As you are all hopefully aware by now, April 1st will see the launch of new and updated real estate regulations from DPOR (no, we promise this isn’t a joke). Reg review is supposed to happen every four years, but COVID had other ideas for this review and, as a result, it’s been almost 10 years since there has been a complete review of the real estate regulations. In addition, former Governor Younkin issued an executive order directing that the regs be reduced by 25%, which is reflected in the new regulations. 

The biggest change in the regulations is that they are now more streamlined, complying with the 25% reduction mandate. For a lot of the regulations, that means that instead of listing a bunch of duties or requirements, they now simply refer to the Virginia Code. That’s particularly true in one of the biggest updates, the Duties of the Supervising Broker. This section (18VAC135-20-165) was very long and contained lots of information, including what duties were allowed for both licensed and unlicensed assistants. The section now mostly references Section 54.1-2110.1 of the Code to establish the duties of a broker. Importantly, that list of licensed/unlicensed activities has been moved to a brand-new section, 18VAC135-20-335. 

The list of activities is pretty much exactly the same as before. Only licensees can do things like show property, answer questions on leases, or negotiate fees. Unlicensed assistants can still do things like perform general clerical duties, accept security deposits, and order routine repairs. Importantly for unlicensed assistants (and you), one thing that has changed is that unlicensed assistants may now receive payment based on a per-transaction basis. If you want to compensate your assistants per lease or per door that you manage, you will be allowed to do so. 

Another big change is that a principal broker no longer has to report an agent’s escrow violation within three business days or face a violation for him or herself. You still must exercise supervision over your agents and their handling of escrow payments, but the three-day timeline is no longer in place. 

There are many more updates to the regs that we don’t have time to discuss in this blog. Luckily for you, we have a dedicated website to the regulatory changes. Visit https://virginiarealtors.org/law-ethics/new-real-estate-regulations-2026/ to watch a replay of our webinar, review a redline copy of the regs, and much more.