State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-21 > 54-1-2134

§ 54.1-2134. Licensees engaged by tenants.

A. A licensee engaged by a tenant shall:

1. Perform in accordance with the terms of the brokerage relationship;

2. Promote the interests of the tenant by:

a. Seeking a lease at a rent and with terms acceptable to the tenant;however, the licensee shall not be obligated to seek other properties for thetenant while the tenant is a party to a lease or a letter of intent to leaseexists under which the tenant has not yet taken possession, unless agreed toas part of the brokerage relationship, or unless the lease or the letter ofintent to lease so provides;

b. Assisting in the drafting and negotiating of leases, letters of intent tolease, and rental applications, and presenting, in a timely fashion, allwritten offers or counteroffers to and from the tenant and landlord pursuantto § 54.1-2101.1, even when the tenant is already a party to a lease or aletter of intent to lease;

c. Providing reasonable assistance to the tenant to finalize the leaseagreement.

3. Maintain confidentiality of all personal and financial informationreceived from the client during the brokerage relationship and any otherinformation that the client requests during the brokerage relationship bemaintained confidential unless otherwise provided by law or the tenantconsents in writing to the release of such information;

4. Exercise ordinary care;

5. Account in a timely manner for all money and property received by thelicensee in which the tenant has or may have an interest;

6. Disclose to the tenant material facts related to the property orconcerning the transaction of which the licensee has actual knowledge; and

7. Comply with all requirements of this article, fair housing statutes andregulations, and all other applicable statutes and regulations which are notin conflict with this article.

B. Licensees shall treat all prospective landlords honestly and shall notknowingly give them false information. No cause of action shall arise againstany licensee for revealing information as required by this article orapplicable law.

C. A licensee engaged by a tenant in a real estate transaction may provideassistance to the landlord or prospective landlord by performing ministerialacts. Performing such ministerial acts that are not inconsistent withsubsection A shall not be construed to violate the licensee's brokeragerelationship with the tenant unless expressly prohibited by the terms of thebrokerage relationship, nor shall performing such ministerial acts beconstrued to form a brokerage relationship with the landlord or prospectivelandlord.

D. A licensee engaged by a tenant does not breach any duty or obligation tothe tenant by showing properties in which the tenant is interested to otherprospective tenants, whether as clients or customers, by representing othertenants looking for the same or other properties to lease, or by representinglandlords relative to other properties.

E. Licensees shall disclose brokerage relationships pursuant to theprovisions of this article.

(1995, cc. 741, 813; 2006, c. 627.)

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-21 > 54-1-2134

§ 54.1-2134. Licensees engaged by tenants.

A. A licensee engaged by a tenant shall:

1. Perform in accordance with the terms of the brokerage relationship;

2. Promote the interests of the tenant by:

a. Seeking a lease at a rent and with terms acceptable to the tenant;however, the licensee shall not be obligated to seek other properties for thetenant while the tenant is a party to a lease or a letter of intent to leaseexists under which the tenant has not yet taken possession, unless agreed toas part of the brokerage relationship, or unless the lease or the letter ofintent to lease so provides;

b. Assisting in the drafting and negotiating of leases, letters of intent tolease, and rental applications, and presenting, in a timely fashion, allwritten offers or counteroffers to and from the tenant and landlord pursuantto § 54.1-2101.1, even when the tenant is already a party to a lease or aletter of intent to lease;

c. Providing reasonable assistance to the tenant to finalize the leaseagreement.

3. Maintain confidentiality of all personal and financial informationreceived from the client during the brokerage relationship and any otherinformation that the client requests during the brokerage relationship bemaintained confidential unless otherwise provided by law or the tenantconsents in writing to the release of such information;

4. Exercise ordinary care;

5. Account in a timely manner for all money and property received by thelicensee in which the tenant has or may have an interest;

6. Disclose to the tenant material facts related to the property orconcerning the transaction of which the licensee has actual knowledge; and

7. Comply with all requirements of this article, fair housing statutes andregulations, and all other applicable statutes and regulations which are notin conflict with this article.

B. Licensees shall treat all prospective landlords honestly and shall notknowingly give them false information. No cause of action shall arise againstany licensee for revealing information as required by this article orapplicable law.

C. A licensee engaged by a tenant in a real estate transaction may provideassistance to the landlord or prospective landlord by performing ministerialacts. Performing such ministerial acts that are not inconsistent withsubsection A shall not be construed to violate the licensee's brokeragerelationship with the tenant unless expressly prohibited by the terms of thebrokerage relationship, nor shall performing such ministerial acts beconstrued to form a brokerage relationship with the landlord or prospectivelandlord.

D. A licensee engaged by a tenant does not breach any duty or obligation tothe tenant by showing properties in which the tenant is interested to otherprospective tenants, whether as clients or customers, by representing othertenants looking for the same or other properties to lease, or by representinglandlords relative to other properties.

E. Licensees shall disclose brokerage relationships pursuant to theprovisions of this article.

(1995, cc. 741, 813; 2006, c. 627.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-54-1 > Chapter-21 > 54-1-2134

§ 54.1-2134. Licensees engaged by tenants.

A. A licensee engaged by a tenant shall:

1. Perform in accordance with the terms of the brokerage relationship;

2. Promote the interests of the tenant by:

a. Seeking a lease at a rent and with terms acceptable to the tenant;however, the licensee shall not be obligated to seek other properties for thetenant while the tenant is a party to a lease or a letter of intent to leaseexists under which the tenant has not yet taken possession, unless agreed toas part of the brokerage relationship, or unless the lease or the letter ofintent to lease so provides;

b. Assisting in the drafting and negotiating of leases, letters of intent tolease, and rental applications, and presenting, in a timely fashion, allwritten offers or counteroffers to and from the tenant and landlord pursuantto § 54.1-2101.1, even when the tenant is already a party to a lease or aletter of intent to lease;

c. Providing reasonable assistance to the tenant to finalize the leaseagreement.

3. Maintain confidentiality of all personal and financial informationreceived from the client during the brokerage relationship and any otherinformation that the client requests during the brokerage relationship bemaintained confidential unless otherwise provided by law or the tenantconsents in writing to the release of such information;

4. Exercise ordinary care;

5. Account in a timely manner for all money and property received by thelicensee in which the tenant has or may have an interest;

6. Disclose to the tenant material facts related to the property orconcerning the transaction of which the licensee has actual knowledge; and

7. Comply with all requirements of this article, fair housing statutes andregulations, and all other applicable statutes and regulations which are notin conflict with this article.

B. Licensees shall treat all prospective landlords honestly and shall notknowingly give them false information. No cause of action shall arise againstany licensee for revealing information as required by this article orapplicable law.

C. A licensee engaged by a tenant in a real estate transaction may provideassistance to the landlord or prospective landlord by performing ministerialacts. Performing such ministerial acts that are not inconsistent withsubsection A shall not be construed to violate the licensee's brokeragerelationship with the tenant unless expressly prohibited by the terms of thebrokerage relationship, nor shall performing such ministerial acts beconstrued to form a brokerage relationship with the landlord or prospectivelandlord.

D. A licensee engaged by a tenant does not breach any duty or obligation tothe tenant by showing properties in which the tenant is interested to otherprospective tenants, whether as clients or customers, by representing othertenants looking for the same or other properties to lease, or by representinglandlords relative to other properties.

E. Licensees shall disclose brokerage relationships pursuant to theprovisions of this article.

(1995, cc. 741, 813; 2006, c. 627.)