“When should a listing agent disclose representation?”
August 18, 2026
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: “I’m representing a seller. During the course of my communications with prospective buyers, when do I need to disclosure the brokerage relationship I have with my client?”
A: Disclosure of your brokerage relationship must be made upon having a substantive discussion about a specific property with an actual or prospective buyer who is not your client and who is not represented by another licensee. Virginia Code § 54.1-2138 says that the disclosure must be made, “in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided.” Providing specific real estate assistance could include showing a property, answering questions on listings, or engaging in any other licensed activity.
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