Legal Blog


Legal Blog

The Legal Blog, brought to you by NVAR's Professional Standards department, helps you stay on top of the latest rules and regulations in the industry.

Does the buyer have to consent to sub-agency?

Sep 9, 2016


Question: Does the buyer have to consent to sub-agency?

Answer: Yes. Even though a sub-agent does not represent the buyer, the licensee must still discuss agency relationships as mandated by state law. A buyer may decline to work with a sub-agent if he or she prefers to work with a real estate licensee under a buyer agency or non-agency (i.e. transactional brokerage) relationship. Failure to disclose a sub-agent’s representational relationship with the seller to a buyer can create the potential for undisclosed dual agency, which is a violation of Virginia law. One contributing factor to the decline of sub-agency has been the rapid increase in the number of lawsuits from buyers regarding undisclosed dual agency.

  • Agency