- DPOR
- The Department of Professional and Occupational Regulation — the umbrella Virginia agency that houses the Real Estate Board and handles licensing administration and enforcement.
- Virginia Real Estate Board (VREB)
- The board within DPOR that licenses and regulates real estate salespersons and brokers under Code of Virginia Title 54.1, Chapter 21.
- Code of Virginia Title 54.1, Chapter 21
- Virginia's real estate licensing statute — the source of the Board's authority over licensees, brokerage relationships, escrow, and the Recovery Fund.
- Board Regulations (18VAC135-20)
- The VREB regulations that implement the statute — education, advertising, escrow, recordkeeping, and standards of conduct.
- VREB membership (§ 54.1-2104)
- Nine members: seven licensed brokers or salespersons and two citizen members.
- Virginia pre-license education
- A 60-hour Board-approved Principles of Real Estate course, completed before sitting for the PSI exam.
- Who administers the Virginia exam?
- PSI, the Board's contracted testing vendor.
- Virginia exam structure
- Two portions: a national portion (80 questions, 56 to pass) and a Virginia state portion (40 questions, 30 to pass), scored separately.
- Virginia national-portion passing score
- 56 of 80 correct (70%).
- Virginia state-portion passing score
- 30 of 40 correct (75%).
- Activating a new Virginia salesperson license
- The license must be placed with and supervised by a principal or supervising broker before the salesperson can practice.
- Post-License Education (PLE)
- A 30-hour course a new salesperson must complete within one year of licensure, in place of standard CE for the first license term.
- Missing the 30-hour PLE
- The salesperson's license is automatically placed on inactive status.
- When is PLE due?
- Within one year from the last day of the month in which the license was issued.
- Virginia license renewal cycle
- Every two years.
- Virginia CE after the first renewal
- 16 hours of continuing education each two-year renewal cycle.
- A required Virginia CE topic
- Fair Housing (among the mandated CE subjects).
- Virginia broker experience requirement
- Active practice as a salesperson for 36 of the 48 months immediately preceding application.
- Principal or supervising broker
- The licensed broker who supervises a Virginia salesperson; the salesperson cannot operate independently and is paid through the broker.
- Standard agent (Virginia)
- A licensee who provides the full set of statutory agency duties to a client — the default representation.
- Limited service agent (Virginia)
- A licensee who provides fewer than the full statutory duties; the limited services are specified in writing in the brokerage agreement.
- Independent contractor representative
- A licensee acting under an agreement stating they are an independent contractor and not an agent of the client.
- Designated representative (Virginia)
- A licensee a broker assigns to represent one client to the exclusion of all other licensees in the firm — avoids firm-wide dual agency.
- Dual representative (§ 54.1-2139)
- Represents both parties in one transaction; allowed only with the written consent of all parties after written disclosure.
- Brokerage relationship disclosure (§ 54.1-2138)
- Required in writing to an unrepresented party at the earliest practical time, no later than when specific assistance is first provided.
- How must brokerage disclosure appear?
- Conspicuously — in bold lettering, all capitals, underlined, or set apart in a separate box.
- Dual representative's key prohibition
- May not disclose to one client the confidential information given by the other in the trust of the brokerage relationship.
- Designation vs. dual representation
- Designation keeps each side separately represented by different licensees; dual representation has one licensee representing both.
- Virginia property-condition disclosure approach
- Caveat emptor (buyer beware): the seller gives a statement advising the buyer to exercise due diligence, not a list of defects.
- Virginia Residential Property Disclosure Act (§ 55.1-703)
- The statement advises the buyer to obtain a home inspection and investigate conditions affecting the property.
- POA disclosure packet
- Required when a Virginia home is in a Property Owners' Association; the seller obtains and provides it to the purchaser.
- Condominium resale certificate
- Required for a Virginia condo resale; provided by the unit owners' association.
- Time to deliver a POA packet/condo resale certificate
- Within 14 days after a written request.
- Purchaser cancellation after the disclosure packet
- Generally within three days of receipt (extendable up to seven days by the ratified contract).
- Earnest money to escrow deadline
- By the end of the fifth business banking day following ratification, unless the principals agree otherwise in writing.
- Delivery to a named outside escrow agent
- By the end of the fifth business banking day following receipt of the deposit, unless otherwise agreed in writing.
- Disputed earnest money — broker notice
- The broker may notify the parties that the deposit will be released unless a written protest is received within 15 calendar days of the notice.
- Commingling (Virginia)
- Improperly mixing client escrow funds with the broker's own or operating funds — a Board violation.
- Virginia escrow recordkeeping
- Records must be retained, separately identified, reconciled, and available for inspection by the Board.
- Virginia Real Estate Transaction Recovery Fund
- Compensates consumers who hold an unsatisfied court judgment for a licensee's improper or dishonest conduct in a transaction.
- First step before recovering from the Fund
- Obtain a court judgment against the licensee that remains unsatisfied.
- Recovery Fund cap — single claimant, single transaction
- $20,000 (Code of Virginia § 54.1-2116).
- Recovery Fund cap — aggregate per single transaction
- $50,000.
- Recovery Fund cap — per regulant per biennium
- $100,000.
- Effect of a Recovery Fund payment on the license
- The license is automatically revoked and cannot be reinstated until the Fund is repaid in full with interest.
- Excluded from a Recovery Fund claim
- Interest and punitive damages.
- Virginia Fair Housing Law — added classes
- Beyond the federal classes, Virginia protects elderliness and source of funds (among others).
- Elderliness (Virginia protected class)
- Protects an individual who has reached age 55.
- Source of funds (added 2020)
- Prohibits refusing housing based on how a person lawfully pays — e.g., a housing voucher.
- Who enforces the Virginia Fair Housing Law?
- The Virginia Fair Housing Office within DPOR.
- Virginia grantor's tax — who pays?
- Customarily the seller (grantor).
- Virginia state grantor's tax rate
- 50 cents per $500 (or fraction) of the value conveyed.
- Virginia recordation tax — who pays?
- Customarily the buyer (grantee).
- Virginia state recordation tax rate
- 25 cents per $100 (or fraction) of the value conveyed.
- VREB disciplinary powers
- Impose monetary penalties and suspend or revoke a license for violations of Title 54.1, Chapter 21 or Board regulations.
- Improper escrow handling — which rules?
- The Board's escrow and trust-account rules under 18VAC135-20 and Code of Virginia §§ 54.1-2108/2108.2.
- Where Virginia deeds are recorded
- In the circuit court clerk's office of the city or county where the property lies.
- Virginia settlement agent (CRESPA)
- A neutral agent (often an attorney or title company) who conducts a closing under the Consumer Real Estate Settlement Protection Act.
- Virginia foreclosure method
- Non-judicial — a trustee's sale under a deed of trust, without a court action.
- Is there a 'Virginia Department of Real Estate'?
- No — the Real Estate Board is a board within DPOR; there is no standalone department.
- Federal Fair Housing classes (memory hook)
- Race, color, religion, national origin, sex, familial status, and disability — seven classes.
- Place of business / advertising (Virginia)
- Advertising must not be misleading and must identify the brokerage firm; the principal broker is responsible for the firm's advertising.
- Virginia license — inactive status
- An inactive licensee may not practice; the license is reactivated by meeting education requirements and placing it with a broker.
- Who supervises a firm's escrow account?
- The principal broker of the firm.
- Virginia agency duties owed to all parties
- Even to a customer, a licensee owes honesty and fair dealing and must not misrepresent material facts.
- Virginia Residential Landlord and Tenant Act
- Governs most Virginia residential leases — rights and duties of landlords and tenants.
- Disclosing a licensee's own interest
- A Virginia licensee buying or selling for their own account must disclose their license status to the other party.
- Standard agent's statutory duties (Virginia)
- Performance of the brokerage agreement, loyalty, confidentiality, accounting, disclosure of material facts, and reasonable care.
- Virginia background check for licensure
- Applicants submit fingerprints for a state and FBI criminal history records check.
- Who may sue for an unpaid commission?
- Only a licensed broker; an unlicensed person or a salesperson acting outside the broker cannot enforce a commission.
- Bundle of rights
- Possession, use (enjoyment), exclusion, disposition (transfer), and control — the rights of ownership.
- Real property
- Land, everything permanently attached (improvements and fixtures), and the bundle of legal rights.
- Personal property (chattel)
- Movable items not permanently attached to land; transferred by a bill of sale, not a deed.
- Fixture
- Personal property attached so as to become real property and transfer with the land.
- MARIA test for fixtures
- Method of attachment, Adaptability, Relationship of parties, Intention, Agreement.
- Fee simple absolute
- The most complete ownership — absolute, of unlimited duration, freely transferable.
- Life estate
- An estate measured by someone's life; the life tenant cannot commit waste and the estate ends at death.
- PETE (government powers)
- Police power, Eminent domain, Taxation, Escheat — only eminent domain pays the owner.
- Police power
- Regulation of land for public health, safety, and welfare — zoning and building codes, with no payment to the owner.
- Eminent domain
- Government taking of property for public use through condemnation, paying just compensation.
- Escheat
- Property reverts to the state when an owner dies with no will and no legal heirs.
- Easement
- A nonpossessory right to use another's land for a specific purpose, such as a driveway or utility line.
- Easement appurtenant
- Benefits an adjoining parcel (the dominant tenement) and runs with the land.
- Encroachment
- An unauthorized intrusion of an improvement onto another's land, revealed by a survey.
- Encumbrance
- Any claim, lien, charge, or right that limits an owner's title.
- Metes and bounds
- A legal description using distances (metes) and compass directions (bounds) from a point of beginning.
- Rectangular (government) survey
- Describes land by townships, ranges, and sections from principal meridians and base lines.
- One section
- One square mile = 640 acres; one thirty-sixth of a township.
- One acre
- 43,560 square feet.
- Lot-and-block (recorded plat)
- Describes land by lot and block numbers on a recorded subdivision plat.
- Severalty
- Sole ownership by one person or entity.
- Tenancy in common
- Co-ownership with no survivorship; each owner holds an undivided, willable share.
- Joint tenancy
- Co-ownership with right of survivorship; requires the four unities of time, title, interest, and possession.
- Four unities (PITT)
- Possession, Interest, Time, Title — required to create a joint tenancy.
- Tenancy by the entirety (Virginia)
- Co-ownership for married couples with survivorship plus protection from one spouse's individual creditors.
- Right of survivorship
- A deceased co-owner's share passes automatically to the surviving co-owners, bypassing probate.
- Deed
- The written instrument that conveys title from grantor to grantee.
- General warranty deed
- Gives the most protection — the grantor warrants clear title against all defects, even pre-ownership ones.
- Special (limited) warranty deed
- Warrants title only against defects arising during the grantor's own ownership.
- Quitclaim deed
- Conveys only whatever interest the grantor has, with no warranties; used to clear a cloud on title.
- Delivery and acceptance
- Title passes when the deed is delivered by the grantor and accepted by the grantee — not on recording.
- Constructive notice
- Recording a deed gives the public legal notice of ownership and sets priority.
- Title insurance
- Protects the insured against loss from title defects existing before the policy date, such as liens or recording errors.
- Chain of title
- The recorded history of ownership of a parcel, traced through successive deeds.
- Cloud on title
- A claim or encumbrance that may impair title; often cleared with a quitclaim deed or a quiet-title action.
- Adverse possession
- Acquiring title by open, notorious, continuous, hostile, and exclusive possession for the statutory period.
- Will vs. intestate
- A will directs how property passes at death; intestate (no will) passes by state descent-and-distribution law.
- Market value
- The most probable price under fair, open-market conditions — an opinion of value.
- Market value vs. price vs. cost
- Value is an opinion of worth; price is what was actually paid; cost is what was spent to build.
- Highest and best use
- The legal, physically possible, financially feasible, and most profitable use of a site — the basis of value.
- Principle of substitution
- A buyer will pay no more than the cost of an equally desirable substitute property.
- Sales comparison approach
- Compares the subject to recent comparable sales, adjusting for differences. Best for homes.
- Cost approach
- Land value + cost to rebuild new − depreciation. Best for new or special-use property.
- Income (capitalization) approach
- Value = net operating income ÷ capitalization rate. Best for income-producing property.
- Net operating income (NOI)
- Effective gross income minus operating expenses, before any mortgage payment.
- Capitalization rate
- NOI ÷ value; a higher cap rate signals more risk and a lower value.
- Reconciliation
- The appraiser weighs the three value indications into one final opinion — weighting, not averaging.
- Appraisal
- An impartial, supported opinion of value by a licensed appraiser as of a date, under USPAP.
- Comparative market analysis (CMA)
- A licensee's value estimate from comparable sales to help price a listing — not a formal appraisal.
- Depreciation (appraisal)
- Loss in value from physical deterioration, functional obsolescence, or external obsolescence.
- Contract
- A legally enforceable agreement between competent parties to do or refrain from a lawful act.
- Essential elements of a contract
- Mutual agreement (offer and acceptance), consideration, legal purpose, and competent parties.
- Statute of frauds
- Requires real estate sale contracts (and most leases over a year) to be in writing to be enforceable.
- Void vs. voidable
- Void = missing an essential element (no legal effect); voidable = a party may rescind (e.g., a minor's contract).
- Bilateral vs. unilateral
- Bilateral = a promise for a promise; unilateral = a promise in exchange for an act (e.g., an open listing).
- Earnest money
- A buyer's good-faith deposit, held in escrow and usually applied to the price at closing.
- Contingency
- A condition that must be met for the contract to become binding — financing, inspection, or appraisal.
- Specific performance
- A court order making a defaulting party complete the sale — available because land is unique.
- Liquidated damages
- A pre-agreed amount (often the earnest money) the parties accept as the remedy for a buyer's default.
- Listing agreement
- A contract employing a broker to find a buyer for the owner's property for compensation.
- Exclusive right-to-sell listing
- The listing broker earns the commission no matter who finds the buyer.
- Exclusive agency listing
- The broker earns the commission unless the owner finds the buyer themselves.
- Open listing
- Only the broker who actually finds the buyer earns the commission.
- Net listing
- The broker keeps any amount above the seller's set price — a conflict of interest (discouraged).
- Agency
- A fiduciary relationship in which an agent represents a principal in dealings with third parties.
- Fiduciary duties (OLD CAR)
- Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable care.
- Confidentiality after the relationship ends
- The duty of confidentiality survives termination of the agency relationship.
- Principal vs. agent vs. customer
- Principal = the client represented; agent = the licensee; customer = the unrepresented third party.
- Express vs. implied agency
- Express = created by a written or oral agreement; implied = created by the parties' conduct.
- Procuring cause
- The agent whose efforts mainly resulted in the sale — relevant to who earns the commission.
- Counteroffer
- A rejection of the original offer and a new offer back — terminates the prior offer.
- Option contract
- Gives a buyer the right to purchase within a set time for consideration; the seller cannot withdraw.
- Fair Housing Act (1968)
- Bans discrimination in housing based on race, color, religion, national origin, sex, familial status, and disability.
- Steering
- Illegally guiding buyers toward or away from areas based on a protected class.
- Blockbusting
- Inducing panic selling by claiming a protected class is moving into a neighborhood.
- Redlining
- A lender refusing to lend or insure in an area based on its makeup — a fair-housing violation.
- Reasonable accommodation
- A policy change a housing provider must allow for a person with a disability (e.g., a service animal).
- Reasonable modification
- A physical change to a unit a disabled tenant may make (often at their own cost in private housing).
- Antitrust — price fixing
- Brokers agreeing to set commission rates is illegal; rates are always negotiable.
- Lease (landlord/tenant)
- Conveys the right to use property for a term in exchange for rent; landlord = lessor, tenant = lessee.
- Gross lease
- The tenant pays a flat rent and the landlord pays the operating expenses.
- Net lease
- The tenant pays rent plus some or all of the property's operating expenses (taxes, insurance, maintenance).
- Property management agreement
- Employs a broker to manage an owner's property; the manager owes the owner fiduciary duties.
- Trust (escrow) account
- A separate account where a broker holds client funds; commingling with operating funds is prohibited.
- Conversion
- Using a client's escrow funds for the broker's own purposes — a serious license-law violation.
- Material fact
- Anything that would affect a buyer's decision or price; a licensee may not actively conceal or misrepresent it.
- Latent defect
- A hidden physical defect not discoverable by ordinary inspection; a licensee cannot misrepresent a known one.
- Patent defect
- An obvious defect a reasonable buyer could discover by ordinary inspection.
- Caveat emptor (Virginia)
- Buyer beware — the Virginia seller advises due diligence rather than listing known defects.
- Lead-based paint disclosure
- For pre-1978 housing: disclose known lead paint, give the EPA pamphlet, and allow a 10-day test window for sales.
- Lead-paint applicability
- Applies to most housing built before 1978; the parties may agree in writing to a different inspection period.
- Radon
- An odorless radioactive gas from soil that can accumulate indoors; common in parts of Virginia.
- Asbestos
- A fibrous mineral in old insulation and flooring; remove or encapsulate to control fibers.
- Mold
- Grows in damp areas; may require disclosure and remediation.
- Underground storage tank (UST)
- Can leak and contaminate soil and groundwater, creating cleanup liability.
- CERCLA / Superfund
- Federal law imposing liability for cleanup of hazardous-substance contamination on current and past owners.
- Wetlands
- Federally and state-regulated areas where development may require a permit.
- Stigmatized property
- Property with a non-physical condition (e.g., a past event) that may affect desirability; disclosure rules vary by state.
- Megan's Law
- Provides access to sex-offender registry information; licensees typically direct buyers to the registry.
- Promissory note
- The borrower's written promise to repay the loan; the evidence of the debt.
- Deed of trust (Virginia)
- Virginia's security instrument: title goes to a neutral trustee until the loan is repaid, enabling a trustee's sale.
- Mortgage vs. deed of trust
- A mortgage has two parties and usually judicial foreclosure; Virginia's deed of trust adds a trustee and allows non-judicial sale.
- Trustee's sale
- Virginia's non-judicial foreclosure conducted by the trustee, typically faster than judicial foreclosure.
- Conventional loan
- Not government-insured; usually requires PMI when the LTV exceeds 80%.
- FHA loan
- Insured by the Federal Housing Administration; allows a lower down payment with mortgage insurance.
- VA loan
- Guaranteed by the Department of Veterans Affairs for eligible veterans; often 0% down.
- Loan-to-value ratio (LTV)
- Loan amount ÷ value (or price); a higher LTV means more lender risk.
- Private mortgage insurance (PMI)
- Insurance protecting the lender on a conventional loan, usually when the LTV is above 80%.
- Discount points
- Prepaid interest to lower the rate; one point = 1% of the loan amount.
- RESPA
- Requires settlement-cost disclosures (Loan Estimate, Closing Disclosure) and bans kickbacks on federally related loans.
- TILA
- The Truth in Lending Act — requires disclosing the cost of credit, including the APR.
- Loan Estimate timing
- Must be provided within three business days of a loan application.
- Closing Disclosure timing
- Must reach the borrower at least three business days before closing.
- Settlement agent (CRESPA)
- The neutral party who conducts a Virginia closing, disburses funds, and records the deed.
- Usury
- Charging interest above the legal maximum rate.
- Commission formula
- Commission = sale price × commission rate.
- Price for a target seller net
- Price = net ÷ (1 − commission rate). A $282,000 net at 6% needs $300,000.
- LTV formula
- LTV = loan amount ÷ value (or price). An 80% LTV on a $300,000 home is a $240,000 loan.
- Square feet to acres
- Divide square feet by 43,560.
- Annual property tax
- Assessed value × tax rate (mills × 0.001), e.g., 18 mills = 0.018.
- Income approach value
- Value = net operating income ÷ capitalization rate.
- Area of a rectangle
- Length × width.
- Virginia grantor's tax math
- Value ÷ 500 × $0.50. On $300,000: 600 × $0.50 = $300.
- Virginia recordation tax math
- Value ÷ 100 × $0.25. On $300,000: 3,000 × $0.25 = $750.
- Proration
- Splitting taxes, rent, and interest by the days each party owns the property as of closing.
- One mile in feet
- 5,280 feet.
- Profit / percentage of cost
- Profit ÷ original cost = percent gain; sale price = cost × (1 + percent gain).
- Discount points cost
- Each point = 1% of the loan; 1.5 points on $425,000 = $6,375.
- Half-acre in square feet
- 43,560 ÷ 2 = 21,780 square feet.
- Commission split
- Apply each percentage in turn: total commission, then the brokerage split, then the agent's share.