Changes to Agency Law in the Commonwealth of Virginia

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Nesbitt Realty is licensed in Virginia.
Virginia replaced the common law of agency with legislation that governs agency relationships in Virginia. The principal broker is responsible to ensure compliance with Virginia agency obligations, including keeping records of specified agency disclosures and following various duties owed to clients and customers. However, both the principal broker and any salesperson or associate broker may be disciplined for violating Virginia Agency Law. A Virginia agency relationship begins when a client engages a licensee. An agency terminates when the parties complete the objectives of the representation, or mutually agree to terminate the relationship. The relationship may also terminate where a party defaults or the client refuses to consent to a disclosed dual representation. Virginia licensees may provide brokerage services as a Standard Agent, an Independent Contractor, or a Limited Service Representative. Brokers may establish a limited service agency with clients only by so stating in the brokerage agreement, and obtaining the client's written consent. If the brokerage agreement does not explicitly identify the licensee as a limited service representative, the limited service representative will be presumed to be acting as an independent contractor of the client. The limited service representative must disclose the following in the brokerage agreement:
Will Nesbitt
Will Nesbitt
  • That the licensee is acting as a limited service representative.
  • A list of the specific services that the licensee will provide to the client.
  • A list of the specific duties required of a standard agent that the limited service representative will NOT provide to the client.
Nesbitt Realty is generally a full-service brokerage but we can act in a limited-service capacity by request. These initial disclosures must be conspicuous and printed either in bold lettering or all capitals, and must be underlined or in a separate box. The Virginia Legistlature suggests the following language to include with these initial disclosures:
BY ENTERING INTO THIS BROKERAGE AGREEMENT, THE UNDERSIGNED DO HEREBY ACKNOWLEDGE THEIR INFORMED CONSENT TO THE LIMITED SERVICE REPRESENTATION BY THE LICENSEE AND DO FURTHER ACKNOWLEDGE THAT NEITHER THE OTHER PARTY TO THE TRANSACTION NOR ANY REAL ESTATE LICENSEE REPRESENTING THE OTHER PARTY IS UNDER ANY LEGAL OBLIGATION TO ASSIST THE UNDERSIGNED WITH THE PERFORMANCE OF ANY DUTIES AND RESPONSIBILITIES OF THE UNDERSIGNED NOT PERFORMED BY THE LIM­ITED SERVICE REPRESENTATIVE.
Virginia Law imposes specific obligations and duties on all standard agents with regard to: sellers, landlords, and tenants that standard agents represent in the sale or rental of property (seller clients and landlord/tenant clients); prospective buyers of property listed with a standard agent that the standard agent does not represent (buyer customer); and buyers that standard agents do represent in the location and purchase of property (buyer clients). Read more about Nesbitt Realty's services and commitments to
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Will Nesbitt

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Will is the principal broker of Nesbitt Realty and Condo Alexandria. He is licensed in anywhere in the Commonwealth of Virginia, but focuses on those communities found in and around Alexandria, Arlington, Mount Vernon and Springfield/Franconia. Will has been involved in real estate management, sales and investment for more than twenty years. He is a veteran of the U.S. Army. While in the army, he studied Russian at Monterey's Defense Language Institute. He is also a "veteran of the dotcom wars" and built most of the sites associated with NesbittRealty.com Will currently resides in Belle Haven Estates just outside Old Town, overlooking New Alexandria. He is a former president of the Mount Vernon Youth Athletic Association and founded the Alexandria Fun with Friends Group. Will is the author of BattlestorM, a tabletop fantasy game, which was published by Ral Partha Publishing in the late '90's, and Arthur's Realm, a boardgame available at the Gamecrafter.