What is the correct answer to: In Virginia, the Disclosure of Brokerage Relationship must be provided:

The correct answer is At the time of first substantive contact. Virginia Code § 54.1-2138 specifically requires that licensees provide the Disclosure of Brokerage Relationship form at the time of the first substantive contact with a prospective buyer or seller, defined as any contact where real estate needs, financial qualifications, or motivation are discussed. Providing this disclosure at this early stage ensures the consumer understands the agent's role before any potentially sensitive information is exchanged.

What background knowledge is needed for this Agency question?

Virginia's Disclosure of Brokerage Relationship requirement grew out of the national agency reform movement of the late 1980s and 1990s, when studies revealed that most consumers incorrectly believed buyer's agents were representing them even when they were legally subagents of the seller. The National Association of REALTORS® and ARELLO pushed for mandatory agency disclosure laws across all states, and Virginia responded by enacting robust disclosure requirements under the Virginia Agency Law, which took effect in the 1990s and has been refined since. The concept of 'first substantive contact' was deliberately chosen as the trigger to capture the earliest possible moment of meaningful interaction. Virginia's disclosure form must be signed by the consumer to acknowledge receipt, creating a paper trail that protects both the consumer and the licensee.

What is a good way to remember the answer to this Agency question?

Use the phrase 'FIRST things FIRST in Virginia' — the Disclosure must come FIRST, at FIRST substantive contact. Visualize a Virginia state outline with a large 'FIRST' banner across it, reminding you that disclosure is the very first act before any real estate conversation begins. You can also think of it as a 'name tag rule' — just as you'd introduce yourself before a conversation, Virginia agents must introduce their role before any substantive discussion. When approaching questions about disclosure timing, visualize putting on a seatbelt before driving to remember that disclosures happen before substantive negotiations begin.

What exam tip applies to this Agency question?

When you see 'Disclosure of Brokerage Relationship' in a Virginia question, the answer almost always involves 'first substantive contact' — this is the single most tested fact about Virginia agency disclosure. Watch for distractors like 'at closing' or 'after contract signing' that are designed to exploit confusion between different types of required disclosures. If the question asks about timing, 'first substantive contact' is the correct trigger point under Virginia law.

How does this Agency concept apply in real world practice?

Imagine a Virginia listing agent, Sandra, who receives a call from a prospective buyer, Tom, who asks about a home she has listed. As soon as Tom begins asking questions about the neighborhood, price flexibility, and whether the sellers are motivated — all substantive topics — Sandra must immediately disclose that she represents the seller, not Tom. Sandra provides and explains the Disclosure of Brokerage Relationship form before the conversation goes further, ensuring Tom understands he should not share his maximum budget or personal circumstances with her. This early disclosure allows Tom to decide whether to retain his own buyer's agent before proceeding.

AgencyLegacy_agencyEASY

In Virginia, the Disclosure of Brokerage Relationship must be provided:

Correct Answer

B) At the time of first substantive contact

Virginia requires the Disclosure of Brokerage Relationship form at the time of first substantive contact with a prospective client.

Answer Options

At closing

At the time of first substantive contact

Only if requested

After contract signing

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Seller Agent Duties

The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.

Single Agency

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

Subagency

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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In Virginia, the Disclosure of Brokerage Relationship must be provided:

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