Yes.

Virginia law requires the licensee to have written permission before advertising identifiable property. Additionally, if you intend to offer this service to customers, it is extremely important that your agreement specify the scope/limitations of the relationship. For example, the agreement should clearly explain to the customer that your firm is not representing the customer as a real estate standard agent, limited services agent or independent contractor. It is also important that the agreement address general terms of use for the marketing platform. For example, your agreement should prohibit FSBO content that contains false/misleading statements or content that would otherwise violate Fair Housing laws or Article 10 of the COE. Such agreement could come in the form of a written non-brokerage agreement with the customer or contained in the terms of service for accessing and using the Broker’s website. Remember, Article 9, Standard of Practice 9-2 requires Realtors® assisting a “client” or “customer” to “make reasonable efforts to explain the nature and disclose the specific terms of the contractual relationship being established prior to it being agreed to by a contracting party.”

What can I charge for this type of service?

Generally, we do not opine on what private businesses can or should charge for their services.  However, we recommend that if you intend to allow marketing of FSBO properties on your site, the cost for doing so should not be tied to or dependent upon the property’s sale price or the consummation/closing of a transaction. These types of arrangements are “commissions” and negotiating a commission payment is licensed real estate activity. You cannot accept such payments outside of a “Brokerage Agreement.” The best practice would be to charge a flat fee for use of the platform that does not vary based on the purchase price. Any fee charged for this service could be disclosed and agreed to by the Brokerage and the customer in the written agreement or terms of service discussed above.