Virginia salesperson Janet has been working with buyer client Omar for three months under a signed buyer representation agreement. Omar decides to make an offer on a property listed by Janet's own brokerage. Janet explains the dual agency situation, but Omar says he does not want Janet to represent both him and the seller — he wants Janet to represent only him. What option best protects Omar's interests under Virginia law?
Correct Answer
A) The brokerage can assign a different agent to represent the seller as a designated agent, allowing Janet to continue representing only Omar
Under Virginia's designated agency framework (Va. Code § 54.1-2130 et seq.), if the brokerage has a designated agency policy, the broker can assign a different agent within the brokerage to represent the seller exclusively, while Janet continues to represent Omar exclusively. This structure allows Omar to receive full, undivided representation from Janet without requiring dual agency consent. Designated agency is specifically designed to address this type of in-house transaction while preserving each client's right to dedicated representation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.
The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.
The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.
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