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Under Virginia law, which of the following best describes the legal status of a licensee who shows properties to a buyer, provides information about neighborhoods, and assists in drafting an offer, but has NOT entered into a written buyer representation agreement?

Correct Answer

D) The licensee is acting as a licensee representing the seller unless a buyer representation agreement has been signed

Under Virginia's agency law framework (Va. Code § 54.1-2130 et seq.), without a written buyer representation agreement, a licensee who is affiliated with a listing firm is presumed to represent the seller. Performing services such as showing properties or helping draft an offer does not automatically create a buyer agency relationship in Virginia; a written agreement is required to establish buyer representation.

Answer Options
A
The licensee is automatically a buyer's agent because they are performing buyer's agent duties
B
The licensee is acting as a seller's subagent and owes full fiduciary duties to the seller
C
The licensee is a standard agent representing the buyer with all fiduciary duties attached
D
The licensee is acting as a licensee representing the seller unless a buyer representation agreement has been signed

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Related Topics & Key Terms

Key Terms:

buyer_representationagency_statuswritten_agreementvirginia_agency_law

Related Concepts

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

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.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

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