Part II. Entry
18VAC135-20-20. Requirements for firm license.
A. Sole proprietor (principal broker owner). In accordance with § 54.1-2106.1 of the Code of Virginia, broker owned sole proprietorships are not required to hold a firm license. An individual operating under a fictitious or assumed name must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia and must provide the address for the individual's residence and address for the individual’s place of business.
B. Sole proprietor (nonbroker owner), partnership, association, limited liability company, or corporation.
1. Every firm must secure a firm license before transacting real estate business. This license is separate and distinct from the licenses required of the individuals or business entities who are active in the firm's brokerage business.
2. Each applicant must disclose the name under which the applicant holds itself out to the public. Firms must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.
3. Each applicant must disclose the address of the place of business for the firm.
4. Firms must be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia.
C. Each real estate firm is required to have a principal broker whose license is active.
D. Branch office license in accordance with § 54.1-2106.1 of the Code of Virginia. If a principal broker maintains more than one place of business within the state, the principal broker must secure a branch office license for each additional place of business maintained other than the broker's primary place of business noted on the firm license application.
1. No branch office license will be required for:
a. A location that the principal broker or those employed by or affiliated as an independent contractor with the principal broker does not own, lease, or maintain exclusive access to, maintenance of, and control of, unless it is held out to the public as a location where such persons or entities are regularly engaging in the activities of a real estate broker or salesperson;
b. A motor vehicle or watercraft;
c. A place that is solely devoted to advertising real estate matters of a general nature or to making a real estate broker's business name generally known, such as a trade show or expo;
d. A residence, unless it is held out to the public as a location where the principal broker or those employed by or affiliated as an independent contractor with the principal broker is regularly engaging in the activities of a real estate broker or salesperson;
e. A post office box, mail drop location, or other similar facility; or
f. A public location, such as a coffee shop or restaurant.
2. Each application must disclose the name of the firm, the location of the branch office, and the name of the supervising broker for that branch office.
3. The branch office license must be maintained at the branch office location.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-1 § 2.1, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 36, Issue 15, eff. May 1, 2020; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-30. Qualifications for individual licensure.
Every applicant to the board for an individual salesperson or broker license must have the following qualifications:
1. The applicant must be at least 18 years of age.
2. The applicant must have a high school diploma or equivalent.
3. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
4. In accordance with § 54.1-204 of the Code of Virginia, each applicant must submit to fingerprinting and must disclose the following information:
a. All misdemeanor convictions involving fraudulent or dishonest acts, sexual offense, non-marijuana drug distribution, or battery within five years of the date of the application; and
b. All felony convictions.
The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.
5. The applicant must sign a statement verifying that the applicant has read and understands the provisions of this chapter and Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 of the Code of Virginia.
6. Applicants for licensure who do not meet the requirements set forth in subdivisions 3 and 4 of this section may be approved for licensure following consideration by the board.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-1 § 2.2, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-35. Additional qualifications for individual licensure.
A. In addition to the requirements in 18VAC135-20-30, an applicant for an individual license as a real estate salesperson, real estate broker, or as an applicant by reciprocity must meet the requirements established in this section as applicable.
B. Applicants for initial licensure must achieve a passing grade in all courses required by § 54.1-2105 of the Code of Virginia applicable to the license being sought prior to sitting for the licensing examination and applying for licensure.
C. Applicants for licensure as a real estate broker must have been actively engaged as defined in 18VAC135-20-10 as a real estate salesperson for a period of 36 of the 48 months immediately preceding application. The applicant's experience must be verified by the principal or supervising broker for whom the applicant worked at the time of obtaining that experience.
D. Applicants for initial licensure, within 12 months prior to submitting a complete application for a license, must have passed a written examination provided by the board or by a testing service acting on behalf of the board. The applicant must follow all procedures established with regard to conduct at the examination. Failure to comply with all such procedures established with regard to conduct at the examination may be grounds for denial of application.
E. Applicants for licensure as a real estate salesperson or real estate broker by reciprocity must meet the following requirements as applicable to the license sought:
1. Applicants must, within 12 months prior to submitting a complete application for a license, have passed a written examination provided by the board or a testing service acting on behalf of the board covering real estate license law and regulations of the board.
2. Applicants must have received the salesperson or broker license by virtue of having passed in the jurisdiction of licensure a written examination deemed to be substantially equivalent to the Virginia examination.
3. An applicant for a salesperson license must have met educational requirements that are substantially equivalent to those required in Virginia.
4. An applicant for a broker license must have met educational requirements that are substantially equivalent to those required in Virginia, and the applicant must have been actively engaged as defined by 18VAC135-20-10 for 36 of the preceding 48 months. The broker applicant's experience must be verified by an individual who has direct knowledge of the applicant's activities as defined in § 54.1-2100 of the Code of Virginia.
F. In accordance with § 54.1-2105 of the Code of Virginia, the board, at its discretion, may waive the education and experience requirements of this section.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-40. (Repealed.)
Historical Notes
Derived from VR585-01-1 § 2.3, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-45. Additional qualifications for salesperson or broker license as a business entity.
In addition to the applicable requirements in 18VAC135-20-30 and 18VAC135-20-35, an applicant for a salesperson or broker license as a business entity must meet the following requirements:
1. Every owner or officer who actively participates in the real estate business must hold a license as a salesperson or broker. The business entity license does not replace the individual license. More than one licensee may be a participant of the business entity.
2. Business entities must be organized under the laws of the Commonwealth of Virginia or otherwise authorized to transact business in Virginia and must register any trade or fictitious names with the State Corporation Commission in accordance with Chapter 5 of Title 59.1 (§ 59.1-69 et seq.) of the Code of Virginia.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 15, Issue 5, eff. January 1, 1999; amended, Virginia Register Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-50. Concurrent licenses.
A. In order to be active as a broker in more than one firm at the same time, brokers must obtain concurrent licenses by submitting the concurrent license application, which must be approved by the principal broker of each firm.
B. Payment of the fee specified in 18VAC135-20-15 is required for each concurrent license.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-1 § 2.4, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-55. Exchange to salesperson license.
A broker seeking to exchange the broker license for that of a salesperson must submit a complete application to the board with the appropriate fee specified in 18VAC135-20-15. When exchanging a license, the licensee agrees any current broker licenses cease to exist, and if the licensee chooses to become licensed as a broker again, the licensee must pass the current broker examination and must meet the current education and experience requirements in effect at the time of application.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 31, Issue 26, eff. November 1, 2015; amended, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-60. (Repealed.)
Historical Notes
Derived from VR585-01-1 § 2.5, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 15, Issue 5, eff. January 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Errata, 19:14 VA.R. 2176, 2177 March 24, 2003; amended, Virginia Register Volume 24, Issue 11, eff. April 1, 2008; Volume 31, Issue 26, eff. November 1, 2015; Volume 38, Issue 2, eff. November 1, 2021; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-65. Universal license recognition.
A. Licensed in a neighboring state. The board will issue a salesperson or broker license under universal license recognition to an individual who meets the following qualifications:
1. The individual holds a current and valid license with a similar scope of practice in a neighboring state;
2. The individual's other license is in good standing with no reported pending complaints;
3. The individual has met the requirements set in subdivision 4 of 18VAC135-20-30;
4. The individual has not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation;
5. The individual pays the reciprocity application fee as listed in 18VAC135-20-15; and
6. The individual successfully passes the Virginia Real Estate Exam.
B. Licensed in another state. The board will issue a salesperson or broker license under universal license recognition to an individual who meets the following qualifications:
1. The individual holds a current and valid license with a similar scope of practice in another state, territory, possession, or jurisdiction of the United States for at least three years;
2. The individual was licensed in the other state after having passed a state required exam and met education, training, or experience requirements to obtain the license;
3. The individual's other license is in good standing with no reported pending complaints;
4. The individual has met the requirements set in subdivision 4 of 18VAC135-20-30;
5. The individual has not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation;
6. The individual pays the reciprocity application fee as listed in 18VAC135-20-15; and
7. The individual successfully passes the Virginia Real Estate Exam.
C. Experience in a state that does not require licensure. The board will hold an individual to have met all experience, training, and education requirements if the applicant has three years of experience in a state that does not require licensure.
1. To be exam eligible under universal license recognition, an individual must have:
a. Demonstrated at least three years of experience as a salesperson or broker in another state that does not issue an occupational or professional license for that respective profession;
b. Met the requirements set in subdivision 4 of 18VAC135-20-30;
c. Not been subject to professional discipline involving harm to the public or license probation, suspension, or revocation; and
d. Paid the applicable application fee as listed in 18VAC135-20-15.
2. Under this subsection, individuals are required to pass all exams required of initial applicants for the license under 18VAC135-20-35.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 7, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-70. Activation or transfer of license.
A. Any inactive licensee may activate that license with a licensed real estate firm or sole proprietorship by completing an activate form prescribed by the board.
1. A licensee who submits an activate application to the board must not conduct licensed activity with the real estate firm or sole proprietorship set forth in the application until the license is issued by the board.
2. Continuing education pursuant to § 54.1-2105.03 of the Code of Virginia must be completed within two years prior to activation of a license when the license has been inactive for more than 30 days.
3. Any licensee who has not been active with a licensed real estate firm or sole proprietorship for a period of greater than three years will be required to meet the existing prelicense educational requirements.
B. Any licensee may transfer from one licensed real estate firm or sole proprietorship to another by completing and submitting to the board a transfer application and the fee as set forth in 18VAC135-20-15.
1. The transfer application must include the signature of the new principal broker or supervising broker with signature authority who will be responsible for the licensee's real estate activities.
2. The transfer will be effective upon the new principal broker or supervising broker's execution of the transfer application.
3. For the transfer of a license between branch offices within the same licensed real estate firm or sole proprietorship, including from such firm's or sole proprietorship's primary place of business to one of its branch offices or from a branch office to another branch office under the same primary place of business, no fee will be charged.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-1 § 2.6, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 19, Issue 12, eff. April 1, 2003; Volume 31, Issue 26, eff. November 1, 2015; Volume 42, Issue 4, eff. November 5, 2025; Volume 42, Issue 14, eff. April 1, 2026.
18VAC135-20-80. (Repealed.)
Historical Notes
Derived from VR585-01-1 § 2.9, eff. July 15, 1987; amended, Virginia Register Volume 5, Issue 23, eff. October 1, 1989; Volume 7, Issue 14, eff. May 15, 1991; Volume 8, Issue 13, eff. May 15, 1992; Volume 11, Issue 18, eff. June 28, 1995; Volume 14, Issue 6, eff. January 8, 1998; Volume 15, Issue 5, eff. January 1, 1999; Volume 15, Issue 18, eff. July 1, 1999; Volume 19, Issue 12, eff. April 1, 2003; Volume 20, Issue 23, eff. September 1, 2004; Volume 31, Issue 26, eff. November 1, 2015; Volume 41, Issue 1, eff. October 1, 2024; repealed, Virginia Register Volume 42, Issue 14, eff. April 1, 2026.