In this blog we’re going to take a superficial look at the law and answer some basic questions.

When do I need an agency agreement with a buyer?

The new laws enacted July 1st, 2025 made some changes to agency agreements. Listing agents and property managers do not need an agency agreement with a prospective buyer or tenant to show a property if they are showing the property for the seller/landlord.

Selling agents and tenant agents do need an agency agreement to represent their clients even if they are just showing a house. In other words, the exception where you didn’t need one to show a house has been removed. However, you do not need an agency agreement to prepare property specific materials with a customer. An example of this is when you print out the materials in the MLS to speak with a customer about potentially retaining you for your services.

When do I need to make the disclosure to an unrepresented party?

Section § 54.1-2138 is the relevant statute for when and to whom you must disclose. It reads that you must disclose who you represent upon having a substantive discussion about a specific property with a potential buyer or seller who is not represented by another licensee.

Let’s go through a few examples. 

You’re the listing agent and an unrepresented buyer comes to your open house.

Do you need an agency agreement to allow the buyer to see the house? No, they are not your prospective client, you are showing the house on behalf of your seller client. Do you need a disclosure of brokerage relationship? Yes, you must disclose that you represent the seller to any unrepresented party.

You’re the listing agent and a buyer comes to your open house but says they are represented by Agent B. Agent B is not present.

Do you need an agency agreement? No, the buyer is already represented by Agent B.
Do you need a disclosure of brokerage relationship? No, the buyer is represented so there is no requirement to make a disclosure of agency.  Should you disclose? Preferably, yes, you should still disclose that you represent the seller.

Now for the twist. You’re the listing agent; your seller indicated in the listing agreement that they would be interested in dual agency. A buyer comes to your open house and asks if you could also represent them as a dual agent. This is where it gets technical.

The correct way to do this is you must first disclose your brokerage relationship to the unrepresented buyer. Then before anything requiring your services happens with that buyer, both parties must sign the dual agency disclosure, because dual agency can only begin once both parties sign the disclosure. The wrong way to do this is to send a contract to the seller with a disclosure of dual agency.

Remember, if you have any questions, please reach out to us on the Virginia REALTORS® Legal Hotline.