Virginia Law

The following are prohibited acts:

1. Obtaining or attempting to obtain, renew, reinstate, or maintain a license or certification by false or fraudulent representation;

2. Holding more than one license as a real estate broker or salesperson in Virginia, except as provided in this chapter;

3. Signing an experience verification form without direct supervision or actual knowledge of the applicant's activities as defined in § 54.1-2100 of the Code of Virginia or unreasonably refusing to sign an experience verification form;

4. Having been convicted or found guilty regardless of the manner of adjudication in any jurisdiction of the United States of a misdemeanor involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or battery, or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia;

5. Failing to inform the board in writing within 30 days of any convictions as described in subdivision 4 of this section;

6. Having a professional or occupational license that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction;

7. Failing to inform the board in writing within 30 days of a disciplinary action as described in subdivision 6 of this section;

8. Having been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act, the Fair Housing Laws of any jurisdiction of the United States, including Title VIII of the Civil Rights Act of 1968 (82 Stat. 73) or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed;

9. Knowingly providing false, misleading, or incomplete information to an inquiry by the board or any of its agents;

10. Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) , or 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia, or any of the regulations of the board;

11. Failing to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public, which includes the following:

a. A principal broker or supervising broker failing to ensure proper supervision and accountability over the firm's day-to-day financial dealings, escrow account, and daily operations;

b. A broker failing to disburse funds from an escrow account according to the regulations or failing to properly retain documents relating to the basis for disbursal;

c. A broker failing to ensure the licensees for whom the broker has oversight responsibility hold active licenses while practicing real estate;

d. A broker failing to have signatory authority on all accounts;

e. A broker failing to account for or remit any moneys coming into the broker’s possession that belong to another;

f. A licensee failing to submit to the broker in a timely manner, all escrow money, contracts, brokerage and other representation agreements, leasing agreements, disclosures, and any other documents for which the broker has oversight responsibility;

g. A licensee performing regulated activities outside the licensee's brokerage firm or sole proprietorship, except for instances in which the licensee has an ownership interest in a property;

h. A licensee operating an unlicensed firm or acting as a principal broker;

i. A licensee practicing real estate with an inactive or expired license;

j. A licensee knowingly providing the broker with an earnest money deposit check from an account with insufficient funds;

k. A licensee providing access to a property without the owner's authorization; and

l. A licensee submitting unauthorized altered copies of a contract to the broker; and

12. Engaging in improper, fraudulent, or dishonest conduct, which includes the following:

a. A licensee attempting to divert commission from the firm or sole proprietorship and direct payment to a licensee or an unlicensed individual who is not a party to the transaction;

b. A licensee fabricating or altering any document with the intent to mislead;

c. A licensee signing any documents on a client's behalf without first obtaining the proper legal authorization to sign the documents on the client's behalf;

d. A licensee making an escrow deposit payable to the licensee or negotiating the check without written authority;

e. A licensee knowingly misrepresenting ownership of a property;

f. A licensee submitting copies of the same earnest money deposit check for inclusion with multiple offers;

g. A licensee entering into agreements to be compensated for real estate services without an active license;

h. A licensee representing in offers that the licensee received an earnest money deposit when the licensee has not received such deposit or knows the payment is worthless;

i. A licensee misrepresenting who is holding an escrow deposit; and

j. A licensee sitting for an examination for a license the licensee already obtained or taking an examination on behalf of another.