 13. Preparing promotional materials and advertisements for approval of the licensee and supervising broker;
   14. 14. Assembling closing documents;
   15. 15. Obtaining required public information from governmental entities;
   16. 16. Monitoring license and personnel files;
   17. 17. Ordering routine repairs as directed by licensee; and
   18. 18. Performing any other activities undertaken in the regular course of business for which a license is not required.

Statutory Authority

§§ 54.1-201 and 54.1-2105 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.