agency

Standard Agent and Customer Presumption (Virginia)

Virginia writes agency duties into statute (Article 3 of Chapter 21), and Section 54.1-2144 abrogates common law where it applies. A standard agent represents a client in a residential (one to four unit) transaction with all statutory duties, while a limited service agent's written agreement excludes some duties. A person with no brokerage agreement is presumed to be a customer, owed only ministerial acts. Brokerage agreements must be written; without a termination date they end after 90 days. Payment does not create agency, and knowledge is not imputed.