reglab/housing_qa huggingface dataset:
VA Code § 54.1-2023 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 20.2 - Real Estate Appraisal Management Companies|§ 54.1-2023. Penalty

In addition to the powers vested in the Board, in any action brought under this chapter, if a court finds that a person has willfully engaged in an act or practice in violation of this chapter, the Attorney General, the attorney for the Commonwealth, or the attorney for the locality may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $10,000 per violation. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the locality notifies the alleged violator by certified mail that an act or practice is a violation of this chapter and the alleged violator, after receipt of the notice, continues to engage in the act or practice.Violations of this chapter shall constitute separate and distinct offenses. If the acts or activities violating this chapter also violate another provision of law, an action brought under this chapter shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition or any penalties provided for thereby.2010, c. 508; 2012, c. 405.
VA Code § 54.1-2100 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2100. Definitions

As used in this chapter:"Distance learning" means instruction delivered by an approved provider through a medium other than a classroom setting. Such courses shall be those offered by an accredited institution of higher education, high school offering adult distributive education courses, other school or educational institution, or real estate professional association or related entities."Real estate broker" means any individual or business entity, including a partnership, association, corporation, or limited liability company, who, for compensation or valuable consideration, (i) sells or offers for sale, buys or offers to buy, or negotiates the purchase or sale or exchange of real estate, including units or interest in condominiums, cooperative interest as defined in § 55.1-2100, or time-shares in a time-share program even though they may be deemed to be securities or (ii) leases or offers to lease, or rents or offers for rent, any real estate or the improvements thereon for others."Real estate team" means two or more individuals, one or more of whom is a real estate salesperson or broker, who (i) work together as a unit within the same brokerage firm, (ii) represent themselves to the public as working together as one unit, and (iii) designate themselves by a fictitious name."Supervising broker" means a real estate broker who has been designated by a principal broker to supervise the provision of real estate brokerage services by associate brokers and salespersons assigned to a branch office or a real estate team.Code 1950, § 54-730; 1974, c. 409; 1982, c. 440; 1984, c. 283; 1988, c. 765; 1996, c. 993; 2001, c. 548; 2007, c. 809; 2018, cc. 223, 224.
VA Code § 54.1-2101 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2101. Real estate salesperson defined

For the purposes of this chapter, "real estate salesperson" means any individual, or business entity, who for compensation or valuable consideration is employed either directly or indirectly by, or affiliated as an independent contractor with, a real estate broker, to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale or exchange of real estate, or to lease, rent or offer for rent any real estate, or to negotiate leases thereof, or of the improvements thereon.Code 1950, § 54-731; 1974, c. 685; 1978, c. 138; 1984, c. 201; 1988, c. 765; 1992, c. 84; 1996, c. 993; 2018, cc. 223, 224.
VA Code § 54.1-2101.1 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2101.1. Preparation of real estate contracts by real estate licensees; translation

Notwithstanding any rule of court to the contrary, any person licensed under this chapter may prepare written contracts for the sale, purchase, option, exchange, or rental of real estate, provided that the preparation of such contracts is incidental to a real estate transaction in which the licensee (i) is involved and (ii) does not charge a separate fee for preparing the contracts.If a party to a real estate transaction requests translation of a contract or other real estate document from the English language to another language, a licensee may assist such party in obtaining a translator or may refer such party to an electronic translation service. The licensee shall not charge a fee for such assistance or referral. In doing so, the licensee shall not be deemed to have breached any of his obligations under this chapter or otherwise become liable for any inaccuracies in the translation.1997, cc. 200, 231; 2018, cc. 39, 87.
VA Code § 54.1-2104 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2104. Real Estate Board; membership; chairman; seal

The Real Estate Board shall be composed of nine members as follows: seven members who have been licensed real estate brokers or salespersons for at least five consecutive years before their appointment and two citizen members. The terms of Board members shall be four years.The Board shall elect a chairman from its membership.The Board shall adopt a seal by which it shall authenticate its proceedings.Code 1950, §§ 54-737, 54-738, 54-739, 54-744; 1956, c. 145; 1981, c. 447; 1984, c. 201; 1985, c. 448; 1988, cc. 42, 765; 1992, c. 809; 2010, c. 91.
VA Code § 54.1-2105.01 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2105.01. Educational requirements for all salespersons within one year of licensure

A. The Board shall establish guidelines for a post-license educational curriculum of at least 30 hours of classroom, or correspondence or other distance learning, instruction, in specified areas, which shall be required of all salespersons within the initial year of licensure. Failure of a new licensee to complete the 30-hour post-licensure curriculum within one year from the last day of the month in which his license was issued shall result in the license being placed on inactive status by the Board until the curriculum has been completed.B. To establish the guidelines required by this section, the Board shall establish an industry advisory group composed of representatives of the practices of (i) residential real estate, (ii) commercial real estate, and (iii) property management. The industry advisory group shall consist of licensed real estate salespersons and real estate brokers who shall be appointed by and shall meet at the direction of the Board to update the guidelines. The Board shall review and may approve educational curricula developed by an approved school or other provider of real estate education authorized by this chapter. The industry advisory group shall serve at no cost to the Board.C. The curricula for new licensees shall include topics that new licensees need to know in their practices, including contract writing, handling customer deposits, listing property, leasing property, agency, current industry issues and trends, flood hazard areas and the National Flood Insurance Program, property owners' and condominium association law, landlord-tenant law, Board regulations, real estate-related finance, and such other topics as designated by the Board. The post-licensure education requirements of this section for new licensees shall be in lieu of the continuing education requirements otherwise specified in this chapter and Board regulations.2007, c. 809; 2011, c. 461; 2015, c. 692; 2018, cc. 60, 86.
VA Code § 54.1-2105.02 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2105.02. Regulation of real estate education providers and courses

A. The Board may regulate any school that is established to offer real estate courses except such schools as are regulated by another state agency. Such authority shall include, but not be limited to, qualification of instructors, approval of course curricula, and requirement that such schools submit evidence of financial responsibility to ensure that these schools protect the public health, safety, and welfare.B. Board regulations shall include a procedure for processing applications of educational institutions, real estate professional associations, or related entities, to provide continuing education courses, which procedure, at a minimum, shall (i) provide for a broad range of subject matters suitable for the continuing education of licensed professionals in a multifamily residential and commercial office, as well as single-family residential, sales, leasing and property management; (ii) acknowledge, in writing, receipt of such applications within 10 calendar days after receipt; and (iii) provide written notification to the applicant, within 75 calendar days of receipt of the application, whether the application has been approved or disapproved, and if disapproved, the reasons therefor. In addition, the Board shall prepare a comprehensive listing of courses, pre-approved by the Board, related to the professional competency requirements for the multifamily residential and commercial office industries.Board regulations shall include criteria for evaluating and approving continuing education course credits and for awarding credit hours for such courses, as well as procedures for ensuring the quality of real estate courses. The Board shall approve recommended course titles, content, and hours of continuing education credit developed and published by national professional real estate trade associations, unless the Board determines in writing that such titles, content, or credit hours should not be approved and specifies the reasons therefor.2007, c. 809.
VA Code § 54.1-2105.04 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2105.04. Education requirements; reactivation of licenses; waiver

A. Board regulations shall include remedial educational requirements for any salesperson or broker who has been inactive for more than three years. The regulations shall require the applicant to meet the educational requirements for a salesperson or broker in effect at the time either becomes active.B. When the license has been inactive for more than three years, the Board may waive the educational requirements for reactivation of a license under the following conditions: (i) during the time the license has been inactive, the holder of such inactive license has been engaged in an occupation whereby the knowledge of real estate would be retained or (ii) the holder of such license is a member or the spouse of a member of the armed forces of the United States who has been permanently assigned outside Virginia for a portion of the time the license has been inactive, and the holder of the inactive license remained current in the field of real estate and demonstrates this fact to the satisfaction of the Board.C. The Board or its agent shall require proof of identity prior to an applicant taking the state examination.2007, c. 809.
VA Code § 54.1-2105.1 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2105.1. Other powers and duties of the Real Estate Board

In addition to the provisions of §§ 54.1-2105.01 through 54.1-2105.04, the Board shall:1. Develop a residential property disclosure statement form for use in accordance with the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.) and maintain such statement on its website. The Board shall also develop and maintain on its website a one-page form to be signed by the parties acknowledging that the purchaser has been advised of the disclosures listed in the residential property disclosure statement located on the Board's website; and2. Inform licensed brokers, in a manner deemed appropriate by the Board, of the broker's ability to designate an agent pursuant to § 54.1-2109 in the event of the broker's death or disability.1993, c. 958; 2000, c. 759; 2007, cc. 265, 809; 2008, cc. 851, 871; 2011, c. 461; 2014, cc. 24, 705; 2018, cc. 60, 86; 2020, c. 749.
VA Code § 54.1-2105.2 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2105.2. Cease and desist orders for unlicensed activity; civil penalty

A. Notwithstanding any other provision of law, the Board may issue an order requiring any person to cease and desist from acting as a real estate broker or salesperson when such person is not licensed by the Board in accordance with this chapter. The order shall be effective upon its entry and shall become final unless such person files an appeal with the Board in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) within 21 days of the date of entry of the order.B. If the person fails to cease and desist the unlicensed activity after entry of an order in accordance with subsection A, the Board may refer the matter for enforcement pursuant to § 54.1-306.C. Any person engaging in unlicensed activity shall be subject to further proceedings before the Board and the Board may impose a civil penalty not to exceed $1,000 for any real estate transaction or the compensation received from any such real estate transaction, whichever is greater. Any penalties collected under this section shall be paid to the Literary Fund after deduction of the administrative costs of the Board in furtherance of this section.2005, c. 437.
VA Code § 54.1-2106.1 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2106.1. Licenses required

A. No business entity, other than a sole proprietorship, shall act, offer to act, or advertise to act, as a real estate firm without a real estate firm license from the Board. Such firm may be granted a license in a fictitious name. No business entity shall be granted a firm license unless (i) every managing member of a limited liability company, officer of a corporation, partner within a partnership, or associate within an association who actively participates in the firm brokerage business holds a license as a real estate broker; and (ii) every employee or independent contractor who acts as a salesperson for such business entity holds a license as a real estate salesperson or broker. An individual holding a broker's license may operate a real estate brokerage firm which he owns as a sole proprietorship without any further licensure by the Board, although such individual shall not operate the brokerage firm in a fictitious name. However, nothing herein shall be construed to prohibit a broker operating a brokerage firm from having a business entity separate from the brokerage firm for such broker's own real estate business, provided that such separate business entity otherwise complies with this section. A non-broker-owned sole proprietorship shall obtain a license from the Board.B. No individual shall act as a broker without a real estate broker's license from the Board. An individual who holds a broker's license may act as a salesperson for another broker. A broker may be an owner, member, or officer of a business entity salesperson as defined in subsection C.C. No individual shall act as a salesperson without a salesperson's license from the Board. A business entity may act as a salesperson with a separate business entity salesperson's license from the Board. No business entity shall be granted a business entity salesperson's license unless every owner or officer who actively participates in the brokerage business of such entity holds a license as a salesperson or broker from the Board. The Board shall establish standards in its regulations for the names of business entity salespersons when more than one licensee is an owner or officer.D. No group of individuals consisting of one or more real estate brokers or real estate salespersons, or a combination thereof, shall act as a real estate team without first obtaining a business entity salesperson's license from the Board. A real estate team may hire one or more unlicensed assistants, as employees or independent contractors, as otherwise provided by law.E. If any principal broker maintains more than one place of business within the Commonwealth, such principal broker shall be required to obtain a branch office license from the Board for each place of business maintained. A copy of the branch office license shall be kept on the premises of the branch office.1996, c. 993; 1998, c. 265; 1999, cc. 82, 105; 2008, c. 319; 2012, c. 750; 2018, cc. 223, 224; 2019, cc. 179, 395.
VA Code § 54.1-2106.2 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2106.2. Certification of audit on renewal of firm or sole proprietorship license

When submitting a renewal of any firm or sole proprietorship license, the principal broker or supervising broker of the firm shall certify that he has audited or has caused to be audited the operations, policies, and procedures of the firm to assure compliance with the provisions of this chapter and with regulations adopted by the Board. Such audit shall be conducted at least once during each term of licensure, and the completed audit form developed by the Board, signed by the principal or supervising broker, shall be kept on the premises of the firm or sole proprietorship and shall be produced for inspection or copying upon request by an authorized agent of the Board.2012, c. 750.
VA Code § 54.1-2107 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2107. Certain action to constitute real estate broker or salesperson

One act for compensation or valuable consideration of buying or selling real estate of or for another, or offering for another to buy or sell or exchange real estate, or leasing, or renting, or offering to rent real estate, except as specifically excepted in § 54.1-2103, shall constitute the person, firm, partnership, copartnership, association or corporation, performing, offering or attempting to perform any of the acts enumerated above, a real estate broker or real estate salesperson.Code 1950, § 54-732; 1984, c. 201; 1988, c. 765.
VA Code § 54.1-2108 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2108. Protection of escrow funds, etc., held by broker

No licensee or any agent of the licensee shall divert or misuse any funds held in escrow or otherwise held by him for another. Where escrow funds or other funds are held by the licensee or his agents and the Real Estate Board or its agents have reason to believe that the licensee is not able to adequately protect the interests of persons involved, or his conduct threatens their interests, the Board shall file a petition with any court of record having equity jurisdiction over the licensee or any of the funds held by him stating the facts upon which it relies. The court may temporarily enjoin further activity by the licensee and take such further action as shall be necessary to conserve, protect and disburse the funds involved, including the appointment of a receiver. If a receiver is appointed his expenses and a reasonable fee as determined by the court shall be paid by the licensee. If the court finds him unable to make such payment, the Board shall determine whether the expenses and fees shall be paid from the Virginia Real Estate Transaction Recovery Fund or from funds received by the Board. Such determination shall be made within thirty days of the Board's receipt of the court-approved receiver invoices. If the court finds that the licensee was without fault and that he is found not to have violated any provisions of this chapter or of the regulations of the Board, then the receiver's expenses and fees shall be paid by the Board. Such payments shall be paid from funds received by the Board.1973, c. 487, § 54-764.5; 1988, c. 765; 1997, c. 82; 1998, c. 29.
VA Code § 54.1-2109 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2109. Death or disability of a broker

Upon the death or disability of a licensed real estate broker who was engaged in a proprietorship or who was the only licensed broker in a business entity listed in clause (i) of subsection A of § 54.1-2106.1, the Real Estate Board shall grant approval to carry on the business of the deceased or disabled broker for 180 days following the death or disability of the broker solely for the purpose of concluding the business of the deceased or disabled broker in the following order:1. A personal representative qualified by the court to administer the deceased broker's estate.2. If there is no personal representative qualified pursuant to subdivision 1, then an agent designated under a power of attorney of the disabled or deceased broker, which designation expressly references this section.3. If there is no agent designated pursuant to subdivision 2, the executor nominated in the deceased broker's will.4. If there is no executor nominated pursuant to subdivision 3, then an adult family member of the disabled or deceased broker.5. If there is no adult family member nominated pursuant to subdivision 4, then an employee of, or an independent contractor affiliated with, the disabled or deceased broker.In the event none of the foregoing is available or suitable, the Board may appoint any other suitable person to terminate the business within 180 days.1984, c. 283, § 54-731.3; 1988, c. 765; 2014, cc. 24, 705; 2019, cc. 179, 395; 2020, c. 383.
VA Code § 54.1-2110 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2110. Resident broker to maintain place of business in Virginia

Every resident real estate broker shall maintain a place of business in this Commonwealth.Code 1950, § 54-733; 1981, c. 34; 1988, c. 765.
VA Code § 54.1-2111 (2021)
2021 Code of Virginia|Title 54.1 - Professions and Occupations|Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents|§ 54.1-2111. Consent to suits and service of process by nonresidents; manner of service

A. Every nonresident applicant shall file with the Real Estate Board an irrevocable consent that suits and actions may be commenced against such applicant in the proper court of any county or city of this Commonwealth in which a cause of action may arise or in which the plaintiff may reside, by the service of any process or pleading authorized by the laws of this Commonwealth on the Director of the Department of Professional and Occupational Regulation. The consent shall stipulate that such service of process or pleadings on the Director shall be taken and held in all courts to be as valid and binding as if due service had been made upon the applicant in the Commonwealth of Virginia.B. Any process or pleadings served upon the Director shall be filed by the Director in his office and a copy thereof immediately forwarded by registered mail to the main office of the licensee at the last known address.Code 1950, §§ 54-773, 54-774; 1988, c. 765; 1993, c. 499.