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Q: “I represented a buyer. They ratified an offer for a house, and later on, they terminated the ratified contract. The buyer and my firm signed a termination and release of agency agreement. However, the buyer keeps wanting me to send requests to the listing agent about their EMD that a settlement agent is holding. 

Do I have to continue sending these requests after a client terminates a contract?” 

A: Short answer, no.  

We can find the answer under Virginia Code § 54.1-2137(D), Commencement and termination of brokerage relationships; brokerage agreements required. It reads: 

Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage agreement, except to (i) account for all moneys and property relating to the brokerage relationship and (ii) keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information.

Once you and your client have agreed to a termination, you only have to do two things, account for the money and property, and maintain confidentiality. Remember, they are not your client anymore. In addition, accounting for the money means to act according to the escrow laws and regulations, i.e. release it per the law. If another party is holding the EMD, then there is no obligation for you to continue to chase that money for a former client.

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